Allan J. and Brenda Becker - Page 21

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          the overvaluation of the Sentinel EPE recyclers.                            
               Although petitioners have not agreed to be bound by the                
          Provizer opinion, they have stipulated that petitioner Allan J.             
          Becker's investments in the Sentinel EPE recyclers in this case             
          are similar to the investment described in Provizer v.                      
          Commissioner, supra.  The underlying transactions in this case,             
          and the Sentinel EPE recyclers considered in this case, are the             
          same type of transaction and same type of machines considered in            
          Provizer v. Commissioner, supra.                                            
               Based on the entire record in this case, including the                 
          extensive stipulations, testimony of respondent's experts, and              
          petitioner Allan J. Becker's testimony, we hold that each of the            
          Partnership transactions herein was a sham and lacked economic              
          substance.  In reaching this conclusion, we rely heavily upon the           
          overvaluation of the Sentinel EPE recyclers.  Respondent is                 
          sustained on the question of the underlying deficiencies.  We               
          note that petitioners have explicitly conceded this issue in the            
          first stipulation of facts and the stipulation of settled issues            
          filed shortly before trial.  The record plainly supports                    
          respondent's determinations regardless of such concession.  For a           
          detailed discussion of the facts and the applicable law in a                
          substantially identical case, see Provizer v. Commissioner,                 
          supra.                                                                      
          A. Statute of Limitations                                                   
               In their petition, petitioners alleged that each of the                




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