Leon M. and Mary K. Jaroff - Page 57

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          1981 was not in excess of $50,000.  Therefore, if disallowance of           
          petitioners' claimed tax benefits is attributable to such                   
          valuation overstatements, petitioners are liable for the section            
          6659 additions to tax at the rate of 30 percent of the portions             
          of their underpayments attributable to such valuation                       
          overstatements.                                                             
               Petitioners contend that section 6659 does not apply in                
          their consolidated cases for the following three reasons:  (1)              
          Disallowance of the claimed tax benefits was attributable to                
          other than a valuation overstatement; (2) petitioners' concession           
          of the claimed tax benefits precludes imposition of the section             
          6659 additions to tax; and (3) respondent erroneously failed to             
          waive the section 6659 additions to tax.  We reject each of these           
          arguments for reasons set forth below.                                      
               1.  The Grounds for Petitioners' Underpayments                         
               Section 6659 does not apply to underpayments of tax that are           
          not "attributable to" valuation overstatements.  See McCrary v.             
          Commissioner, 92 T.C. 827 (1989); Todd v. Commissioner, 89 T.C.             
          912 (1987), affd. 862 F.2d 540 (5th Cir. 1988).  To the extent              
          taxpayers claim tax benefits that are disallowed on grounds                 
          separate and independent from alleged valuation overstatements,             
          the resulting underpayments of tax are not regarded as                      
          attributable to valuation overstatements.  Krause v.                        
          Commissioner, 99 T.C. at 178 (citing Todd v. Commissioner,                  
          supra).  However, when valuation is an integral factor in                   




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