PATRICK E. HIGGINBOTHAM, Circuit Judge:
Taxpayers Richard and Denese Todd appealed deficiencies and penalties assessed by the Commissioner of Internal Revenue. The Tax Court denied the taxpayers' claimed depreciation deductions and investment tax credits. In a later opinion, the Tax Court refused to impose the Commissioner's requested penalties under Internal Revenue Code § 6659 for tax underpayments attributable to valuation overstatements. The Commissioner...
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