Peter and Ursula Reimann, et al. - Page 45

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          tax because the underpayment of taxes was directly related to the           
          overvaluation of the Sentinel EPE recyclers.  The overvaluation             
          of the recyclers, exceeding 2325 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.                 
               Consistent with our findings in Provizer, petitioners                  
          respectively stipulated that the Scarborough and Plymouth                   
          transactions had no net equity value, that the sole activity of             
          the Scarborough and Plymouth partnerships lacked any potential              
          for profit, and that the Scarborough and Plymouth partnership               
          transactions therefore lacked economic substance.  When a                   
          transaction lacks economic substance, section 6659 will apply               
          because the correct basis is zero and any basis claimed in excess           
          of that is a valuation overstatement.  Gilman v. Commissioner,              
          supra; Rybak v. Commissioner, 91 T.C. 524, 566-567 (1988); Zirker           
          v. Commissioner, 87 T.C. 970, 978-979 (1986); Donahue v.                    
          Commissioner, T.C. Memo. 1991-181, affd. without published                  
          opinion 959 F.2d 234 (6th Cir. 1992), affd. sub nom. Pasternak v.           
          Commissioner, 990 F.2d 893 (6th Cir. 1993).                                 
               We held in Provizer v. Commissioner, supra, that each                  
          Sentinel EPE recycler had a fair market value not in excess of              
          $50,000.  Our finding in the Provizer case that the Sentinel EPE            
          recyclers had been overvalued was integral to and inseparable               



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