- 53 - scope of the advisers' expertise, the interpretation of the tax laws as applied to undisputed facts. In the present case, however, particularly with respect to valuation, petitioner relied upon advice which was outside the scope of expertise and experience of the purported adviser. Bach had no education, special qualifications, or professional skills or experience in plastics engineering, plastics recycling, or plastics materials. Consequently, we consider petitioners' reliance on the Mauerman case inapplicable. We hold that petitioners did not have a reasonable basis for the adjusted bases or valuations claimed on their 1981 tax return with respect to their investment in Plymouth. In this case, respondent could find that petitioner's reliance on Bach was unreasonable. The record in this case does not establish an abuse of discretion on the part of respondent but supports respondent's position. We hold that respondent's refusal to waive the section 6659 addition to tax in this case is not an abuse of discretion. Petitioners are liable for the section 6659 addition to tax at the rate of 30 percent of the underpayment of tax attributable to the disallowed investment tax and business energy credits. Respondent is sustained on this issue. C. Petitioners' Motion for Leave To File Motion for Decision Ordering Relief from the Negligence Penalty and the Penalty Rate of Interest and To File Supporting Memorandum of Law Approximately 4 months after the trial of this case, petitioners filed a Motion For Leave to File Motion for DecisionPage: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
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