John Sann and Marianne Sann, et al. - Page 75

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          value of the recyclers in the Clearwater transaction was                    
          predicated upon a projected stream of royalty income, and this              
          Court merely rejected the taxpayer's valuation method.                      
          Petitioners misread and distort our Provizer opinion.  In the               
          Provizer case, overvaluation of the Sentinel EPE recyclers,                 
          irrespective of the technique employed by the taxpayers in their            
          efforts to justify the overvaluation, was the dominant factor               
          that led us to hold that the Clearwater transaction lacked                  
          economic substance.  Likewise, overvaluation of the Sentinel EPE            
          recyclers in these cases is the ground for our holding herein               
          that the Partnership transactions lacked economic substance.                
               Moreover, a virtually identical argument was recently                  
          rejected in Gilman v. Commissioner, supra, by the Court of                  
          Appeals for the Second Circuit, the court to which appeal in                
          these cases would lie.  See Golsen v. Commissioner, 54 T.C. 742,            
          756-758 (1970), affd. 445 F.2d 985 (10th Cir. 1971).  In the                
          Gilman case, the taxpayers engaged in a computer equipment sale             
          and leaseback transaction that this Court held was a sham                   
          transaction lacking economic substance.  The taxpayers therein,             
          citing Todd v. Commissioner, supra, and Heasley v. Commissioner,            
          supra, argued that their underpayment of taxes derived from                 
          nonrecognition of the transaction for lack of economic substance,           
          independent of any overvaluation.  The Court of Appeals for the             
          Second Circuit sustained imposition of the section 6659 addition            
          to tax because overvaluation of the computer equipment                      




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