56 Having found that Alondra has not sustained its burden for the purpose of avoiding the negligence penalty, we would have no difficulty in sustaining the imposition of the substantial understatement penalty, even if Alondra had ever requested a waiver. In any event, there is no evidence that Alondra has ever requested a waiver. Accordingly, as we noted in Brown v. Commissioner, T.C. Memo. 1992-15, "we cannot find that respondent abused * * * [her] discretion when petitioner never requested respondent to exercise it." See also McCoy Enters., Inc. v. Commissioner, 58 F.3d 557, 563 (10th Cir. 1995), affg. T.C. Memo. 1992-693; Reinke v. Commissioner, 46 F.3d 760, 765-766 (8th Cir. 1995), affg. T.C. Memo. 1993-197; Mailman v. Commissioner, supra at 1082-1084; Dugow v. Commissioner, T.C. Memo. 1993-401, affd. without published opinion 64 F.3d 666 (9th Cir. 1995); Klieger v. Commissioner, T.C. Memo. 1992-734; sec. 1.6661-6, Income Tax Regs. Respondent's determination of the section 6661 addition to tax is sustained, to the extent of 25 percent of Alondra's understatement of tax. To reflect the foregoing and the parties' concessions, Decisions will be entered under Rule 155.Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56
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