- 16 - sustain respondent’s determinations regarding the substantial valuation overstatements and the gross valuation misstatement. Petitioners have not argued, and no evidence in the record suggests, that they had a reasonable basis or reasonable cause for making the claims. Accordingly, with respect to 1984 and 1985--the years in which the entire deficiency was based upon disallowance of the general business credit carrybacks–we hold that petitioners are liable for the section 6659(a) addition to tax with respect to the entire amount of the deficiency in each year. We further hold that petitioners are liable for the section 6659(a) addition to tax in 1987 and 1988, and the 40 percent section 6662(a) penalty in 1989, with respect to that portion of the deficiency in each of those years that is attributable to respondent’s disallowance of the Schedule F depreciation deductions. Petitioners, however, are not liable for the respective additions to tax with respect to the remaining portions of the deficiencies in 1987, 1988, and 1989, because these portions were not attributable to valuation overstatements. Finally, we note that in the notice of deficiency, respondent determined that petitioners are liable for the section 6662(a) penalty in 1989 both for a substantial valuation overstatement and a gross valuation misstatement, resulting in two separate additions to tax. However, the penalty for a gross valuation misstatement is applied in lieu of the penalty for aPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011