- 24 - petitioner was required to request a “waiver” of the addition to tax, and, because he did not, he is precluded from receiving one. We disagree. While the Court of Appeals for the Eighth Circuit suggests that a taxpayer’s request for a waiver can establish the Commissioner's degree of fault for failing to waive, it does not hold that a request is a requirement or prerequisite for a waiver. Petitioner’s C.P.A., Mr. Zdonek, stated that he believed that the addition to tax did not apply; however, he did not refer to respondent’s “waiving” the addition to tax. We hold that Mr. Zdonek’s statement at the meeting which challenged the addition to tax had the same effect as a request for a waiver of the addition to tax, although such a formal request is not required. Id. The paramount question is whether petitioner had reasonable cause and acted in good faith, which he did. Decisions will be entered under Rule 155.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Last modified: May 25, 2011