Leon M. and Mary K. Jaroff - Page 68

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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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