Jeffrey I. and Roberta H. Stone - Page 43

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          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).  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,                     
          petitioners relied upon advice that was outside the scope of                
          expertise and experience of their supposed advisers.                        
          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 reflected on their tax returns             
          with respect to their investments in Northeast and Hyannis.  In             




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