- 21 - than 400 percent of the amounts determined to be the correct adjusted bases. See Keller v. Commissioner, T.C. Memo. 2006-131; Jaroff v. Commissioner, T.C. Memo. 2004-276; see also Zirker v. Commissioner, 87 T.C. 970 (1986). In that petitioner’s resulting underpayment of tax for 1989 exceeded $5,000, we conclude that petitioner’s underpayment of 1989 tax resulting from the disallowance of his reported cost bases and depreciation deduction was attributable to a gross valuation misstatement of over $5,000. See Massengill v. Commissioner, 876 F.2d 616 (8th Cir. 1989), affg. T.C. Memo. 1988-427; Zirker v. Commissioner, supra; Jaroff v. Commissioner, supra. We thus also conclude that petitioner is liable for the 40-percent accuracy-related penalty under section 6662(h) for 1989, rather than the 20-percent accuracy-related penalty set forth in section 6662(a), unless he meets the section 6664(c) exception for reasonable cause and good faith, in which case no penalty will apply. Petitioner’s posttrial briefs contain no discussion of Massengill, Zirker, or Jaroff, arguing instead that Gainer v. Commissioner, 893 F.2d 225 (9th Cir. 1990), affg. T.C. Memo. 1988-416, and Todd v. Commissioner, 862 F.2d 540 (5th Cir. 1988), affg. 89 T.C. 912 (1987), establish that the accuracy-related penalty under section 6662(h) cannot apply if an asset such as the cattle at issue does not exist. We disagree with petitioner’s argument. The deductions in the two casesPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NextLast modified: November 10, 2007