David and Shirley Singer - Page 42

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          of $1,162,666 for each Sentinel EPE recycler.  Petitioners                  
          concede that the fair market value of a Sentinel EPE recycler in            
          1981 was not in excess of $50,000.  Therefore, if disallowance of           
          petitioners' claimed tax benefits is attributable to such                   
          valuation overstatements, petitioners are liable for the section            
          6659 addition to tax at the rate of 30 percent of the                       
          underpayment of tax attributable to the investment tax and                  
          business energy credits claimed with respect to Plymouth.                   
               Petitioners contend that section 6659 does not apply in                
          their case for the following three reasons:  (1) Disallowance of            
          the claimed tax benefits was attributable to other than a                   
          valuation overstatement; (2) petitioners' concession of the                 
          claimed tax benefits precludes imposition of the section 6659               
          addition to tax; and (3) respondent erroneously failed to waive             
          the section 6659 addition to tax.  We reject each of these                  
          arguments for reasons set forth below.                                      
               1.  The Grounds for Petitioners' Underpayments                         
               Section 6659 does not apply to underpayments of tax that are           
          not "attributable to" valuation overstatements.  See McCrary v.             
          Commissioner, 92 T.C. at 827; Todd v. Commissioner, 89 T.C. 912             
          (1987), affd. 862 F.2d 540 (5th Cir. 1988).  To the extent                  
          taxpayers claim tax benefits that are disallowed on grounds                 
          separate and independent from alleged valuation overstatements,             
          the resulting underpayments of tax are not regarded as                      
          attributable to valuation overstatements.  Krause v.                        




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