- 80 -- 80 -
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. The Gollins made their request
more than 6 months after the trial of their case, and the
Fishbachs made their request more than 4 months after the trial
of their case. 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. Commissioner, T.C. Memo. 1995-609; Klieger v.
Commissioner, T.C. Memo. 1992-734.
However, we do not decide this issue solely on petitioners'
failure timely to request waivers, but instead, we have
considered the issue on its merits. Petitioners urge that they
relied on the respective offering materials and Becker in
deciding on the valuation claimed on their tax returns. Fishbach
maintains that he relied on Hertan as well. Petitioners contend
that such reliance was reasonable, and, therefore, that
respondent should have waived the section 6659 additions to
tax.18 However, as we explained above in finding petitioners
18 In their posttrial brief, the Gollins referenced the reports
prepared by Carmagnola in support of the reasonableness of the
claimed valuation. For reasons discussed supra, we consider the
(continued...)
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