Jeffrey I. and Roberta H. Stone - Page 40

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          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               
          from our finding of a lack of economic substance.  Petitioners              
          conceded that the Northeast and Hyannis transactions were similar           
          to the Clearwater transaction described in Provizer v.                      
          Commissioner, supra, and that the Northeast and Hyannis                     
          transactions lacked economic substance.  Given those concessions,           
          and the fact that the records here plainly show that the                    
          overvaluation of the recyclers was the reason for the                       
          disallowance of the tax benefits, and the fact that no argument             
          was made and no evidence was presented to the Court to prove that           
          disallowance and concession of the tax benefits related to                  
          anything other than a valuation overstatement, we conclude that             
          the deficiencies caused by the disallowance of the claimed tax              
          benefits were attributable to the overvaluation of the Sentinel             
          EPE recyclers.                                                              
               Finally, we consider petitioners' express arguments as to              
          waiver of the addition to tax under section 6659.  On brief,                




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