David and Shirley Singer - Page 49

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          overstatement.  To the contrary, petitioners stipulated                     
          substantially the same facts concerning the Plymouth transaction            
          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 2,325 percent, was an             
          integral part of our findings in Provizer that the transaction              
          was a sham and lacked economic substance.  Similarly, the record            
          in this case plainly shows that the overvaluation of the                    
          recyclers is integral to and is the core of our holding that the            
          Plymouth transaction was a sham and lacked economic substance.              
               Petitioners' reliance on McCrary v. Commissioner, supra, is            
          misplaced.  In that case, the taxpayers conceded disentitlement             
          to their claimed tax benefits and the section 6659 addition to              
          tax was held inapplicable.  However, the taxpayers' concession of           
          the claimed tax benefits, in and of itself, did not preclude                
          imposition of the section 6659 addition to tax.  In McCrary v.              
          Commissioner, supra, the section 6659 addition to tax was                   
          disallowed because the agreement at issue was conceded to be a              
          license and not a lease.  In contrast, the record in this case              
          plainly shows that petitioners' underpayment was attributable to            
          overvaluation of the Sentinel EPE recyclers.  We hold that                  








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