Estate of Romine C. Hogard, Deceased, James C. Elliott, Personal Representative, and Bill F. Stewart, Personal Representative, and Wanda L. Hogard, et al. - Page 18

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          $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 section           
          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.                                                              
               Since our opinion in Provizer v. Commissioner, supra, we               
          have decided numerous Plastics Recycling cases and, with one                
          exception, have found the taxpayers liable for the addition to              
          tax under section 6653(a).  See Friedman v. Commissioner, T.C.              
          Memo. 1996-558, and cases cited therein; see also Henry v.                  
          Commissioner, T.C. Memo. 1997-86; Skyrms v. Commissioner, T.C.              
          Memo. 1997-69.  Set against this background, we consider whether            
          the addition to tax for negligence should be imposed on any                 
          petitioners.                                                                








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