Estate of Ronald Busch, Deceased, Rochelle Busch, Executrix and Rochelle Busch, et al. - Page 55

                                       - 55 -                                         
          from our finding of a lack of economic substance.  Snyder                   
          conceded that the Partnership transactions were similar to the              
          Clearwater transaction described in Provizer v. Commissioner,               
          supra, and we have found that the Partnership transactions lacked           
          economic substance.  Given his concession, and our finding of a             
          lack of economic substance, 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, we conclude that           
          the deficiencies caused by the disallowance of the claimed tax              
          benefits were attributable to the overvaluation of the Sentinel             
          EPE recyclers.                                                              
               2.  Section 6659(e)                                                    
               Snyder also contests the imposition of the section 6659                
          addition to tax on the ground 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 overstatement if taxpayers establish that there was a             
          reasonable basis for the adjusted bases or valuations claimed on            
          the returns and that such claims were made in good faith.                   
          Respondent's refusal to waive a section 6659 addition to tax is             
          reviewable by this Court for abuse of discretion.  Krause v.                
          Commissioner, 99 T.C. at 179.                                               
               Snyder urges that he relied on the offering memoranda,                 
          Becker, and Miller in deciding on the valuation claimed on his              






Page:  Previous  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  Next

Last modified: May 25, 2011