Ira S. Greene and Robin C. Greene - Page 36

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               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 holding of a lack of economic substance.  Petitioners              
          stipulated that the Resource transaction was similar to the                 
          Clearwater transaction described in the Provizer case, and that             
          the fair market value of a Sentinel EPE recycler in 1981 was not            
          in excess of $50,000.  Given those concessions, and the fact that           
          the record here plainly shows that the overvaluation of the                 
          recyclers was the only reason for the disallowance of the claimed           
          tax benefits, we conclude that respondent has satisfied the                 
          burden of showing that the deficiency was attributable to                   
          overvaluation of the Sentinel EPE recyclers.                                
               2.  Section 6659(e)                                                    
               Petitioners alternatively argue that respondent erroneously            
          failed to waive the section 6659 addition to tax.  Section                  
          6659(e) authorizes the Commissioner to waive all or part of the             
          addition to tax for valuation overstatement if taxpayers                    
          establish that there was a reasonable basis for the adjusted                
          bases or valuations claimed on the returns and that such claims             
          were made in good faith.  Respondent's refusal to waive a section           
          6659 addition to tax is reviewable by this Court for abuse of               
          discretion.  Krause v. Commissioner, 99 T.C. at 179.  Abuse of              
          discretion has been found in situations where the Commissioner's            




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