- 34 - under section 6653(a)(1) and (2) for the years in issue. Respondent is sustained on this issue. Issue (4) Section 6659 Valuation Overstatement Petitioner also contests the addition to tax for valuation overstatement under section 6659 for the years in issue. A value claimed on a return that exceeds the correct value by 150 percent or more constitutes a valuation overstatement. See sec. 6659(c). With respect to the Plymouth investment, we have found that Sentinel EPE recyclers valued at $1,162,667 each did not have a value exceeding $50,000 per machine. With respect to the Taylor investment, we have found that Sentinel EPS recyclers valued at $1,750,000 each did not have a value exceeding $50,000 per machine. Although petitioner declined to stipulate the value of the Sentinel recyclers at issue, petitioner presented no evidence by way of expert testimony to contradict the conclusions reached by respondent's experts. The record is devoid of any evidence indicating that petitioner conducted a meaningful investigation to value the Sentinel recyclers. We have extensively considered the value of the Sentinel EPE recycler and the value of the Sentinel EPS recycler and have concluded as an ultimate fact that the Sentinel EPE and EPS recyclers did not have a fair market value at that time in excess of $50,000 each. See also Gottsegen v. Commissioner, T.C. Memo. 1997-314; Provizer v. Commissioner,Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011