John Sann and Marianne Sann, et al. - Page 79

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          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             
          v. Commissioner, 866 F.2d 545, 547 (2d Cir. 1989), vacating in              
          part T.C. Memo. 1988-211; Harness v. Commissioner, T.C. Memo.               
          1991-321.                                                                   
               In the present cases, no argument was made and no evidence             
          was presented to the Court to prove that disallowance and                   
          concession of the claimed investment tax credits and other tax              
          benefits related to anything other than a valuation                         
          overstatement.  To the contrary, petitioners each stipulated                
          substantially the same facts concerning the Partnership                     
          transactions as we found in Provizer v. Commissioner, supra.  In            
          the Provizer case, we held that the taxpayers were liable for the           
          section 6659 addition to tax because the underpayment of taxes              
          was directly related to the overvaluation of the Sentinel EPE               
          recyclers.  The overvaluation of the recyclers, exceeding 2325              
          percent, was an integral part of our findings in Provizer that              
          the transaction was a sham and lacked economic substance.                   
          Similarly, the records in these cases plainly show that the                 
          overvaluation of the recyclers is integral to and is the core of            
          our holding that the underlying transactions here were shams and            
          lacked economic substance.                                                  






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