Anthony J. and Claire L. Pace - Page 27

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          it was raised for the first time in an amendment to answer,                 
          respondent bears the burden of proof.  Rule 142(a); Vecchio v.              
          Commissioner, 103 T.C. 170 (1994).                                          
               The annual rate of interest under section 6621(c) equals 120           
          percent of the interest payable under section 6601 with respect             
          to any substantial underpayment attributable to tax-motivated               
          transactions.  An underpayment is substantial if it exceeds                 
          $1,000.  Sec. 6621(c)(2).                                                   
               The term "tax motivated transaction" includes "any sham or             
          fraudulent transaction."  Sec. 6621(c)(3)(A)(v).  Transactions              
          devoid of economic substance are sham transactions for purposes             
          of section 6621(c)(3)(A)(v).  Friendship Dairies, Inc. v.                   
          Commissioner, 90 T.C. 1054, 1068 (1988); Cherin v. Commissioner,            
          89 T.C. 986, 1000 (1987).  We have found that the Hyannis                   
          transaction was a sham transaction lacking economic substance.              
          Therefore, by definition the Hyannis transaction is tax-motivated           
          under section 6621(c)(3)(A)(v).  Moreover, the term "tax                    
          motivated transaction" includes any section 6659(c) valuation               
          overstatement.  Sec. 6621(c)(3)(A)(i).  In 1981, petitioners                
          claimed a value for the recyclers in excess of 150 percent of the           
          true value of the recyclers.  Therefore, petitioners had a                  
          valuation overstatement as defined in section 6659(c).                      
               For section 6621(c) interest to apply, the underpayment of             
          taxes must be "attributable to" a tax-motivated transaction.                
          Where a valuation overstatement or other category of tax-                   




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