John C. Vanderschraaf and Cornelia Vanderschraaf, et al. - Page 20

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          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)            




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