Joe E. Henry and Carolyn J.Henry - Page 13

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               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 the           




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