- 12 - this Court relied heavily upon the overvaluation of the Sentinel EPE recyclers. The underlying transaction in these cases (the Hyannis 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 petitioners' testimony, we hold that the Hyannis transaction was a sham and lacked economic substance. In reaching this conclusion, we rely heavily upon the overvaluation of the Sentinel EPE recyclers. Respondent is sustained on the question of the underlying deficiencies. We note that petitioners have explicitly conceded this issue in their respective Stipulations of Settled Issues filed shortly before trial. The record plainly supports respondent's determinations regardless of such concessions. For a detailed discussion of the facts and the applicable law in a substantially identical case, see Provizer v. Commissioner, supra. Issue 1. Sec. 6653(a) Negligence In a notice of deficiency, respondent determined that petitioners Berry were liable for the negligence additions to tax under section 6653(a)(1) and (2) for 1981. Petitioners have thePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011