Philippe and Nadine Grelsamer - Page 26

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          the Sentinel EPE recyclers in these cases are similar to the                
          investment described in Provizer v. Commissioner, supra.  The               
          underlying transactions in these consolidated cases, and the                
          Sentinel EPE recyclers considered in these cases, are the same              
          type of transaction and same type of machines considered in                 
          Provizer v. Commissioner, supra.                                            
               Based on the entire records in these cases, including the              
          extensive stipulations, testimony of respondent's experts, and              
          petitioners' testimony, we hold that each of the Partnership                
          transactions herein was a sham and lacked economic substance.  In           
          reaching this conclusion, we rely heavily upon the overvaluation            
          of the Sentinel EPE recyclers.  Respondent is sustained on the              
          question of the underlying deficiencies.  We note that                      
          petitioners have explicitly conceded this issue in the respective           
          stipulations of settled issues filed shortly before trial.  The             
          record plainly supports respondent's determination regardless of            
          such concessions.  For a detailed discussion of the facts and the           
          applicable law in a substantially identical case, see Provizer v.           
          Commissioner, supra.                                                        
          A.  Section 6653(a)--Negligence                                             
               Respondent determined that petitioners are liable for                  
          additions to tax for negligence under the provisions of section             
          6653(a).  Petitioners have the burden of proving that                       








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