- 4 - 2. The underpayment in income tax attributable to petitioner's participation in Resource Reclamation Associates is a substantial underpayment attributable to a tax motivated transaction, subject to the increased rate of interest established under I.R.C. �6621(c), formerly section 6621(d). 3. This stipulation resolves all issues that relate to the items claimed on petitioners' 1981 tax return resulting from petitioner's participation in Resource Reclamation Associates, with the exception of petitioners' potential liability for additions to the tax for a valuation overstatement under I.R.C. �6659 and for negligence under the applicable provisions of I.R.C. �6653(a). 4. With respect to the issue of the addition to the tax under I.R.C. �6659, petitioners do not intend to contest the issue of the value of the Sentinel Recycler or the existence of a valuation overstatement on the petitioners' return; however, petitioners preserve their right to argue that the underpayment in tax is not attributable to a valuation overstatement within the meaning of I.R.C. �6659(a)(1), and that even if I.R.C. �6659 is applicable, the Secretary should have waived the addition to tax pursuant to the provisions of I.R.C. �6659(e). The issues remaining in this case are: (1) Whether petitioners are liable for the additions to tax for negligence under section 6653(a)(1) and (2); and (2) whether petitioners are liable for the addition to tax under section 6659 for underpayment of tax attributable to a valuation overstatement. FINDINGS OF FACT Some of the facts have been stipulated and are so found. The stipulated facts and attached exhibits are incorporated herein by this reference.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011