- 21 - We find neither argument persuasive. Petitioners have failed to offer sufficient evidence to establish that the coal property’s fair market value had so greatly appreciated to an amount which would justify ERL’s agreement to pay $200 million in minimum royalties during the initial 20-year period of its lease. Rose v. Commissioner, supra at 412-419. A grossly inflated price is a hallmark of a sham transaction. Sacks v. Commissioner, 69 F.3d 982 (9th Cir. 1995), revg. T.C. Memo. 1992-596. Additionally, the record establishes that McIntyre acted without adequate information regarding the coal property when he executed ERL’s lease with JAD. Although McIntyre commissioned a firm to prepare the Coal Reserve Report contained in the offering materials, the report is inherently flawed as the leased property constitutes only a portion of the property covered by the report. Furthermore, McIntyre’s actions and representations conflict with the substance of the Coal Reserve Report. That is, despite the Coal Reserve Report’s conclusion that the property subject to its scope could realistically be expected to produce 1 million tons of raw coal annually, McIntyre represented in the offering materials that the coal property would yield annually 2 million tons of marketable coal. Moreover, the author of the report cautioned McIntyre that the report was based upon insufficient data and an additional in-depth study was necessary in order to render a determination of probable profitability. No additional study was engaged. See Rose v. Commissioner, 88 T.C. at 415.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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