Robert Gottsegen - Page 24

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          financial projections, which mirrored those made for the Sentinel           
          EPE recycler, petitioner contends that he concluded that he could           
          purchase two Sentinel EPS recyclers and reasonably expect to make           
          a profit.                                                                   
          G.   Ultimate Finding of Fact                                               
               At all relevant times, the fair market value of the Sentinel           
          EPE recycler and the Sentinel EPS recycler did not exceed $50,000           
          per machine.                                                                

                                       OPINION                                        
          A.   Background                                                             
               We have decided many Plastics Recycling cases.  The majority           
          of these cases, like the consolidated cases herein, presented               
          issues regarding additions to tax for negligence and valuation              
          overstatement.  See Greene v. Commissioner, T.C. Memo. 1997-296;            
          Kaliban v. Commissioner, T.C. Memo. 1997-271; Sann v.                       
          Commissioner, T.C. Memo. 1997-259 n. 13 (and cases cited                    
          therein).                                                                   
               In Provizer v. Commissioner, T.C. Memo. 1992-177, affd.                
          without published opinion 996 F.2d 1216 (6th Cir. 1993), a test             
          case for the Plastics Recycling group of cases, this Court: (1)             
          Found that each Sentinel EPE recycler had a fair market value not           
          in excess of $50,000; (2) held that the transaction, which was              
          almost identical to the transactions in the present cases, was a            
          sham because it lacked economic substance and a business purpose;           





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