Stuart A. and Harriet J. Gollin, et al. - Page 69

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          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, in             




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