Robert H. Avellini - Page 22

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                  For reasons set forth in Fine v. Commissioner, supra, we                              
            hold that the reports and testimony of Grossman and Lindstrom are                           
            relevant and admissible and that Grossman and Lindstrom are                                 
            experts in the fields of plastics, engineering, and technical                               
            information.  We do not, however, accept Grossman or Lindstrom as                           
            experts with respect to the ability of the average person, who                              
            has not had extensive education in science and engineering, to                              
            conduct technical research, and we have limited our consideration                           
            of their reports and testimony to the areas of their expertise.                             
            We also hold that Grossman's report meets the requirements of                               
            Rule 143(f).                                                                                
            Issue 3.  Deductions and Tax Credits With Respect to EI and                                 
            Clearwater                                                                                  
                  The underlying transaction in this case is substantially                              
            identical in all respects to the transaction in Provizer v.                                 
            Commissioner, supra.  The parties have stipulated the facts                                 
            concerning the deficiency essentially as set forth in our                                   
            Provizer opinion.  Based on this record, we hold that the                                   
            Clearwater transaction was a sham and lacked economic substance.                            
            In reaching this conclusion, we rely heavily upon the                                       
            overvaluation of the Sentinel EPE recyclers.  Accordingly,                                  
            respondent is sustained on the issue with respect to the                                    
            underlying deficiency for 1981.  Moreover, we note that                                     
            petitioner has stated his concession of this issue on brief.  The                           
            record plainly supports respondent's determination regardless of                            





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