Barry John Sergeant and Christine M. Sergeant - Page 6

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          forth in the Hurt appraisal.  Additionally, the evidence                    
          presented regarding comparable sales does not support                       
          petitioners' claimed fair market value of the boat.                         
               Based on the evidence presented at trial, we conclude that             
          petitioners are not entitled to a deduction for the boat in                 
          excess of the amount determined by respondent.                              
          Substantial Valuation Misstatement                                          
               Taxpayers are liable for a penalty equal to 20 percent of              
          the portion of the underpayment of tax attributable to a                    
          substantial valuation misstatement.  Sec. 6662(a), (b)(3).                  
          Section 6662(e)(1)(A) provides that there is a substantial                  
          valuation misstatement if the value of any property claimed on              
          any tax return imposed by chapter 1 is 200 percent or more of the           
          amount determined to be the correct value.6  The accuracy-related           
          penalty under section 6662(a) does not apply to any portion of an           
          underpayment if the taxpayer shows that there was reasonable                
          cause for such portion and that the taxpayer acted in good faith.           
          Sec. 6664(c)(1).  Section 6664(c)(1), however, shall not apply in           
          the case of any underpayment attributable to a substantial or               
          gross valuation overstatement under chapter 1 with respect to any           
          property contributed by the taxpayer for which a deduction was              
          claimed under section 170 unless (1) the claimed value of the               
          property was based on a "qualified appraisal" made by a                     

               6  Sec. 6662(e)(2) provides an exception that is not                   
          applicable in the instant case.                                             



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