- 26 - energy credits claimed with respect to EI and Clearwater.8 Sorey has the burden of proving respondent's determinations of these additions to tax erroneous. Rule 142(a); Rybak v. Commissioner, 91 T.C. 524, 566 (1988). Additionally, in a first amendment to answer, respondent asserted that Wilson was liable for the addition to tax for valuation overstatement under section 6659 on the underpayment of his 1981 Federal income tax attributable to the investment tax credit and business energy credit claimed with respect to EI and Clearwater. Because this addition to tax was raised for the first time in respondent's amendment to answer, respondent bears the burden of proving that Wilson is liable for the section 6659 addition to tax. Rule 142(a); Vecchio v. Commissioner, 103 T.C. at 196. The underlying facts of these cases with respect to this issue are substantially the same as those in Fine v. Commissioner, T.C. Memo. 1995-222. In addition, with the exception of arguments pertaining to respondent's failure to waive the section 6659 additions to tax, petitioners' arguments with respect to this issue are identical to the arguments made in 8 As noted, supra p. 4, on brief respondent decreased the amount of the sec. 6659 addition to tax asserted with respect to taxable year 1981 in docket No. 7908-89. The amount of the 1981 sec. 6659 addition to tax asserted in respondent's opening brief corresponds to the amount of a sec. 6659 addition to tax calculated by applying sec. 6659 only with respect to the EI credits utilized on Sorey's 1981 Federal income tax return. Credits utilized on Sorey's 1981 return in the amount of $4,805 times 30% equals $1,442, the amount of the sec. 6659 addition to tax asserted in respondent's opening brief.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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