Peter and Ursula Reimann, et al. - Page 42

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          attributable to" a valuation overstatement.  Sec. 6659(a), (d).             
          A valuation overstatement exists if the fair market value (or               
          adjusted basis) of property claimed on a return equals or exceeds           
          150 percent of the amount determined to be the correct amount.              
          Sec. 6659(c).  If the claimed valuation exceeds 250 percent of              
          the correct value, the addition is equal to 30 percent of the               
          underpayment.  Sec. 6659(b).                                                
               Petitioners each claimed an investment tax credit and a                
          business energy credit based on purported values of $1,162,666              
          for each Sentinel EPE recycler.  Each of petitioners concedes               
          that the fair market value of each recycler was not in excess of            
          $50,000.  Therefore, if disallowance of petitioners' claimed                
          credits is attributable to the valuation overstatements,                    
          petitioners are liable for the section 6659 addition to tax at              
          the rate of 30 percent of the respective underpayments of tax               
          attributable to the credits claimed with respect to the                     
          Partnerships.                                                               
               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. 132, 178 (1992) (citing Todd v.                       



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