Marvin W. and Kathryn A. McPike - Page 19

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          6621(c)(3)(A)(v).  The statutory language encompasses                       
          transactions which lack a profit objective and which are without            
          economic substance.  Cherin v. Commissioner, 89 T.C. 986, 1000              
          (1987).                                                                     
               This Court has previously held that the container leasing              
          program promoted by GD&L lacked economic substance and was a                
          factual sham.  See Cleland v. Commissioner, T.C. Memo. 1993-589;            
          Shortal v. Commissioner, T.C. Memo. 1992-560; Weiler v.                     
          Commissioner, T.C. Memo. 1990-562.  Petitioners introduced no               
          evidence that the container leasing program was not an economic             
          sham.  Accordingly, the increased rate of interest applies to the           
          underpayment attributable to all deductions and credits taken               
          with respect to the container program.                                      
               We have considered all arguments made by the petitioners               
          and, to the extent not addressed herein, have found them to be              
          without merit.                                                              
               In order to reflect our disposition of the disputed issues,            
          as well as the parties' concessions and stipulations,                       

                                                  Decision will be entered            
                                             under Rule 155.                          












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