Stuart A. and Harriet J. Gollin, et al. - Page 73

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               Petitioners argue that in Provizer v. Commissioner, T.C.               
          Memo. 1992-177, we found that the Clearwater transaction lacked             
          economic substance for reasons independent of the valuation                 
          reported in that case.  According to petitioners, the purported             
          value of the recyclers in the Clearwater transaction was                    
          predicated upon a projected stream of royalty income, and this              
          Court merely rejected the taxpayer's valuation method.                      
          Petitioners misread and distort our Provizer opinion.  In the               
          Provizer case, overvaluation of the Sentinel EPE recyclers,                 
          irrespective of the technique employed by the taxpayers in their            
          efforts to justify the overvaluation, was the dominant factor               
          that led us to hold that the Clearwater transaction lacked                  
          economic substance.  Likewise, overvaluation of the Sentinel EPE            
          recyclers in these cases is the ground for our holding herein               
          that the Partnership transactions lacked economic substance.                
               Moreover, a virtually identical argument was recently                  
          rejected in Gilman v. Commissioner, supra, by the Court of                  
          Appeals for the Second Circuit, the court to which appeal in                
          these cases lie.  See Golsen v. Commissioner, 54 T.C. 742, 756-             
          758 (1970), affd. 445 F.2d 985 (1Oth Cir. 1971).  In the Gilman             
          case, the taxpayers engaged in a computer equipment sale and                
          leaseback transaction that this Court held was a sham transaction           
          lacking economic substance.  The taxpayers therein, citing Todd             
          v. Commissioner, supra, and Heasley v. Commissioner, supra,                 






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