David and Shirley Singer - Page 43

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          Commissioner, 99 T.C. at 178 (citing Todd v. Commissioner,                  
          supra).  However, when valuation is an integral factor in                   
          disallowing deductions and credits, section 6659 is applicable.             
          See Zfass v. Commissioner,     F.3d     (4th Cir. June 23, 1997),           
          affg. T.C. Memo. 1996-167; Illes v. Commissioner, 982 F.2d 163,             
          167 (6th Cir. 1992), affg. T.C. Memo. 1991-449; Gilman v.                   
          Commissioner, 933 F.2d 143, 151 (2d Cir. 1991) (the section 6659            
          addition to tax applies if a finding of lack of economic                    
          substance is "due in part" to a valuation overstatement), affg.             
          T.C. Memo. 1989-684; Masters v. Commissioner, T.C. Memo. 1994-              
          197, affd. without published opinion 70 F.3d 1262 (4th Cir.                 
          1995); Harness v. Commissioner, T.C. Memo. 1991-321.                        
               Petitioners argue that the disallowance of the claimed                 
          investment tax and business energy credits was not "attributable            
          to" a valuation overstatement.  According to petitioners, the               
          credits were disallowed because the Plymouth transaction lacked             
          economic substance, not because of any valuation overstatement.             
          It follows, petitioners reason, that because the "attributable              
          to" language of section 6659 requires a direct causative                    
          relationship between a valuation overstatement and an                       
          underpayment in tax, section 6659 cannot apply to their                     
          deficiency.  Petitioners cite the following cases to support this           
          argument:  Heasley v. Commissioner, 902 F.2d 380 (5th Cir. 1990),           
          revg. T.C. Memo. 1988-408; Gainer v. Commissioner, 893 F.2d 225             






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