Kenneth and Dorothy Hitchen - Page 15

                                       - 15 -                                         
          The section 6662(a) penalty is not imposed on any portion of an             
          underpayment where a taxpayer has “reasonable cause for” and                
          “acted in good faith with respect to” such portion.  Sec.                   
          6664(c)(1).                                                                 
               In the notice of deficiency, respondent determined that the            
          entire amount of the deficiencies in 1984, 1985, and 1987, and              
          $7,382 of the deficiency in 1988, is attributable to valuations             
          that were more than 250 percent of the correct valuation,                   
          resulting in an addition to tax of 30 percent in each year.  See            
          sec. 6659(b).  Respondent further determined that the entire                
          amount of the deficiency in 1989 is attributable to a valuation             
          that was more than 400 percent of the correct valuation,                    
          resulting in an penalty of 40 percent for a gross valuation                 
          misstatement in that year.  Sec. 6662(a), (e), (h).                         
               Respondent concedes that petitioners are not liable for the            
          valuation overstatement additions to tax in 1987, 1988, and 1989            
          on the portions of the deficiencies attributable to the                     
          disallowance of the Schedule F deductions for boarding fee                  
          expenses, because no valuations were involved with these claimed            
          deductions.                                                                 
               Petitioners have presented no evidence concerning the                  
          valuations underlying the general business credits and the                  
          Schedule F depreciation deductions.  Insofar as the deficiencies            
          are attributable to the disallowance of those items, we therefore           






Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011