Joseph and Susan L. Ferraro - Page 23




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          of hindsight, investment in Clearwater was an economic sham.  In            
          deciding that the Clearwater transactions were an economic sham,            
          we stated:  "We do not consider whether, in light of hindsight,             
          the taxpayer made a wise investment, but rather whether he made             
          any bona fide investment at all or merely purchased tax                     
          deductions."                                                                
               We went on to consider in detail whether the taxpayer had              
          made a bona fide investment in Clearwater, and we concluded that            
          the transactions were a sham, lacking economic substance, in                
          light of certain objective factors including:  (1) The manner in            
          which the transactions were structured; (2) the lack of arm's-              
          length dealings; and (3) the discrepancy between the fair market            
          value and purchase price on which the pass-throughs were based.             
               In this case, there is a complete failure by petitioners to            
          prove that the Clearwater transactions were not the circular                
          transactions found to be an economic sham in Provizer.                      
          Petitioners have not established, or indeed attempted to                    
          establish, that any of the objective criteria considered in                 
          Provizer were in any manner different in their case.  Cf. McCrary           
          v. Commissioner, 92 T.C. 827 (1989); Rose v. Commissioner, 88               
          T.C. 386 (1987), affd. 868 F.2d 851 (6th Cir. 1989).  Neither               
          have petitioners provided any further evidence or any novel                 








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