- 14 - understatement * * * and that the taxpayer acted in good faith." The denial of a waiver under section 6661(c) is reviewable by the Court, and the appropriate standard of review is whether respondent has abused his discretion in not waiving the addition to tax. Mailman v. Commissioner, 91 T.C. 1079, 1083 (1988). We have found that petitioner failed to prove that he acted reasonably in claiming the charitable loss deduction in 1985. On the record before us, we further find that, assuming arguendo that petitioner sought a waiver under section 6661(c), he has not established that respondent abused his discretion in not granting any such request. Based on the record before us, we find that petitioner has failed to satisfy his burden of proving that he had substantial authority for claiming on his 1985 return the charitable deduction of $16,277 with respect to Mount Mercy. He has also failed to prove that that return position was more likely than not the proper treatment. In addition, assuming arguendo that petitioner requested a waiver under section 6661(c), petitioner has failed to prove that respondent abused his discretion in not granting any such request. Accordingly, we sustain respondent's determination imposing the addition to tax under section 6661(a) for 1985. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Last modified: May 25, 2011