Mark Friedman - Page 67

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          the Provizer case, we held that the taxpayers were liable for the           
          section 6659 addition to tax because the underpayment of taxes              
          was directly related to the overvaluation of the Sentinel EPE               
          recyclers.  The overvaluation of the recyclers, exceeding 2,325             
          percent, was an integral part of our findings in Provizer that              
          the transaction was a sham and lacked economic substance.                   
          Similarly, the records in these cases plainly show that the                 
          overvaluation of the recyclers is integral to and is the core of            
          our holding that the underlying transactions here were shams and            
          lacked economic substance.                                                  
               Petitioners' reliance on McCrary v. Commissioner, supra, is            
          misplaced.  In that case, the taxpayers conceded disentitlement             
          to their claimed tax benefits, and the section 6659 addition to             
          tax was held inapplicable.  However, the taxpayers' concession of           
          the claimed tax benefits, in and of itself, did not preclude                
          imposition of the section 6659 addition to tax.  In McCrary v.              
          Commissioner, supra, the section 6659 addition to tax was                   
          disallowed because the agreement at issue was conceded to be a              
          license and not a lease.  In contrast, the records in                       
          petitioners' cases plainly show that petitioners' underpayments             
          were attributable to overvaluation of the Sentinel EPE recyclers.           











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