- 71 - his liability after adjusting for any overvaluation. [Id. at 228.] The Court stated that "no * * * [overvaluation] penalty * * * [may be imposed] when there is some other ground for disallowing the entire portion of a deduction that otherwise might be disallowed for overvaluation." Id.; see also Scoville v. Commissioner, 108 F.3d 1386 (9th Cir. 1997), affg. in part and revg. in part without published opinion T.C. Memo. 1995-376; Todd v. Commissioner, 862 F.2d 540, 543 (5th Cir. 1988), affg. 89 T.C. 912 (1987). We have denied petitioners' charitable contribution deductions, in their entirety, on the ground that petitioners received a commensurate quid pro quo. Therefore, under Gainer, because there is a separate, independent ground for disallowing those deductions, the overvaluation penalty may not be imposed against petitioners. See also 885 Inv. Co. v. Commissioner, 95 T.C. 156, 163 (1990).43 C. Conclusion Petitioners are not liable for either a 40-percent or 20- percent addition to tax under section 6662. 43In light of our conclusion that the overvaluation penalty may not be imposed, we need not address whether petitioners had "reasonable cause" with the meaning of sec. 6664(c).Page: Previous 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 NextLast modified: March 27, 2008