- 40 - value, the addition to tax is equal to 30 percent of the underpayment. Sec. 6659(b). Petitioner bears the burden of proving that respondent’s determination of the section 6659 addition to tax is erroneous. Rule 142(a); Luman v. Commissioner, 79 T.C. at 860-861. Petitioner claimed an investment tax credit based on a purported basis in the recyclers of $577,500, petitioner’s allocable share of Madison’s purported $7 million basis in the recyclers. In the FPAA, however, respondent determined that Madison’s actual basis in the recyclers was zero, in part because Madison was a sham and lacked economic substance. Respondent adjusted petitioner’s return in accordance with Madison’s examination results, reducing both his basis of $577,500 in the recyclers to zero and his Madison-related credits to zero. If the disallowance of petitioner’s claimed tax benefits is attributable to the valuation overstatement of his basis in the recyclers, he is liable for the section 6659 addition to tax at the rate of 30 percent of the underpayment of tax attributable to the tax benefits claimed with respect to Madison unless he establishes that he is entitled to a waiver of the penalty under section 6659(e). E.g., Thornsjo v. Commissioner, T.C. Memo. 2001-129. Petitioner contends that section 6659 does not apply in this case because (1) respondent’s disallowance of the claimedPage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
Last modified: May 25, 2011