Arlene Nussdorf, et al. - Page 9




                                        - 9 -                                         
                    income tax, (2) gross valuation misstatement(s),                  
                    or (3) negligence or disregarded rules or regula-                 
                    tions.  There has not been a showing by the part-                 
                    nership or any of its partners that there was a                   
                    reasonable cause for any of the resulting under-                  
                    payments, that the partnership or any of its part-                
                    ners acted in good faith, or that any other excep-                
                    tions to the penalty apply.  It is therefore de-                  
                    termined that, at a minimum, the accuracy-related                 
                    penalty under Section 6662(a) of the Internal                     
                    Revenue Code applies to all underpayments of tax                  
                    attributable to adjustments of partnership items                  
                    of Evergreen Trading, LLC.  The penalty shall be                  
                    imposed on the components of underpayment as fol-                 
                    lows:                                                             
                    A.     a 40 percent penalty shall be imposed on                   
                           the portion of any underpayment attribut-                  
                           able to the gross valuation misstatement as                
                           provided by Sections 6662(a), 6662(b)(3),                  
                           6662(e), and 6662(h) of the Internal Reve-                 
                           nue Code.                                                  
                    B.     a 20 percent penalty shall be imposed on                   
                           the portion of the underpayment attribut-                  
                           able to negligence or disregard of rules                   
                           and regulations as provided by Sections                    
                           6662(a), 6662(b)(1), 6662(c) of the Inter-                 
                           nal Revenue Code.                                          
                    C.     a 20 percent penalty shall be imposed on                   
                           the underpayment attributable to the sub-                  
                           stantial understatement of income tax as                   
                           provided by sections 6662(a), 6662(b)(2),                  
                           and 6662(d) of the Internal Revenue Code.                  
                    D.     a 20 percent penalty shall be imposed on                   
                           the underpayment attributable to the sub-                  
                           stantial valuation misstatement as provided                
                           by Sections 6662(a), 6662(b)(3), and                       
                           6662(e) of the Internal Revenue Code.                      
                           [Reproduced literally.]                                    
               On September 26, 2005, respondent issued respective notices            
          of deficiency to petitioners in these cases for the taxable years           
          1999 and 2000.  In those respective notices, respondent made the            






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