jSamuel Jacobson - Page 15




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          for the Kesslers is misplaced.  There is no evidence that any               
          sales took place at the prices listed in those periodicals.  We             
          are convinced that 60,484 Kesslers would likely be sold, if at              
          all, only in a wholesale market.                                            
               Based on Schmid’s experience in stamp collecting and in the            
          first day cover market, his valuation of the Kesslers is the best           
          evidence we have of fair market value, and it supports                      
          respondent’s determination.                                                 
               Respondent presented no expert evidence of fair market value           
          for the religious articles, offering only evidence that they were           
          not treated as valuable by subsequent possessors of the articles.           
          Petitioner, however, failed to establish a fair market value in             
          excess of $12,973 for all of the contributed property.                      
          Accordingly, we conclude that petitioner is not entitled to                 
          deductions in excess of the amounts allowed by respondent.                  
          Section 6651(a) Addition to Tax                                             
               Respondent determined that petitioner is liable for the                
          section 6651(a)(1) addition to tax for 1993.  Section 6651(a)(1)            
          imposes an addition to tax for failure to file timely a return,             
          unless the taxpayer establishes that the failure did not result             
          from “willful neglect” and that the failure was due to                      
          “reasonable cause”.                                                         
               Petitioner failed to offer any evidence or explanation                 
          regarding the late filing of his 1993 return.  Thus, respondent’s           






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