- 69 -- 69 - these 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 the provisions of section 6653(a) for the taxable years at issue. Respondent is sustained on this issue. B. Section 6659--Valuation Overstatement In notices of deficiency, respondent determined that petitioners Gollin and Fredericks were liable for the section 6659 addition to tax on the portion of their respective underpayments attributable to valuation overstatement. In a stipulation of settled issues, the Fredericks conceded the section 6659 addition to tax on the portion of their underpayment attributable to the disallowance of the investment tax and business energy credits claimed as a result of their participation in the Plastics Recycling Program. Petitioners Gollin have the burden of proving that respondent's determination of the section 6659 addition to tax in their case is erroneous. Rule 142(a); Luman v. Commissioner, 79 T.C. at 860-861. In an amendment to answer, respondent asserted that petitioners Fishbach were liable for the section 6659 addition to tax on the portion of their underpayment attributable to valuation overstatement. Because the section 6659 addition to tax was raised for the first time in the amendment to answer, the burden of proof is shifted to respondent. Rule 142(a); Vecchio v. Commissioner, 103 T.C. 170, 196 (1994). For convenience, inPage: Previous 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 Next
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