- 32 - valuation overstatement. See sec. 6659(a), (d). A valuation overstatement exists if the fair market value (or adjusted basis) of 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). Petitioners claimed tax benefits, including investment tax credits and business energy credits, based on a purported value of $1,750,000 for each recycler. In the present cases, petitioners have stipulated that the fair market value of a recycler in 1982 was between $30,000 and $50,000. Accordingly, if disallowance of petitioners’ claimed benefits is attributable to such valuation overstatements, petitioners are liable for section 6659 additions to tax at the rate of 30 percent of the underpayments of tax attributable to tax benefits claimed with respect to Hamilton. Petitioners contend that section 6659 does not apply in their cases because (1) disallowance of the claimed tax benefits was attributable to other than a valuation overstatement, and (2) Hamilton’s concession in the underlying partnership case precludes imposition of the section 6659 additions to tax. 1. The Grounds for Petitioners’ Underpayments Petitioners contend that the section 6659 addition to tax does not apply in their cases because the disallowance of thePage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011