Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 194

                                        -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 a                      






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