Estate of Ronald Busch, Deceased, Rochelle Busch, Executrix and Rochelle Busch, et al. - Page 53

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          service during the years in issue.  In McCrary, we found the                
          taxpayers were not liable for the section 6659 addition to tax              
          when, prior to the trial of the case, the taxpayers conceded that           
          they were not entitled to the investment tax credit because the             
          agreement in question was a license and not a lease.  In both               
          cases the underpayment was attributable to something other than a           
          valuation overstatement.                                                    
               Concession of the investment tax credit in and of itself               
          does not relieve a taxpayer of liability for the section 6659               
          addition to tax.  See Dybsand v. Commissioner, T.C. Memo. 1994-             
          56; Chiechi v. Commissioner, T.C. Memo. 1993-630.  Instead, the             
          ground upon which the investment tax credit is disallowed or                
          conceded is significant.  Chiechi v. Commissioner, supra.  Even             
          in situations in which there are arguably two grounds to support            
          a deficiency and one supports a section 6659 addition to tax and            
          the other does not, the taxpayer may still be liable for the                
          addition to tax.  Gainer v. Commissioner, 893 F.2d 225, 228 (9th            
          Cir. 1990), affg. T.C. Memo. 1988-416; Irom v. Commissioner, 866            
          F.2d 545, 547 (2d Cir. 1989), vacating in part and remanding T.C.           
          Memo. 1988-211; Harness v. Commissioner, supra.                             
               Snyder made no argument and presented no evidence to the               
          Court to prove that disallowance and concession of the investment           
          tax credits related to anything other than a valuation                      
          overstatement.  To the contrary, Snyder stipulated substantially            






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