Allan J. and Brenda Becker - Page 44

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          1982, failure to establish the fair market value of the recycling           
          equipment is cited as a reason for disallowing petitioner's                 
          claimed tax benefits.  Also, the respective explanations for the            
          section 6659 additions to tax make clear that the deficiencies              
          were attributable to valuation overstatements.  The notice of               
          deficiency for 1981 states that "The entire underpayment of your            
          income tax for * * * 1981 is attributable to a valuation                    
          overstatement in excess of 250 percent under section 6659".                 
          Similarly, the notice of deficiency for 1982 states that "Since             
          the underpayment of tax is attributable to a valuation                      
          overstatement, you are liable for a penalty under section 6659".            
          In Provizer v. Commissioner, T.C. Memo. 1992-177, overvaluation             
          of the Sentinel EPE recyclers was the dominant factor that led us           
          to hold that the Clearwater transaction lacked economic                     
          substance.  Consistent therewith, in holding here that the                  
          Partnership transactions lacked economic substance, we rely                 
          heavily upon the overvaluation of the recyclers.  Overvaluation             
          of the recyclers was an integral factor in regard to:  (1) The              
          disallowed tax credits and other benefits in this case; (2) the             
          underpayments of tax; and (3) our holding that the Partnership              
          transactions lacked economic substance.                                     
               Petitioner's reliance on Gainer v. Commissioner, supra, and            
          Todd v. Commissioner, supra, is misplaced.  See also McCrary v.             
          Commissioner, supra.  In those cases, in contrast to the present            
          case, it was found that a valuation overstatement did not                   




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