Jeffrey I. and Roberta H. Stone - Page 38

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          related deductions and credits had been conceded or denied in               
          their entirety on other grounds.  In Todd, we found that an                 
          underpayment was not attributable to a valuation overstatement              
          because property was not placed in service during the years in              
          issue.  In McCrary, we found the taxpayers were not liable for              
          the section 6659 addition to tax when, prior to the trial of the            
          case, the taxpayers conceded that they were not entitled to the             
          investment tax credit because the agreement in question was a               
          license and not a lease.  In both cases, the underpayment was               
          attributable to something other than a valuation overstatement.             
               This Court has held that concession of the investment tax              
          credit in and of itself does not relieve taxpayers of liability             
          for the section 6659 addition to tax.  Dybsand v. Commissioner,             
          T.C. Memo. 1994-56; Chiechi v. Commissioner, T.C. Memo. 1993-630.           
          Instead, the ground upon which the investment tax credit is                 
          disallowed or conceded is significant.  Chiechi v. Commissioner,            
          supra.  Even in situations in which there are arguably two                  
          grounds to support a deficiency and one supports a section 6659             
          addition to tax and the other does not, the taxpayer may still be           
          liable for the addition to tax.  Gainer v. Commissioner, 893 F.2d           
          225, 228 (9th Cir. 1990), affg. T.C. Memo. 1988-416; Irom v.                
          Commissioner, 866 F.2d 545, 547 (2d Cir. 1989), vacating in part            
          and remanding T.C. Memo. 1988-211; Harness v. Commissioner,                 
          supra.                                                                      






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