Peter and Ursula Reimann, et al. - Page 44

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          investment tax credit because the agreement in question was a               
          license and not a lease.  In both cases the underpayment was                
          deemed attributable to something other than a valuation                     
          overstatement.                                                              
               This Court has held that concession of the investment tax              
          credit in and of itself does not relieve taxpayers of liability             
          for the section 6659 addition to tax.  Dybsand v. Commissioner,             
          T.C. Memo. 1994-56; Chiechi v. Commissioner, T.C. Memo. 1993-630.           
          Instead, what is significant is the ground upon which the                   
          investment tax credit is disallowed or conceded.  Chiechi v.                
          Commissioner, supra.  Even in situations in which there are                 
          arguably two grounds to support a deficiency and one supports a             
          section 6659 addition to tax and the other does not, the taxpayer           
          may still be liable for the addition to tax.  Gainer v.                     
          Commissioner, 893 F.2d 225, 228 (9th Cir. 1990), affg. T.C. Memo.           
          1988-416; Irom v. Commissioner, 866 F.2d 545, 547 (2d Cir. 1989),           
          vacating in part and remanding T.C. Memo. 1988-211; Harness v.              
          Commissioner, supra.                                                        
               No argument was made and no evidence was presented to the              
          Court in the present cases to prove that disallowance and                   
          concession of the investment tax credits related to anything                
          other than a valuation overstatement.  To the contrary,                     
          petitioners stipulated substantially the same facts concerning              
          the underlying 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             



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