Barry B. Bealor and Nancy L. Bealor, et al. - Page 64

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          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 to             






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