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Respondent determined the deficiencies against petitioners
on the premise that the facts and transactions involved in this
case are essentially the same as those in Barrister Equipment
Associates Series #115 v. Commissioner, supra. Although
petitioner's investment in Series 162 was not exactly the same as
the investments in Series 115, petitioner acknowledged, at trial,
that the facts surrounding, and the transactions involving,
Series 115 and Series 162 were basically the same, and that,
essentially, the partnerships were all "cookie-cutter".
Petitioners presented no evidence to show that petitioner's
investment in this case differed in a material manner from those
in Series 115. Accordingly, the Court finds that the holding in
Barrister Equipment Associates Series #115 v. Commissioner,
supra, is controlling and, therefore, is applicable to this case.
See Simmons v. Union News Co., 341 F.2d 531, 533 (6th Cir. 1965);
see also Leishman v. Radio Condenser Co., 167 F.2d 890 (9th Cir.
1948). The Court, therefore, finds that the transactions
involving Series 162 lacked economic substance. Accordingly,
respondent is sustained as to the deficiencies in tax.
Respondent determined that petitioners are liable for
additions to tax for negligence for the taxable years in issue.
Section 6653(a) for 1980 and section 6653(a)(1) for 1983 and 1984
impose an addition to tax if any portion of an underpayment is
due to negligence or intentional disregard of rules or
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