Bruce and Lois Zenkel, et al. - Page 68

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          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).                                 
               Petitioners' reliance on Gainer v. Commissioner, supra, Todd           
          v. Commissioner, 862 F.2d 540 (5th Cir. 1988), and McCrary v.               
          Commissioner, supra, is misplaced.  In those cases, in contrast             
          to the consolidated cases herein, it was found that a valuation             
          overstatement did not contribute to an underpayment of taxes.  In           
          the Todd and Gainer cases, the underpayments were due exclusively           
          to the fact that the property in each case had not been placed in           
          service.  In the McCrary case, the underpayments were deemed to             
          result from a concession that the agreement at issue was a                  
          license and not a lease.  Although property was overvalued in               
          each of those cases, the overvaluations were not the ground on              
          which the taxpayers' liability was sustained.  In contrast, "a              
          different situation exists where a valuation overstatement * * *            
          is an integral part of or is inseparable from the ground found              
          for disallowance of an item."  McCrary v. Commissioner, 92 T.C.             
          at 859.  Each of these consolidated cases presents just such a              
          "different situation":  overvaluation of the recyclers was                  
          integral to and inseparable from petitioners' claimed tax                   









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