- 10 - asked some New York City attorneys about the New York law firm that prepared the draft opinion letter and was satisfied with its reputation. The preface to the offering memorandum contained the following emphasized admonition: THIS MEMORANDUM AND ATTACHED APPENDICES IS AN INTEGRAL DOCUMENT AND MUST BE READ IN ITS ENTIRETY. Petitioner had no education or work experience in plastics recycling or plastics materials. Petitioner did not conduct any independent research as to the value of the Sentinel EPE recyclers. Petitioner did not contact either Mr. Ulanoff or Mr. Burstein regarding their evaluation of the recyclers, and did not contact any other expert on plastics or engineering. OPINION 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 economicPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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