Anthony J. and Claire L. Pace - Page 22

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          1991), affg. T.C. Memo. 1989-684; Masters v. Commissioner, T.C.             
          Memo. 1994-197; Harness v. Commissioner, T.C. Memo. 1991-321.               
               In their respective Stipulation of Settled Issues,                     
          petitioners each conceded that they "are not entitled to any                
          deductions, investment credits, business energy investment                  
          credits, or any other tax benefits claimed on their tax returns             
          as a result of their participation in the Plastics Recycling                
          Program."  In Todd v. Commissioner, supra, and McCrary v.                   
          Commissioner, supra, we denied application of section 6659, even            
          though the subject property was overvalued, because the related             
          deductions and credits had been conceded or denied in their                 
          entirety on other grounds.  In Todd, we found that an                       
          underpayment was not attributable to a valuation overstatement              
          because property was not placed in service during the years in              
          issue.  In McCrary, we found the taxpayers were not liable for              
          the section 6659 addition to tax when, prior to the trial of the            
          case, the taxpayers conceded that they were not entitled to the             
          investment tax credit because the agreement in question was a               
          license and not a lease.  In both cases, the underpayment was               
          attributable to something other than a valuation overstatement.             
               A concession of the investment tax credit in and of itself             
          does not relieve taxpayers of liability for the section 6659                
          addition to tax.  See Dybsand v. Commissioner, T.C. Memo. 1994-             
          56; Chiechi v. Commissioner, T.C. Memo. 1993-630.  Instead, what            
          is significant is the ground upon which the investment tax credit           




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