Peter and Ursula Reimann, et al. - Page 48

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          section 6659 addition to tax was disallowed in light of the                 
          respective holdings that the taxpayers in each case had a                   
          reasonable basis for the valuations claimed on the tax returns or           
          had reasonable cause for the understatements on the returns and             
          were not subject to negligence additions to tax.  In contrast, we           
          have held that petitioners herein did not act reasonably in                 
          claiming deductions and investment tax credits related to the               
          Partnerships, that the errors on petitioners' tax returns were              
          caused by the excessive valuations of the underlying machinery in           
          the Partnership transactions, that petitioners lacked reasonable            
          cause for such overvaluation, and that each petitioner is                   
          therefore liable for the negligence additions to tax under                  
          section 6653(a).  See supra pp. 20-40.  Accordingly, petitioners'           
          reliance on the Krause and Rousseau cases is misplaced.                     
               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 section 6659, 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 cases, particularly with respect to valuation,                     



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