Donald N. and Rosemarie F. Merino - Page 36

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               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).                                                
               Petitioners claimed tax benefits, including investment tax             
          credits and business energy credits, based on a purported value             
          of $1,162,666 for each Sentinel EPE recycler.  Petitioners                  
          concede that the fair market value of a Sentinel EPE recycler in            
          1981 was not in excess of $50,000.  Therefore, if disallowance of           
          petitioners' claimed tax benefits is attributable to such                   
          valuation overstatement, petitioners are liable for the section             
          6659 addition to tax at the rate of 30 percent of the                       
          underpayment of tax attributable to the tax benefits claimed with           
          respect to Northeast.                                                       
               Petitioners contend that respondent erroneously failed to              
          waive the section 6659 addition to tax.  Section 6659(e)                    
          authorizes respondent to waive all or part of the addition to tax           
          for valuation overstatement if taxpayers establish that there was           
          a reasonable basis for the adjusted bases or valuations claimed             
          on the returns and that such claims were made in good faith.                




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