- 49 - report for those three categories of memorabilia only. We find that the total fair market value of the collection in December 1985 was $50,412. 4. Additions to Tax for Valuation Overstatement Section 6659(a) imposes an addition to tax if there is an underpayment of tax of at least $1,000, sec. 6659(d), attributable to an overstatement of the value of charitable deduction property. This addition to tax is applied to each year in issue, in this case all the years in which an underpayment results from a deduction claimed pursuant to a charitable contribution and its related carryover when such deductions are “attributable to a valuation overstatement”. Sec. 6659(a); Todd v. Commissioner, 862 F.2d 540, 542-543 (5th Cir. 1988), affg. on this issue 89 T.C. 912 (1987); see also Rogers v. Commissioner, T.C. Memo. 1990-619. There is a valuation overstatement where the claimed value is 150 percent or more of the amount determined to be correct. Sec. 6659(c). Here, petitioners claimed a charitable donation of $185,085. We have found the fair market value of the collection to be $50,412. These figures place petitioners' overstatement well in excess of the section 6659(c) 150 percent threshold. Petitioners seek relief under section 6659(e), which allows waiver of “all or any part of the addition to the tax provided by this section on a showing by the taxpayer that there was a reasonable basis for the valuation * * * and that such claim wasPage: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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