Bruce and Lois Zenkel, et al. - Page 64

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               Petitioners argue that section 6659 does not apply in their            
          cases for the following reasons:  (1) Disallowance of the claimed           
          tax benefits was attributable to other than a valuation                     
          overstatement; (2) petitioners' concessions of the claimed tax              
          benefits precludes imposition of the section 6659 additions to              
          tax; and (3) respondent erroneously failed to waive the section             
          6659 addition to tax.  We reject each of these arguments in these           
          cases for reasons set forth below.                                          
               1.  The Grounds for Petitioners' Underpayments                         
               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.                       
          Commissioner, supra), affd. sub nom. Hildebrand v. Commissioner,            
          28 F.3d 1024 (10th Cir. 1994).  However, when valuation is an               
          integral factor in disallowing deductions and credits, section              
          6659 is applicable.  See Illes v. Commissioner, 982 F.2d 163, 167           
          (6th Cir. 1992), affg. T.C. Memo. 1991-449; Gilman v.                       








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