Donald N. and Rosemarie F. Merino - Page 19

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          discouraged after about maybe a year and a half or 2 years into             
          this deal".  He "gave up after that point because then it really            
          became apparent that the price of crude [oil] was really                    
          declining."  Petitioners never made a profit in any year from               
          their participation in Northeast.                                           
                                       OPINION                                        
               We have decided a large number of the Plastics Recycling               
          group of cases.  Provizer v. Commissioner, T.C. Memo. 1992-177,             
          affd. without published opinion 996 F.2d 1216 (6th Cir. 1993),              
          concerned the substance of the partnership transaction and also             
          the additions to tax.  See also Singer v. Commissioner, T.C.                
          Memo. 1997-325; Gottsegen v. Commissioner, T.C. Memo. 1997-314;             
          Greene v. Commissioner, T.C. Memo. 1997-296; Kaliban v.                     
          Commissioner, T.C. Memo. 1997-271; Sann v. Commissioner, T.C.               
          Memo. 1997-259 (and cases cited therein).  The majority of these            
          cases, like the present case, raised issues regarding additions             
          to tax for negligence and valuation overstatement.  We have found           
          the taxpayers liable for such additions to tax in all but one of            
          the opinions to date on these issues.                                       
               In Provizer v. Commissioner, supra, a test case for the                
          Plastics Recycling group of cases, this Court (1) found that each           
          Sentinel EPE recycler had a fair market value not in excess of              
          $50,000, (2) held that the Clearwater transaction was a sham                
          because it lacked economic substance and a business purpose, (3)            
          upheld the section 6659 addition to tax for valuation                       




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