Estate of Ronald Busch, Deceased, Rochelle Busch, Executrix and Rochelle Busch, et al. - Page 52

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          valuation overstatements.  Krause v. Commissioner, 99 T.C. 132,             
          178 (1992) (citing Todd v. Commissioner, supra), affd. sub nom.             
          Hildebrand v. Commissioner, 28 F.3d 1024 (10th Cir. 1994).                  
          However, when valuation is an integral factor in disallowing                
          deductions and credits, section 6659 is applicable.  See Illes v.           
          Commissioner, 982 F.2d 163, 167 (6th Cir. 1992), affg. T.C. Memo.           
          1991-449; Gilman v. Commissioner, 933 F.2d 143, 151 (2d Cir.                
          1991) (section 6659 addition to tax applies if a finding of lack            
          of economic substance is "due in part" to a valuation                       
          overstatement), affg. T.C. Memo. 1989-684; Masters v.                       
          Commissioner, T.C. Memo. 1994-197, affd. without published                  
          opinion 70 F.3d 1262 (4th Cir. 1995); Harness v. Commissioner,              
          T.C. Memo. 1991-321.                                                        
               In the stipulation of settled issues, Snyder concedes that             
          he is not entitled to any deductions, losses, investment credits,           
          business energy investment credits, or any other tax benefits               
          claimed on his tax returns as a result of his being a partner in            
          SAB Recovery and SAB Reclamation.  In Todd v. Commissioner,                 
          supra, and McCrary v. Commissioner, supra, we denied application            
          of section 6659, even though the subject property was overvalued,           
          because the related deductions and credits had been conceded or             
          denied in their entirety on other grounds.  In Todd, we found               
          that an underpayment was not attributable to a valuation                    
          overstatement because the subject property was not placed in                






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