- 41 - tax benefits was attributable to other than a valuation overstatement, and (2) respondent erroneously failed to waive the section 6659 addition to tax. We reject each of these arguments for the reasons set forth below. 1. The Grounds for Petitioner’s Underpayments Section 6659 does not apply to an underpayment of tax that is not attributable to a valuation overstatement. See McCrary v. Commissioner, 92 T.C. 827 (1989); Todd v. Commissioner, 89 T.C. 912 (1987), affd. 862 F.2d 540 (5th Cir. 1988). To the extent a taxpayer claims tax benefits that are disallowed on grounds separate and independent from an alleged valuation overstatement, the resulting underpayment of tax is not attributable to a valuation overstatement. Krause v. Commissioner, 99 T.C. 132, 178 (1992) (citing Todd v. Commissioner, supra), affd. sub nom. Hildebrand v. Commissioner, 28 F.3d 1024 (10th Cir. 1994). However, when valuation is an integral factor in disallowing deductions and credits, section 6659 is applicable. See Illes v. Commissioner, 982 F.2d 163, 167 (6th Cir. 1992), affg. T.C. Memo. 1991-449; Masters v. Commissioner, T.C. Memo. 1994-197, affd. without published opinion 70 F.3d 1262 (4th Cir. 1995). Petitioner contends that the section 6659 addition to tax does not apply in his case because “the Commissioner totally disallowed all credits and deductions in the underlying TEFRAPage: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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