- 27 - B. Substantial Valuation Misstatement In the notice of deficiency for 1989, respondent determined that the accuracy-related penalty should be imposed based on either a substantial valuation misstatement or a substantial understatement of income tax or negligence. We begin with whether there was a substantial valuation misstatement for 1989. As relevant herein, section 6662(e) provides that there is a substantial valuation misstatement if the value or adjusted basis of any property claimed on a return is 200 percent or more of the amount determined to be the correct amount. Sec. 6662(e)(1)(A). Also, as relevant herein, section 6662(e) does not apply unless the portion of the underpayment attributable to the substantial valuation misstatement exceeds $5,000. Sec. 6662(e)(2). Respondent contends that the adjusted basis of the Sentinel EPE and EPS recyclers claimed by petitioner on his 1989 return exceeds by at least 200 percent, the fair market value of the recyclers. Petitioner bears the burden of proving that respondent's determination is erroneous. Rule 142(a); Bixby v. Commissioner, 58 T.C. 757, 791-792 (1972). 1. The Sentinel EPE Recycler In order to establish the market value of the Sentinel EPE recycler, respondent presented the testimony and expert witness reports of Grossman and Lindstrom. Opinions of experts are not binding on this Court and may be rejected entirely if contrary toPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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