Donald L. Walford - Page 33

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          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.               





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