Bruce and Lois Zenkel, et al. - Page 73

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          fact that the records here plainly show that the overvaluation of           
          the recyclers was the underlying reason for disallowance of the             
          claimed tax benefits, we conclude that the deficiencies were                
          attributable to overvaluation of the Sentinel EPE recyclers.                
               3.  Section 6659(e)                                                    
               Petitioners argue that respondent erroneously failed to                
          waive the section 6659 additions to tax.  Section 6659(e)                   
          authorizes respondent to waive all or part of the addition to tax           
          for valuation overstatements if taxpayers establish that there              
          was a reasonable basis for the adjusted bases or valuations                 
          claimed on the returns and that such claims were made in good               
          faith.  Respondent's refusal to waive a section 6659 addition to            
          tax is reviewable by this Court for abuse of discretion.  Krause            
          v. Commissioner, 99 T.C. at 179.  Abuse of discretion has been              
          found in situations where respondent's refusal to exercise her              
          discretion is arbitrary, capricious, or unreasonable.  See                  
          Mailman v. Commissioner, 91 T.C. 1079 (1988); Estate of Gardner             
          v. Commissioner, 82 T.C. 989 (1984); Haught v. Commissioner, T.C.           
          Memo. 1993-58.  We note initially that petitioners did not                  
          request respondent to waive the section 6659 additions to tax               
          until many months after the trials of the these cases.  We are              
          reluctant to find that respondent abused her discretion in cases            
          in which she was not timely requested to exercise it and where              








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