Leon M. and Mary K. Jaroff - Page 66

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          claimed on the returns and that such claims were made in good               
          faith.  The Commissioner's refusal to waive a section 6659                  
          addition to tax is reviewable by this Court for abuse of                    
          discretion.  Krause v. Commissioner, 99 T.C. at 179.  Abuse of              
          discretion has been found in situations where the Commissioner's            
          refusal to exercise her discretion is arbitrary, capricious, or             
          unreasonable.  See Mailman v. Commissioner, 91 T.C. 1079 (1988);            
          Estate of Gardner 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 trial of these consolidated cases.  Petitioners made              
          their request more than 6 months after the trial of these                   
          consolidated cases.  We are reluctant to find that respondent               
          abused her discretion in these consolidated 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 Tucker in                   
          deciding on the valuation claimed on their tax returns.                     
          Petitioners contend that such reliance was reasonable and,                  




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