- 6 -- 6 - 4. With respect to the issue of the addition to the tax under I.R.C. �6659, Petitioners do not intend to contest the value of the Sentinel Recycler or the existence of a valuation overstatement on the Petitioners' returns; however, Petitioners reserve their right to argue that the underpayment in tax is not attributable to a valuation overstatement within the meaning of I.R.C. �6659(a)(1), and that the Secretary should have waived the addition to tax pursuant to the provisions of I.R.C. �6659(e). In their stipulation of settled issues, petitioners in docket No. 21847-90 (the Fredericks) conceded: (1) The section 6621(c) interest; (2) the tax benefits claimed on their tax returns from their participation in the Plastics Recycling Program; and (3) the section 6659 addition to tax on the portion of their underpayment attributable to the disallowance of investment tax and business energy credits claimed as a result of their participation in the Plastics Recycling Program. Respondent conceded the addition to tax under section 6661 with respect to the Fredericks' participation in the Plastics Recycling Program. Long after the trials of these cases, petitioners in docket Nos. 16922-90 (the Gollins) and 19612-90 (the Fishbachs) each filed a Motion For Leave To File Motion For Decision Ordering Relief From the Negligence Penalty and the Penalty Rate of Interest and To File Supporting Memorandum of Law under Rule 50. These motions were filed with attached exhibits on October 30, 1995, and on October 23, 1995, respectively. On those same dates, petitioners Gollin and Fishbach each also lodged with the Court a motion for decision ordering relief from the additions toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011