William and Joan Spears - Page 6

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               3.  This stipulation resolves all issues that relate to                
               the items claimed on petitioners' tax returns resulting                
               from their participation in the Plastics Recycling                     
               Program, with the exception of petitioners' potential                  
               liability for additions to the tax for valuation                       
               overstatements under I.R.C. �6659 and for negligence                   
               under the applicable provisions of �6653(a).                           
               4.  With respect to the issue of the addition to the                   
               tax under I.R.C. �6659, petitioners do not intend to                   
               contest the issue of the value of the Sentinel Recycler                
               or the existence of a valuation overstatement on the                   
               petitioners' return; however, petitioners preserve                     
               their right to contest the issue of whether I.R.C.                     
               �6659 is applicable under the facts and circumstances                  
               of this case.[4]                                                       
               The only issues remaining in these consolidated cases are:             
          (1) Whether petitioners are liable for the additions to tax for             
          negligence or intentional disregard of rules or regulations under           
          section 6653(a)(1) and (2); and (2) whether petitioners are                 
          liable for the addition to tax under section 6659 for an                    
          underpayment of tax attributable to valuation overstatement.                
               Farrell's motion for decision, based in general upon                   
          circumstances not discussed herein, has been denied for reasons             
          set forth in Farrell v. Commissioner, T.C. Memo. 1996-295.                  


          4    The stipulation executed by respondent and Farrell refers              
          specifically to their 1982 tax returns.  Also, the last clause of           
          the fourth stipulation reads:  "however, petitioners preserve               
          their right to argue that the underpayment in tax is not                    
          attributable to a valuation overstatement within the meaning of             
          I.R.C. �6659(a)(1), and that the Secretary should have waived the           
          addition to tax pursuant to the provisions of I.R.C. �6659(e)."             








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