Mark Friedman - Page 58

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          market value of a Sentinel EPE recycler, or the underlying                  
          viability, financial structure, and economics of the Partnership            
          transactions.  These sophisticated, able, and successful                    
          taxpayers knew or should have known better.  We hold, upon                  
          consideration of the entire records, that petitioners are liable            
          for the negligence additions to tax under section 6653(a)(1) and            
          (2) for the taxable year at issue.  Respondent is sustained on              
          this issue.                                                                 
          B.  Section 6659--Valuation Overstatement                                   
               In notices of deficiency, respondent determined that                   
          petitioners were liable for the section 6659 addition to tax on             
          the portion of their respective underpayments attributable to               
          valuation overstatement.  Petitioners have the burden of proving            
          that respondent's determinations of the section 6659 additions to           
          tax in their cases are erroneous.  Rule 142(a); Luman v.                    
          Commissioner, 79 T.C. at 860-861.                                           
               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              







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