- 6 - forth in the Hurt appraisal. Additionally, the evidence presented regarding comparable sales does not support petitioners' claimed fair market value of the boat. Based on the evidence presented at trial, we conclude that petitioners are not entitled to a deduction for the boat in excess of the amount determined by respondent. Substantial Valuation Misstatement Taxpayers are liable for a penalty equal to 20 percent of the portion of the underpayment of tax attributable to a substantial valuation misstatement. Sec. 6662(a), (b)(3). Section 6662(e)(1)(A) provides that there is a substantial valuation misstatement if the value of any property claimed on any tax return imposed by chapter 1 is 200 percent or more of the amount determined to be the correct value.6 The accuracy-related penalty under section 6662(a) does not apply to any portion of an underpayment if the taxpayer shows that there was reasonable cause for such portion and that the taxpayer acted in good faith. Sec. 6664(c)(1). Section 6664(c)(1), however, shall not apply in the case of any underpayment attributable to a substantial or gross valuation overstatement under chapter 1 with respect to any property contributed by the taxpayer for which a deduction was claimed under section 170 unless (1) the claimed value of the property was based on a "qualified appraisal" made by a 6 Sec. 6662(e)(2) provides an exception that is not applicable in the instant case.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011