Mark Friedman - Page 66

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          Partnership transactions lacked economic substance.  Regardless             
          of petitioners' concessions, in these cases the underpayments of            
          tax were attributable to the valuation overstatements.                      
               Moreover, concession of the investment tax credit in and of            
          itself does not relieve taxpayers of liability for the section              
          6659 addition to tax.  See Dybsand v. Commissioner, T.C. Memo.              
          1994-56; Chiechi v. Commissioner, T.C. Memo. 1993-630.  Instead,            
          the ground upon which the investment tax credit is disallowed or            
          conceded is significant.  Dybsand v. Commissioner, supra.  Even             
          in situations in which there are arguably two grounds to support            
          a deficiency and one supports a section 6659 addition to tax and            
          the other does not, the taxpayer may still be liable for the                
          addition to tax.  Gainer v. Commissioner, 893 F.2d at 228; Irom             
          v. Commissioner, 866 F.2d 545, 547 (2d Cir. 1989), vacating in              
          part T.C. Memo. 1988-211; Harness v. Commissioner, T.C. Memo.               
          1991-321.                                                                   
               In the present cases, no argument was made and no evidence             
          was presented to the Court to prove that disallowance and                   
          concession of the claimed investment tax credits and other tax              
          benefits related to anything other than a valuation                         
          overstatement.  To the contrary, petitioners each stipulated                
          substantially the same facts concerning the Partnership                     
          transactions as we found in Provizer v. Commissioner, supra.  In            







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