- 11 - Greenstein visited the plant and reported to petitioners Pace that Hyannis was a legitimate business. Greenstein recommended the investment for its front-end tax benefits and potential residual values. At that time, petitioners Pace decided to go ahead with the investment. Petitioners Pace have no education or work experience in plastics recycling or plastics materials. Petitioners Pace were aware of Greenstein's background and knew that he was not an expert in plastics recycling or plastics materials. There is nothing in the record indicating that petitioners Pace ever saw a Sentinel EPE recycler or visited any end-user locations. OPINION In Provizer v. Commissioner, T.C. Memo. 1992-177, a test case involving the Clearwater transaction and another tier partnership, 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,Page: 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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