Ernest I. Korchak - Page 41

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          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 TEFRA               






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