- 13 - In Provizer, a test case for the Plastics Recycling group of cases, this Court found that each Sentinel EPE recycler had a fair market value not in excess of $50,000; (2) held that the transaction, which is almost identical to the transactions in this case, was a sham because it lacked economic substance and a business purpose; (3) upheld the sections 6653(a)(1) and (2) additions to tax for negligence; (4) upheld the section 6659 addition to tax for valuation overstatement since the underpayment of taxes was directly related to the overstatement of the value of the Sentinel EPE recyclers; and (5) held that losses and credits claimed with respect to Clearwater were attributable to tax-motivated transactions within the meaning of section 6621(c). In reaching the conclusion that the transaction lacked economic substance and a business purpose, this Court relied heavily upon the overvaluation of the Sentinel EPE recyclers. The value of the Sentinel recyclers was misrepresented in Sunbelt's promotional materials. Petitioners never took any legal action against anyone connected with Sunbelt or PI. Petitioners never took any legal action against Storey in connection with the recommendations or advice he provided to them regarding Sunbelt. Discussion Section 6653(a) for 1979 and 1980 and section 6653(a)(1) for 1981 and 1982 impose an addition to tax equal to 5 percent of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011