Ira S. Greene and Robin C. Greene - Page 32

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               1.  Concession of the Deficiency                                       
               Section 6659 does not apply to underpayments of tax that are           
          not "attributable to" valuation overstatements.  See McCrary v.             
          Commissioner, 92 T.C. at 827; 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.                       
          Commissioner, 933 F.2d 143, 151 (2d Cir. 1991) (the section 6659            
          addition to tax applies if a finding of lack of economic                    
          substance is "due in part" to a valuation overstatement), affg.             
          T.C. Memo. 1989-684; Masters v. Commissioner, T.C. Memo. 1994-              
          197, affd. without published opinion 70 F.3d 1262 (4th Cir.                 
          1995); Harness v. Commissioner, T.C. Memo. 1991-321.                        
               Petitioners argue that their concession of the tax benefits            
          related to Resource precludes imposition of the section 6659                
          addition to tax.  The basis for petitioners' concession is not              
          stated in the stipulation of settled issues, and petitioners                




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