Donald N. and Rosemarie F. Merino - Page 37

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          Respondent's refusal to waive a section 6659 addition to tax is             
          reviewable by this Court for abuse of discretion.  Krause v.                
          Commissioner, 99 T.C. at 179.  Abuse of discretion has been found           
          in situations where respondent's refusal to exercise such                   
          discretion is arbitrary, capricious, or unreasonable.  See                  
          Mailman v. Commissioner, 91 T.C. 1079 (1988); Estate of Gardner             
          v. Commissioner, 82 T.C. 989 (1984); Haught v. Commissioner, T.C.           
          Memo. 1993-58.                                                              
               We note initially that there is no showing in the record               
          that petitioners timely requested a waiver.  We are reluctant to            
          find that respondent abused any discretion in this case when                
          respondent was not timely requested to exercise it and there is             
          no direct evidence of any abuse of administrative discretion.               
          Haught v. Commissioner, supra; cf. Wynn v. Commissioner, T.C.               
          Memo. 1995-609; Klieger v. Commissioner, T.C. Memo. 1992-734.               
               However, we do not decide this issue solely on petitioners'            
          failure timely to request a waiver but instead, we have                     
          considered the issue on its merits.  Petitioners urge that                  
          petitioner "did all that one could reasonably be expected to do"            
          in deciding on the valuation claimed on their 1981 tax return.              
          However, as we explained above in finding petitioners liable for            
          the negligence additions to tax, petitioner's purported                     
          conclusion with respect to the fair market value of the Sentinel            
          EPE recycler was not reasonable.  In view of his extensive                  
          knowledge and experience in plastics, and the resources readily             




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