Richard L. and Kathryn Dyckman - Page 10




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          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 petitioners             

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