Estate of Ronald Busch, Deceased, Rochelle Busch, Executrix and Rochelle Busch, et al. - Page 50

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          Partnerships on their Federal income tax returns for 1982.  We              
          hold, upon consideration of the entire records, that petitioners            
          are liable for the negligence related additions to tax under the            
          provisions of section 6653(a)(1) and (2).  Respondent is                    
          sustained on this issue.                                                    
          B.  Section 6659--Valuation Overstatement                                   
               Respondent determined that petitioners are each liable for             
          the section 6659 addition to tax on the portion of their                    
          respective underpayments attributable to valuation overstatement.           
          Petitioners Busch conceded the section 6659 addition to tax in              
          their stipulation of settled issues; Snyder did not.  Snyder has            
          the burden of proving that respondent's determinations of the               
          section 6659 additions to tax for 1981 and 1982 are erroneous.              
          Rule 142(a); Luman v. Commissioner, 79 T.C. 846, 860-861 (1982).            
               A graduated addition to tax is imposed when an individual              
          has an underpayment of tax that equals or exceeds $1,000 and "is            
          attributable to" a valuation overstatement.  Sec. 6659(a), (d).             
          A valuation overstatement exists if the fair market value (or               
          adjusted basis) of property claimed on a return equals or exceeds           
          150 percent of the amount determined to be the correct amount.              
          Sec. 6659(c).  If the claimed valuation exceeds 250 percent of              
          the correct value, the addition is equal to 30 percent of the               
          underpayment.  Sec. 6659(b).                                                








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