Pamela Osowski - Page 7




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          v. Commissioner, 99 T.C. 132, 179 (1992).  On the record before             
          us, we are unable to conclude that respondent abused his                    
          discretion.  First, we are unable to find that petitioner ever              
          asked respondent to exercise his discretion before he issued the            
          notice of deficiency to her.  Absent a timely request for a                 
          waiver, which we do not find was present here, we cannot hold               
          that respondent abused his discretion in not waiving an addition            
          to tax under section 6659.  See Martin Ice Cream Co. v.                     
          Commissioner, 110 T.C. 189, 234-235 (1998); Haught v.                       
          Commissioner, T.C. Memo. 1993-58; cf. Lapin v. Commissioner, T.C.           
          Memo. 1990-343, affd. without published opinion 956 F.2d 1167               
          (9th Cir. 1992).                                                            
               Even if petitioner had made such a timely request, we find             
          nothing in the record to establish that she had the requisite               
          reasonable basis for the overstated valuation to overcome                   
          respondent’s determination.  The mere fact that she relied on Mr.           
          Kanter, a tax professional, in choosing to participate in Degree            
          does not mean that she reasonably reported the overstated                   
          valuation on her income tax return.  Indeed, the facts of this              
          case, including the facts that petitioner was aware of Mr.                  
          Kanter’s qualifications from their longtime close business                  
          relationship, that Mr. Kanter was not professionally qualified to           
          evaluate or appraise the energy management systems equipment,               
          that petitioner never read the PPM, and that petitioner never               





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