Michael W. Keller - Page 16

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          valuation or adjusted basis”.  Sec. 6662(e)(1)(A).  In other                
          words, there is a gross valuation misstatement when the value or            
          basis claimed on a return is 400 percent or more of the correct             
          value or basis.                                                             
              Respondent determined that the full amounts of petitioner’s            
          underpayments of tax were attributable to gross valuation                   
          misstatements.  For 1994, petitioner’s underpayment was                     
          attributable to the disallowance of the Schedule F deductions for           
          depreciation, “the cost basis of purchased cattle that died”                
          (cost basis deduction), interest, and “sharecropboard” expenses.            
          For 1995, petitioner’s underpayment was attributable to the                 
          disallowance of the Schedule F deductions for depreciation,                 
          interest, and “sharecropboard” expenses.  Because the interest              
          and sharecropboard expenses did not depend on valuation or basis            
          statements, any underpayments of tax resulting from their                   
          disallowance cannot be based on gross valuation misstatements.              
          See Jaroff v. Commissioner, T.C. Memo. 2004-276.  However, the              
          depreciation and cost basis deductions depended on petitioner’s             
          reported bases in cattle.  Therefore, 40-percent penalties may              
          apply to petitioner’s underpayments resulting from the                      
          disallowance of the depreciation and cost basis deductions if the           
          bases petitioner reported were gross valuation misstatements.               
          See id.                                                                     







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