David and Shirley Singer - Page 45

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          recyclers in this case is the ground for our holding herein that            
          the Plymouth transaction lacked economic substance.                         
               Moreover, a virtually identical argument was rejected in               
          Gilman v. Commissioner, supra.  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 contributed directly to             
          this Court's earlier conclusion that the transaction lacked                 
          economic substance and was a sham.  Gilman v. Commissioner, supra           
          at 151.  In addition, the Court of Appeals for the Second Circuit           
          agreed with this Court and with the Court of Appeals for the                
          Eighth Circuit that "'when an underpayment stems from disallowed            
          * * * investment credits due to lack of economic substance, the             
          deficiency is * * * subject to the penalty under section 6659.'"            
          Gilman v. Commissioner, supra at 151 (quoting Massengill v.                 
          Commissioner, 876 F.2d 616, 619-620 (8th Cir. 1989), affg. T.C.             
          Memo. 1988-427); see also Zfass v. Commissioner, supra; Rybak v.            
          Commissioner, 91 T.C. at 566-567; Zirker v. Commissioner, 87 T.C.           
          970, 978-979 (1986); Donahue v. Commissioner, T.C. Memo. 1991-              




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