Donald A. Robins - Page 14

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          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.                                   




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