Thomas E. and Joan A. Bennett - Page 13

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               In Provizer v. Commissioner, T.C. Memo. 1992-177, a test               
          case involving the Clearwater transaction, this Court (1) found             
          that each Sentinel EPE recycler had a fair market value not in              
          excess of $50,000, (2) held that the Clearwater transaction was a           
          sham because it lacked economic substance and a business purpose,           
          (3) upheld the section 6659 addition to tax for valuation                   
          overstatement since the underpayment of taxes was directly                  
          related to the overstatement of the value of the Sentinel EPE               
          recyclers, and (4) held that losses and credits claimed with                
          respect to Clearwater were attributable to tax-motivated                    
          transactions within the meaning of section 6621(c).  In reaching            
          the conclusion that the Clearwater transaction lacked economic              
          substance and a business purpose, this Court relied heavily upon            
          the overvaluation of the Sentinel EPE recyclers.                            
               Although petitioners have not agreed to be bound by the                
          Provizer opinion, they have stipulated that their investment in             
          the Sentinel EPE recyclers was similar to the investment                    
          described in Provizer v. Commissioner, supra.  The underlying               
          transaction in these cases (the Empire transaction) is in all               
          material respects identical to the transaction considered in the            
          Provizer case.  The Sentinel EPE recyclers considered in these              
          cases are the same type of machines considered in the Provizer              
          case.                                                                       
               Based on the entire records in these cases, including the              
          extensive stipulations, testimony of respondent's experts, and              




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