- 49 - during the 90-day period in which he was allowed to petition the imposition of the penalty to this Court. Petitioner further contends, however, that his case was assigned to the IRS Office of Appeals for several months before the trial and that during that time “All present issues were discussed at length and ultimately rejected by the Service”, so that “the failure of the Commissioner to waive the overvaluation penalty while this case was in Appeals, amounts to an abuse of discretion”. Petitioner has failed to persuade us that he requested a waiver before trial as he alleges. Petitioner did not request a waiver in his petition, nor did he allege that he had requested a waiver or that he had reasonable cause for the valuation of the partnership’s assets claimed on his return. Petitioner did not introduce any evidence at trial to prove that he had requested a waiver or that he submitted any information to respondent in support of a waiver. See, e.g., Mailman v. Commissioner, 91 T.C. 1079, 1084 (1988); Haught v. Commissioner, supra; Magnus v. Commissioner, T.C. Memo. 1990-596. Because petitioner has failed to establish that he made a timely request for waiver, we cannot conclude that respondent abused his discretion in failing to waive the section 6659 addition to tax. Merino v. Commissioner, 196 F.3d at 159 (the Tax Court cannot order the Commissioner to affirmatively do something that is within the original discretion of the Commissioner where therePage: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
Last modified: May 25, 2011