- 50 - 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).Page: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Next
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