Anthony J. and Claire L. Pace - Page 11

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          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,               




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