- 44 - 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 notPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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