David and Shirley Singer - Page 44

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          (9th Cir. 1990), affg. T.C. Memo. 1988-416; McCrary v.                      
          Commissioner, supra; Todd v. Commissioner, supra.                           
               Petitioners' argument rests on the mistaken premise that our           
          holding herein that the Plymouth transaction lacked economic                
          substance was separate and independent from the overvaluation of            
          the Sentinel EPE recyclers.  To the contrary, in holding that the           
          Plymouth transaction lacked economic substance, we relied heavily           
          upon the overvaluation of the recyclers.  Overvaluation of the              
          recyclers was an integral factor in regard to:  (1) The                     
          disallowed tax credits and operating loss; (2) the underpayment             
          of tax; and (3) our finding that the Plymouth transaction lacked            
          economic substance.                                                         
               Petitioners argue that in Provizer v. Commissioner, T.C.               
          Memo. 1992-177, we found that the Clearwater transaction lacked             
          economic substance for reasons independent of the valuation                 
          reported in that case.  According to petitioners, the purported             
          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            




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