Mark Friedman - Page 69

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               Petitioners argue that respondent erroneously failed to                
          waive the section 6659 additions to tax.  Section 6659(e)                   
          authorizes the Commissioner to waive all or part of the addition            
          to tax for valuation overstatement if taxpayers establish that              
          there was a reasonable basis for the adjusted bases or valuations           
          claimed on the returns and that such claims were made in good               
          faith.  The Commissioner's refusal to waive a section 6659                  
          addition to tax is reviewable by this Court for abuse of                    
          discretion.  Krause v. Commissioner, 99 T.C. at 179.  Abuse of              
          discretion has been found in situations where the Commissioner's            
          refusal to exercise her discretion is arbitrary, capricious, or             
          unreasonable.  See Mailman v. Commissioner, 91 T.C. 1079 (1988);            
          Estate of Gardner v. Commissioner, 82 T.C. 989 (1984); Haught v.            
          Commissioner, T.C. Memo. 1993-58.                                           
               We note initially that petitioners did not request                     
          respondent to waive the section 6659 additions to tax until well            
          after the trials of these cases.  Petitioners each made their               
          requests approximately 4 months after the trials of their cases.            
          We are reluctant to find that respondent abused her discretion in           
          these cases when she was not timely requested to exercise it and            
          there is no direct evidence of any abuse of administrative                  
          discretion.  Haught v. Commissioner, supra; cf. Wynn v.                     









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