Bruce and Lois Zenkel, et al. - Page 29

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          underlying transactions in these consolidated cases, and the                
          Sentinel EPE recyclers considered in these cases, are the same              
          type of transaction and same type of machines considered in                 
          Provizer v. Commissioner, supra.                                            
               Based on the entire records in these cases, including the              
          extensive stipulations, testimony of respondent's experts, and              
          petitioners' testimony, we hold that each of the Partnership                
          transactions herein was a sham and lacked economic substance.  In           
          reaching this conclusion, we rely heavily upon the overvaluation            
          of the Sentinel EPE recyclers.  Respondent is sustained on the              
          question of the underlying deficiencies.  We note that                      
          petitioners have explicitly conceded this issue in the respective           
          stipulations of settled issues filed shortly before trial.  The             
          record plainly supports respondent's determination regardless of            
          such concessions.  For a detailed discussion of the facts and the           
          applicable law in a substantially identical case, see Provizer v.           
          Commissioner, supra.                                                        
          A.  Statute of Limitations                                                  
               In their petition, the Davids alleged that the notice of               
          deficiency in docket No. 24512-89 was not issued within the                 
          statutory limitations period.  This issue appears to have been              
          abandoned.  The Stipulation of Settled Issues in docket No.                 
          24512-89 indicates that the only issues remaining for decision in           
          that case are the potential liability of the Davids for additions           






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