Robert D. and Patricia K. Kaliban, et al. - Page 59

                                               - 59 -                                                 
            Id. at 151 (quoting Massengill v. Commissioner, 876 F.2d 616,                             
            619-620 (8th Cir. 1989), affg. T.C. Memo. 1988-427); see also                             
            Rybak v. Commissioner, 91 T.C. at 566-567; Zirker v.                                      
            Commissioner, 87 T.C. 970, 978-979 (1986); Donahue v.                                     
            Commissioner, T.C. Memo. 1991-181, affd. without published                                
            opinion 959 F.2d 234 (6th Cir. 1992), affd. sub nom. Pasternak v.                         
            Commissioner, 990 F.2d 893 (6th Cir. 1993).                                               
                  Petitioners' reliance on Gainer v. Commissioner, supra, Todd                        
            v. Commissioner, supra, and McCrary v. Commissioner, 92 T.C. at                           
            827, is misplaced.  In those cases, in contrast to the                                    
            consolidated cases herein, it was found that a valuation                                  
            overstatement did not contribute to an underpayment of taxes.  In                         
            the Todd and Gainer cases, the underpayments were due exclusively                         
            to the fact that the property in each case had not been placed in                         
            service.  In the McCrary case, the underpayments were deemed to                           
            result from a concession that the agreement at issue was a                                
            license and not a lease.  Although property was overvalued in                             
            each of those cases, the overvaluations were not the grounds on                           
            which the taxpayers' liability was sustained.  In contrast, "a                            
            different situation exists where a valuation overstatement * * *                          
            is an integral part of or is inseparable from the ground found                            
            for disallowance of an item."  McCrary v. Commissioner, supra at                          
            859.  Petitioners' cases present just such a "different                                   
            situation":  overvaluation of the recyclers was integral to and                           






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