Thomas E. and Joan A. Bennett - Page 39

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          6659, a section 6661 addition to tax may be waived by the                   
          Commissioner if the taxpayer demonstrates that there was                    
          reasonable cause for his underpayment and that he acted in good             
          faith.  Sec. 6661(c).  The taxpayer in Mauerman relied upon                 
          independent attorneys and accountants for advice as to whether              
          payments were properly deductible or capitalized.  The advice               
          relied upon by the taxpayer in Mauerman was within the scope of             
          his advisers' expertise, the interpretation of the tax laws as              
          applied to undisputed facts.  Particularly with respect to                  
          valuation, petitioners in these cases relied upon advice that was           
          outside the scope of expertise and experience of their advisers.            
          Consequently, we consider petitioners' reliance on the Mauerman             
          case inapplicable.                                                          
               We hold that petitioners did not have a reasonable basis for           
          the adjusted bases or valuations claimed on their tax returns               
          with respect to their investments in Empire.  In these cases,               
          respondent properly could find that petitioners' respective                 
          reliance on Gallagher and the offering materials was                        
          unreasonable.  The records in these cases 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 addition 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                      






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