Anthony J. and Claire L. Pace - Page 23

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          is disallowed or conceded.  See Irom v. Commissioner, 866 F.2d              
          545, 547 (2d Cir. 1989), vacating in part and remanding T.C.                
          Memo. 1988-211; Harness v. Commissioner, supra.                             
               In petitioners' cases, no arguments were made and no                   
          evidence was presented to the Court to prove that disallowance              
          and concession of the investment tax credits related to anything            
          other than valuation overstatements.  To the contrary,                      
          petitioners stipulated substantially the same facts concerning              
          the underlying transactions as we found in Provizer v.                      
          Commissioner, supra.  In the Provizer case, we held that the                
          taxpayers were liable for the section 6659 addition to tax                  
          because the underpayment of taxes was directly related to the               
          overvaluation of the Sentinel EPE recyclers.  The overvaluation             
          of the recyclers, exceeding 2325 percent, was an integral part of           
          our findings in Provizer that the transaction was a sham and                
          lacked economic substance.  Similarly, the records in these cases           
          plainly show that the overvaluation of the recyclers is integral            
          to and is the core of our holding that the underlying transaction           
          in these cases was a sham and lacked economic substance.  When a            
          transaction lacks economic substance, section 6659 will apply               
          because the correct basis is zero and any basis claimed in excess           
          of that is a valuation overstatement.  Gilman v. Commissioner,              
          supra; Rybak v. Commissioner, 91 T.C. 524, 566-567 (1988); Zirker           
          v. Commissioner, 87 T.C. 970, 978-979 (1986); Donahue v.                    
          Commissioner, T.C. Memo. 1991-181, affd. without published                  




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