Robert D. and Patricia K. Kaliban, et al. - Page 61

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                  Petitioners' open-ended concessions do not obviate our                              
           finding that the Partnership transactions lacked economic                                  
           substance due to overvaluation of the recyclers.  This is not a                            
           situation where we have "to decide difficult valuation questions                           
           for no reason other than the application of penalties."  See                               
           McCrary v. Commissioner, supra at 854 n.14.  The value of the                              
           Sentinel EPE recycler was established in Provizer v.                                       
           Commissioner, T.C. Memo. 1992-177, and stipulated by the parties.                          
           As a consequence of the inflated value assigned to the recyclers                           
           by the Partnerships, petitioners claimed deductions and credits                            
           that resulted in underpayments of tax, and we held that the                                
           Partnership transactions lacked economic substance.  Regardless                            
           of petitioners' concessions, in these cases the underpayments of                           
           tax were attributable to the valuation overstatements.                                     
                  Moreover, concession of the investment tax credit in and of                         
           itself does not relieve taxpayers of liability for the section                             
           6659 addition to tax.  See Dybsand v. Commissioner, T.C. Memo.                             
           1994-56; Chiechi v. Commissioner, T.C. Memo. 1993-630.  Instead,                           
           the ground upon which the investment tax credit is disallowed or                           
           conceded is significant.  Dybsand v. Commissioner, supra.  Even                            
           in situations in which there are arguably two grounds to support                           
           a deficiency and one supports a section 6659 addition to tax and                           
           the other does not, the taxpayer may still be liable for the                               
           addition to tax.  Gainer v. Commissioner, 893 F.2d at 228; Irom                            






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