Jeffrey I. and Roberta H. Stone - Page 39

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               In the present cases, no argument was made and no evidence             
          was presented to the Court 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             
          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 Northeast and Hyannis                      
          transactions had no net equity value, that the sole activity of             
          the Northeast and Hyannis partnerships lacked any potential for             
          profit, and that the Northeast and Hyannis 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.                     




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