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purported uniqueness of the machines.
In support of their contention that they acted reasonably,
petitioners cite Mauerman v. Commissioner, 22 F.3d 1001 (10th
Cir. 1994), revg. T.C. Memo. 1993-23. However, the facts in the
Mauerman case are distinctly different from the facts of these
cases. In Mauerman, the Tenth Circuit Court of Appeals held that
the Commissioner had abused her discretion for not waiving a
section 6661 addition to tax. Like the section 6659 addition, a
section 6661 addition to tax may be waived by the Commissioner if
the taxpayer demonstrates that there was reasonable cause for his
underpayment and that he acted in good faith. Sec. 6661(c). The
taxpayer in Mauerman relied upon independent attorneys and
accountants for advice as to whether payments were properly
deductible or capitalized. The advice relied upon by the
taxpayer in Mauerman was within the scope of the advisers'
expertise, the interpretation of the tax laws as applied to
undisputed facts. In these consolidated cases, particularly with
respect to valuation, petitioners relied upon advice that was
outside the scope of expertise and experience of Tucker and
Becker. Consequently, we consider petitioners' reliance on the
Mauerman case inapplicable.
We hold that petitioners did not have a reasonable basis for
the adjusted bases or valuations claimed on their tax returns
with respect to their investments in the Partnerships. In these
consolidated cases, respondent could find that petitioner's
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