- 14 - an underpayment for a taxable year that is attributable to valuation overstatements is $1,000 or greater. Sec. 6659(d). The amount of the addition to tax varies depending upon the size of the discrepancy in the valuation. Sec. 6659(b). The Secretary has the discretion to waive the section 6659 addition to tax if the taxpayer shows that there was a “reasonable basis for the valuation” and that the claim was “made in good faith.” Sec. 6659(e). With respect to petitioners’ taxable year 1989, section 6662(a) imposes a 20-percent accuracy-related penalty on the portion of an underpayment attributable to any one of various factors, one of which is a “substantial valuation misstatement under chapter 1”. Sec. 6662(b)(3). A “substantial valuation misstatement under chapter 1" exists “if * * * the value of any property (or the adjusted basis of any property) claimed on any return of tax imposed by chapter 1 is 200 percent or more of the amount determined to be the correct amount”. Sec. 6662(e)(1). The penalty applies only if an underpayment for a taxable year that is attributable to substantial valuation overstatements by an individual taxpayer is greater than $5,000. Sec. 6662(e)(2). The section 6662(a) penalty is increased to 40 percent in the case of “gross valuation misstatements”, which occurs where the overvaluation described above is 400 percent or more, rather than 200 percent or more, of the correct amount. Sec. 6662(h)(2)(A).Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011