Anthony J. and Claire L. Pace - Page 26

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          offering memorandum warned that the Internal Revenue Service                
          would likely challenge their purported value.  Yet the record               
          indicates that petitioners' sought no verification of the value             
          of the recyclers; their only concern was whether the recyclers              
          actually existed.                                                           
               Petitioners did not have a reasonable basis for the adjusted           
          bases or valuations claimed on their 1981 returns with respect to           
          their investments in Hyannis.  Accordingly, in these cases                  
          respondent could find that petitioners' purported reliance on               
          Greenstein and the promotional materials was unreasonable.  The             
          records here do not establish an abuse of discretion on the part            
          of respondent but support respondent's position.  We hold that              
          respondent's refusal to waive the section 6659 additions to tax             
          is not an abuse of discretion.  Petitioners are liable for the              
          respective section 6659 additions to tax at the rate of 30                  
          percent of the underpayment of tax attributable to the disallowed           
          credits for 1981.  Respondent is sustained on this issue.                   
          Issue 3.  Sec. 6621(c) Tax-Motivated Transactions                           
               With respect to petitioners Pace, respondent determined that           
          interest on deficiencies accruing after December 31, 1984, would            
          be calculated under section 6621(c).  Petitioners Pace have the             
          burden of proving that respondent's determination is erroneous.             
          Rule 142(a); Luman v. Commissioner, 79 T.C. 846 (1982).  With               
          respect to petitioners Berry, respondent asserted the section               
          6621(c) interest calculation in an amendment to answer.  Because            




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