Robert D. and Patricia K. Kaliban, et al. - Page 54

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            purported advisers in good faith investigated the fair market                             
            value of a Sentinel EPE recycler, or the underlying viability,                            
            financial structure, and economics of the Partnership                                     
            transactions.  We hold, upon consideration of the entire records,                         
            that petitioners are liable for the negligence additions to tax                           
            under section 6653(a)(1) and (2) for the taxable years at issue.                          
            Respondent is sustained on this issue.                                                    
            B.  Section 6659--Valuation Overstatement                                                 
                  In the notices of deficiency for 1981, respondent determined                        
            that petitioners were each liable for the section 6659 addition                           
            to tax on the portions of their respective underpayments                                  
            attributable to valuation overstatement.  Petitioners have the                            
            burden of proving that respondent's determinations of the section                         
            6659 additions to tax in their cases are erroneous.  Rule 142(a);                         
            Luman v. Commissioner, 79 T.C. at 860-861.                                                
                  A graduated addition to tax is imposed when an individual                           
            has an underpayment of tax that equals or exceeds $1,000 and "is                          
            attributable to" a valuation overstatement.  Sec. 6659(a), (d).                           
            A valuation overstatement exists if the fair market value (or                             
            adjusted basis) of property claimed on a return equals or exceeds                         
            150 percent of the amount determined to be the correct amount.                            
            Sec. 6659(c).  If the claimed valuation exceeds 250 percent of                            
            the correct value, the addition is equal to 30 percent of the                             
            underpayment.  Sec. 6659(b).                                                              






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