Alondra Industries, Limited, d.b.a. Accent Insulation Company and Subsidiaries, et al. - Page 56

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               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.                               







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