- 149 - several such requests in these consolidated proceedings; these requests show that Fred and Bruce understand the procedures for protecting the interests of their clients. Followed to its logical end, petitioners' quasi-estoppel argument would yield absurd results. Petitioners' argument, simply put, is that because they did not protect their interests for some of the partnerships' later years, respondent has the responsibility to do so for them under the "doctrine of consistency". Therefore, petitioners' own failure to file requests for administrative adjustments would estop respondent from defending asserted deficiencies or adjustments for the years properly before the Court. Petitioners have offered no authority to support an argument so bizarre, and we decline to accept it. Nevertheless, it is clear that the partnerships' requested administrative adjustments for some of the income-reporting years should be granted, as respondent has conceded. If the transactions are shams for purposes of tax deductions, they are shams for purposes of reporting taxable income. Sheldon v. Commissioner, 94 T.C. at 753. "If a transaction is devoid of economic substance * * * it simply is not recognized for federal taxation purposes, for better or for worse." Lerman v. Commissioner, 939 F.2d at 45. Respondent has conceded that, if we determine the partnerships are shams that are not entitled to deduct losses for their prior years, it would be appropriate toPage: Previous 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 Next
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