Anthony J. and Claire L. Pace - Page 12

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          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 the            






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