William and Joan Spears - Page 61

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          the Partnership transactions lacked economic substance, not                 
          because of any valuation overstatements.  It follows, he reasons,           
          that because the "attributable to" language of section 6659                 
          requires a direct causative relationship between a valuation                
          overstatement and an underpayment in tax, section 6659 cannot               
          apply to the deficiency.  Farrell cites the following cases to              
          support this argument:  Heasley v. Commissioner, 902 F.2d 380               
          (5th Cir. 1990), revg. T.C. Memo. 1988-408; Gainer v.                       
          Commissioner, 893 F.2d 225 (9th Cir. 1990), affg. T.C. Memo.                
          1988-416; McCrary v. Commissioner, supra; Todd v. Commissioner,             
          supra.                                                                      
               This argument rests on the mistaken premise that our holding           
          that the Partnership transactions lacked economic substance was             
          separate and independent from the overvaluation of the Sentinel             
          EPE recyclers.  To the contrary, in holding that the Partnership            
          transactions lacked economic substance, we relied heavily upon              
          the overvaluation of the recyclers.  Overvaluation of the                   
          recyclers was an integral factor in regard to:  (1) The                     
          disallowed tax credits and other benefits in these cases; (2) the           
          underpayments of tax; and (3) our finding that the Partnership              
          transactions lacked economic substance.                                     
               Moreover, a virtually identical argument was rejected in               
          Gilman v. Commissioner, supra, by the Second Circuit Court of               
          Appeals, the court to which appeal in these cases lies.  See                






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