- 20 - Respondent contends that the addition to tax under section 6661 should be imposed because there was no substantial authority supporting the claimed treatment of the disallowed items. Petitioners argue that they should be held not liable for the section 6661 addition to tax and that respondent should have waived the section 6661 addition to tax. Respondent also argues that petitioners never formally requested respondent to waive the section 6661 addition to tax, and respondent argues that the Court therefore is without jurisdiction to review respondent's refusal to waive this addition to tax. On the record in these cases, we conclude that the section 6661 addition to tax has always been before the Court and in dispute between the parties. Respondent has been aware for years of petitioners’ request for an abatement thereof. In the related test case of Krause v. Commissioner, 99 T.C. at 179 (on general grounds that are also applicable to petitioners herein), we expressly addressed and rejected respondent's imposition of the section 6661 addition to tax. Based on the record in these cases, we conclude that respondent's refusal to waive the section 6661 addition to tax constitutes an abuse of discretion. Mailman v. Commissioner, 91 T.C. 1079 (1988); see also Vorsheck v. Commissioner, 933 F.2d 757 (9th Cir. 1991). As we explained in Krause v. Commissioner, 99 T.C. at 180, imposition of increased interest under section 6621(c), and its predecessor section 6621(d), is more automatic. Section 6621(c)Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011