Thomas E. and Joan A. Bennett - Page 36

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               We held in Provizer v. Commissioner, supra, that each                  
          Sentinel EPE recycler had a fair market value not in excess of              
          $50,000.  Our finding in the Provizer case that the Sentinel EPE            
          recyclers had been overvalued was integral to and inseparable               
          from our finding of a lack of economic substance.  Petitioners              
          conceded that the Empire transaction was similar to the                     
          Clearwater transaction described in Provizer v. Commissioner,               
          supra, and that the Empire transaction lacked economic substance.           
          Given those concessions, and the fact that the records here                 
          plainly show that the overvaluation of the recyclers was the                
          reason for the disallowance of the tax benefits, and the fact               
          that no argument was made and no evidence was presented to the              
          Court to prove that disallowance and concession of the tax                  
          benefits related to anything other than a valuation                         
          overstatement, we conclude that the deficiencies caused by the              
          disallowance of the claimed tax benefits were attributable to the           
          overvaluation of the Sentinel EPE recyclers.                                
               Finally, we consider petitioners' express argument as to               
          waiver of the penalty.  On brief, petitioners each contested                
          imposition of the section 6659 addition to tax on the grounds               
          that respondent erroneously failed to waive the addition to tax.            
          Section 6659(e) authorizes respondent to waive all or part of the           
          addition to tax for valuation overstatements if taxpayers                   
          establish that there was a reasonable basis for the adjusted                
          bases or valuations claimed on the returns and that such claims             




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