- 39 - be ignored with reasonable safety in undertaking a serious business transaction”); see also Estate of Clopton v. Commissioner, 93 T.C. 275, 285-286 (1989); Briggs v. Commissioner, 72 T.C. 646, 656-657 (1979), affd. without published opinion 665 F.2d 1051 (9th Cir. 1981). We find that Stonehurst, like the partnerships at issue in Osterhout v. Commissioner, T.C. Memo. 1993-251, was a sham transaction entered into for tax benefits without any objective possibility of producing an economic profit independent of the contemplated tax benefits that should not be given effect for Federal income tax purposes. Frank Lyon Co. v. United States, 435 U.S. at 573; Ferrell v. Commissioner, 90 T.C. at 1199. We find that the minimum annual royalty and the intangible drilling costs accrued by Stonehurst in 1979 and claimed by Mr. Heitzman on the 1979 joint return to be completely without basis in fact or law, sec. 6013(e)(2)(B), Belk v. Commissioner, 93 T.C. at 442; Bouskos v. Commissioner, T.C. Memo. 1987-574 citing Douglas v. Commissioner, 86 T.C. at 762-763, and therefore grossly erroneous for purposes of section 6013(e)(1)(B).16 16 Because we held in Heitzman v. Commissioner, T.C. Memo. 1987-109, affd. 859 F.2d 783 (9th Cir. 1988), that neither the minimum annual royalty nor the intangible drilling costs could have been claimed as deductions in 1979, as a matter of law, we also find them to be grossly erroneous as being without basis in law. Reser v. Commissioner, 112 F.3d 1258, 1265 (5th Cir. 1997), affg. in part and revg. in part T.C. Memo. 1995-572.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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