Gerald D. and Catherine Leibowitz - Page 49

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          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 was            




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