-267- In any event, we conclude that respondent has satisfied any burden of production he might have under section 7491(c) with respect to the appropriateness of applying accuracy-related penalties in the instant cases. Consequently, petitioner must come forward with evidence sufficient to persuade the Court that respondent’s penalty determinations are incorrect. Higbee v. Commissioner, supra at 447. B. Gross Valuation Misstatements A 20-percent accuracy-related penalty applies to the extent that any portion of an underpayment is attributable to any “substantial valuation misstatement”. Sec. 6662(a) and (b)(3). There is a “substantial valuation misstatement” if “the value of any property (or the adjusted basis of any property) claimed on any return of tax imposed * * * is 200 percent or more of the amount determined to be the correct amount of such valuation or adjusted basis (as the case may be)”. Sec. 6662(e)(1)(A). In the case of a “gross valuation misstatement”, the penalty increases from 20 to 40 percent. There is a “gross valuation misstatement” if the value of any property (or the adjusted basis of any property) claimed on any return of tax imposed is 400 percent or more of the amount determined to be the correct amount of such valuation or adjusted basis (as the case may be). Sec. 6662(e)(1) and (h)(2). In the case of multiple valuation misstatements, the determination of whether there is aPage: Previous 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 Next
Last modified: May 25, 2011