- 24 - In this case, petitioners did not have “ample evidence discrediting the estimate” of zero tax liability and in fact had some evidence supporting it. Petitioner received a letter from a licensed contractor prior to filing the Form 4868, which stated that the cost of constructing a canal similar to the Canal would be $107,134.50. Given that a copy of this letter was ultimately attached to their tax return as filed, we believe petitioners estimated the value of their contribution of the Canal using replacement cost. Petitioners thus made an effort to locate evidence which, although incorrectly used, was sufficient for purposes of their Form 4868 estimate, particularly in light of the fact that valuing this property involved complicated legal issues and posed a genuine challenge for both experts who testified in this case. Accordingly, petitioners are not liable for the addition to tax under section 6651(a) for 1990. III. Accuracy-Related Penalties In the notice of deficiency, respondent determined that petitioners were liable for accuracy-related penalties under section 6662(h) for both 1990 and 1992. Section 6662(h) applies when there is a substantial valuation overstatement in which the value of any property claimed on a tax return is 400 percent or more of the value determined to be correct. See sec. 6662(h)(2)(A), (e)(1). However, no penalty is imposed unless the portion of the underpayment attributable to substantial valuationPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011