Mark Friedman - Page 23

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               In Provizer v. Commissioner, T.C. Memo. 1992-177, a test               
          case for the Plastics Recycling group of cases, this Court (1)              
          found that each Sentinel EPE recycler had a fair market value not           
          in excess of $50,000, (2) held that the Clearwater transaction              
          was a sham because it lacked economic substance and a business              
          purpose, (3) upheld the section 6659 addition to tax for                    
          valuation overstatement since the underpayment of taxes was                 
          directly related to the overstatement of the value of the                   
          Sentinel EPE recyclers, and (4) held that losses and credits                
          claimed with respect to Clearwater were attributable to tax-                
          motivated transactions within the meaning of section 6621(c).  In           
          reaching the conclusion that the transaction lacked economic                
          substance and a business purpose, this Court relied heavily upon            
          the overvaluation of the Sentinel EPE recyclers.                            
               Although petitioners have not agreed to be bound by the                
          Provizer opinion, the Clearwater transaction was considered in              
          Provizer v. Commissioner, supra, and the Alters stipulated that             
          the Poly Reclamation transaction is substantially identical to              
          the Clearwater transaction.  The underlying transactions in these           
          cases, and the Sentinel EPE recyclers purportedly leased by the             
          Partnerships, are the same type of transaction and same type of             
          machines considered in Provizer v. Commissioner, supra.                     









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