Leon M. and Mary K. Jaroff - Page 64

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          transactions as we found in Provizer v. Commissioner, T.C. Memo.            
          1992-177.  In 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, 92 T.C.              
          827 (1989), is misplaced.  In that case, the taxpayers conceded             
          disentitlement to their claimed tax benefits, and the section               
          6659 additions to tax were held inapplicable.  However, the                 
          concessions of the claimed tax benefits, in and of themselves,              
          did not preclude imposition of the section 6659 additions 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 recyclers.  We           
          hold that petitioners' reliance on McCrary v. Commissioner,                 








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