- 10 - petitioners have demonstrated exercise of due care in their individual situation and with their particular background and circumstances. Accordingly, we hold for petitioners on this issue. Issue (2) Section 6659 Valuation Overstatement Petitioners also contest the addition to tax under section 6659 for a valuation overstatement. A valuation that exceeds the correct valuation by 150 percent or more constitutes a valuation overstatement. See sec. 6659(c). Petitioners have conceded that assets with values not exceeding $50,000 were valued at $1,750,000. There was therefore a valuation overstatement under section 6659. Petitioners contend that respondent abused his discretion in failing to exercise the authority under section 6659(e) to waive the addition to tax for the valuation overstatement. Under section 6659(e) the Commissioner may waive all or any part of the valuation overstatement addition upon a showing by the taxpayer that there was a "reasonable basis for the valuation * * * claimed on the return and that such claim was in good faith." The Commissioner's waiver is discretionary and subject to review for an abuse of discretion. See Krause v. Commissioner, 99 T.C. 132 (1992), affd. sub nom. Hildebrand v. Commissioner, 28 F.3d 1024 (10th Cir. 1994). On the record before us, there is no indication that petitioners requested a waiver from respondent at any time prior to the filing of their posttrial brief. Given that petitionersPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011