- 33 - unrelated parties was for $337,000. On brief, petitioner relies on evidence not admitted into the record and his own self-serving statements in arguing that the value of the EMS was actually $5 million. We do not accept petitioner’s unsupported claim that the EMS was actually worth $5 million, which we note is still less than half of the $10,350,000 claimed value of the property. The contemporaneous sale of the EMS for $337,000 makes it clear that the claimed valuation of $10,350,000 exceeded 250 percent of the correct value of the EMS.21 Under section 6659(e), the Commissioner may waive all or any part of the addition to tax for a valuation overstatement if the taxpayer shows that there was a “reasonable basis for the valuation * * * claimed on the return and that such claim was in good faith.” The Commissioner’s waiver is discretionary and subject to review for abuse of discretion. Krause v. Commissioner, 99 T.C. 132, 179 (1992). Petitioner has not shown that there was a reasonable basis for the valuation overstatement of the EMS. Accordingly, we hold that petitioner is liable for the addition to tax of 30 percent of the underpayment of tax under section 6659. 21We note that in order for petitioner to avoid application of the 30-percent addition under sec. 6659(b), the EMS would have to have had a minimum correct value of $4,140,000 (10,350,000 � 2.50 = 4,140,000). The evidence in the record reflects that the correct value of the EMS was substantially below this amount.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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