- 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 the               
Page:  Previous   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   NextLast modified: May 25, 2011