Stephen Kowalchuk - Page 9




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          is that petitioner did not use reasonable and prudent care in                 
          investing in and claiming the deductions and credits from this                
          scheme.  Respondent’s determinations as to the additions to tax               
          under section 6653(a) are sustained.                                          
          B.  Section 6659--Valuation Overstatement                                     
               Under section 6659 a graduated addition to tax is imposed                
          when an individual has an underpayment of tax that equals or                  
          exceeds $1,000 and is “attributable to" a valuation                           
          overstatement.  Sec. 6659(a), (d).  A valuation overstatement                 
          exists if the fair market value (or adjusted basis) of the                    
          property claimed on a return equals or exceeds 150 percent of the             
          amount determined to be the correct amount.  See sec. 6659(c).                
          If the claimed valuation exceeds 250 percent of the correct                   
          value, the addition is equal to 30 percent of the underpayment.               
          See sec. 6659(b).                                                             
               In the notice of deficiency, respondent determined that                  
          petitioner is liable for the section 6659 addition to tax on the              
          portion of his underpayment attributable to valuation                         
          overstatement.  Petitioner has the burden of proving that                     
          respondent's determination of the section 6659 addition to tax is             
          erroneous.  See Rule 142(a); Luman v. Commissioner, supra at 860-             
          861.                                                                          
               Petitioner received tax benefits, including investment and               
          business energy tax credits, based on a purported value of                    






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