Estate of H.A. True, Jr. - Page 261




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              As the table indicates, the subject interests in Belle                  
          Fourche were valued on the estate tax return and the 1994 gift              
          tax return at less than 25 percent of the correct value, which              
          result in gross valuation misstatements under section 6662(h).              
          The subject interest in Eighty-Eight Oil was valued on the 1993             
          gift tax return at more than 25 percent, but less than 50 percent           
          of the correct value, which results in a substantial gift tax               
          valuation understatement under section 6662(g).  Finally, the               
          subject interests in Black Hills Trucking were valued on the                
          estate tax return and the 1994 gift tax return at less than 25              
          percent of the correct value, resulting in gross valuation                  
          misstatements under section 6662(h).98                                      
              Unless the reasonable cause exception to the accuracy-                  
          related penalties applies, the 40-percent penalty will apply to             
          the portion of any underpayment of estate tax or 1994 gift tax              
          attributable to the gross valuation understatement of the subject           
          interests in Belle Fourche and Black Hills Trucking.  Moreover,             
          the 20-percent penalty will apply to the portion of any                     
          underpayment of 1993 gift tax attributable to the substantial               
          valuation understatement of the subject interest in Eighty-Eight            
          Oil.                                                                        



               98The gift loan derived from the deferred payment                      
          transaction was not property “claimed on any return of tax                  
          imposed by subtitle B” and is therefore not subject to the                  
          valuation understatement penalties.                                         





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