William N. Kellahan, Jr. and Alice H. Kellahan - Page 26




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          By adding subparagraph (B) to section 6664(c)(2), Congress                  
          obviously intended that the taxpayer take some further steps                
          beyond merely obtaining an appraisal from a qualified appraiser.            
          We believe that petitioners’ actions in this case fall short of             
          what subparagraph (B) requires.  Petitioner had experience in               
          real estate, given his activity in purchasing property at tax               
          sales and reselling it, and successfully ran his own engineering            
          and survey business.  Thus he is chargeable with some                       
          sophistication in real estate matters.  Taking into account                 
          petitioner’s experience, and the fact that he did not even visit            
          the property until approximately 1 month before trial, we                   
          conclude that he failed to make a “good faith investigation” of             
          the value of the contributed property within the meaning of                 
          section 6664(c)(2)(B) before claiming the value on the tax                  
          return.  See Sergeant v. Commissioner, T.C. Memo. 1998-265.                 
          Therefore, petitioners have failed to satisfy section                       
          6664(c)(2)(B), and the reasonable cause exception does not apply.           
          Accordingly, petitioners are liable for the accuracy-related                
          penalty under section 6662(h) for 1990 and 1992 as determined by            
          respondent.                                                                 
                                             An appropriate order will be             
                                           issued.                                    









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