Robert D. and Patricia K. Kaliban, et al. - Page 56

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            separate and independent from alleged valuation overstatements,                           
            the resulting underpayments of tax are not regarded as                                    
            attributable to valuation overstatements.  Krause v.                                      
            Commissioner, 99 T.C. at 178 (citing Todd v. Commissioner,                                
            supra).  However, when valuation is an integral factor in                                 
            disallowing deductions and credits, section 6659 is applicable.                           
            See Illes v. Commissioner, 982 F.2d 163, 167 (6th Cir. 1992),                             
            affg. T.C. Memo. 1991-449; Gilman v. Commissioner, 933 F.2d 143,                          
            151 (2d Cir. 1991) (the section 6659 addition to tax applies if a                         
            finding of lack of economic substance is "due in part" to a                               
            valuation overstatement), affg. T.C. Memo. 1989-684; Masters v.                           
            Commissioner, T.C. Memo. 1994-197, affd. without published                                
            opinion 70 F.3d 1262 (4th Cir. 1995); Harness v. Commissioner,                            
            T.C. Memo. 1991-321.                                                                      
                  Petitioners argue that the disallowance of the claimed tax                          
            benefits was not "attributable to" a valuation overstatement.                             
            According to petitioners, the tax benefits were disallowed                                
            because the Partnership transactions lacked economic substance,                           
            not because of any valuation overstatements.  It follows,                                 
            petitioners reason, that because the "attributable to" language                           
            of section 6659 requires a direct causative relationship between                          
            a valuation overstatement and an underpayment in tax, section                             
            6659 cannot apply to their deficiencies.  Petitioners cite the                            
            following cases to support this argument:  Heasley v.                                     






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