Leon M. and Mary K. Jaroff - Page 23

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          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, they have stipulated that the investments in              
          the Sentinel EPE recyclers in these consolidated 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 consolidated             
          cases, are the same type of transaction and same type of machines           
          considered in Provizer v. Commissioner, supra.                              
               Based on the entire record in these consolidated cases,                
          including the extensive stipulations, testimony of respondent's             
          experts, and petitioner's 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            
          stipulations of settled issues filed shortly before trial.  The             
          record plainly supports respondent's determinations regardless of           
          such concession.  For a detailed discussion of the facts and the            
          applicable law in a substantially identical case, see Provizer v.           
          Commissioner, supra.                                                        




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