Martin Ice Cream Company - Page 72

                                                   - 72 -                                               
            of section 6653(a), the evidence before us on that issue was not                            
            completely uncontroverted, especially in light of petitioner’s failure                      
            to disclose the split-off on its 1988 income tax return.  We therefore                      
            cannot say that reasonable cause and good faith were so clear that any                      
            refusal by respondent to waive the addition to tax would have amounted                      
            to an abuse of discretion as being without sound basis in fact.  See,                       
            e.g., Vandeyacht v. Commissioner, T.C. Memo. 1994-148; Klavan v.                            
            Commissioner, T.C. Memo. 1993-299.                                                          
                  Accordingly, we sustain respondent’s determination that                               
            petitioner is liable for the section 6661(a) addition to tax on the                         
            underpayment.                                                                               
                  To reflect the foregoing,                                                             

            Decision will be entered                                                                    
            under Rule 155.                                                                             






















Page:  Previous  53  54  55  56  57  58  59  60  61  62  63  64  65  66  67  68  69  70  71  72  

Last modified: May 25, 2011