David C. Wilson - Page 15

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          testimony and reports are identical to the arguments made in the            
          Fine case.  For discussions of the reports and testimony, see               
          Fine v. Commissioner, supra, and Provizer v. Commissioner, supra.           
          For a discussion of the testimony and petitioners' arguments                
          concerning the admissibility of the testimony and reports, see              
          Fine.                                                                       
               For reasons set forth in Fine v. Commissioner, supra, we               
          hold that the reports and testimony of Grossman and Lindstrom are           
          relevant and admissible, and that Grossman and Lindstrom are                
          experts in the fields of plastics, engineering, and technical               
          information.  We do not, however, accept Grossman and Lindstrom             
          as experts with respect to the ability of the average person, who           
          has not had extensive education in science and engineering, to              
          conduct technical research, and we have limited our consideration           
          of their reports and testimony to the areas of their expertise.             
          We also hold that Grossman's report meets the requirements of               
          Rule 143(f).                                                                
          Issue 2.  Deductions and Tax Credits With Respect to EI and                 
          Clearwater                                                                  
               The underlying transaction in these cases is substantially             
          identical in all respects to the transaction in Provizer v.                 
          Commissioner, supra.  The parties have stipulated the facts                 
          concerning the deficiencies essentially as set forth in our                 
          Provizer opinion.  Based on these records, we hold that the                 
          Clearwater transaction was a sham and lacked economic substance.            





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