Joseph and Susan L. Ferraro - Page 24




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          contention with respect to the underlying deficiency not                    
          previously considered in Provizer.5                                         
               The record in the present case regarding the Clearwater                
          transactions plainly supports respondent's determination                    
          regarding the underlying deficiency.  Petitioners have conceded             
          overvaluation of the Sentinel EPE recyclers.  The overvaluation             
          of the Sentinel EPE recyclers was integral to our holding in                
          Provizer, and the overvaluation in this case is inseparable from            
          petitioners' claimed tax benefits.  In fact, the overvaluation is           
          the principal ground for the disallowance of petitioners' claimed           
          tax benefits.  Cf. McCrary v. Commissioner, supra at 859; Zenkel            
          v. Commissioner, T.C. Memo. 1996-398.                                       
               We will therefore not revisit our decision in Provizer and             
          reconsider whether the Plastics Recycling leasing program in                
          which Clearwater participated was an economic sham.  As in                  
          Provizer, we rely heavily on the fact that the Sentinel EPE                 
          recyclers were highly overvalued.  On the basis of the same                 
          objective criteria and for the reasons discussed in detail in               
          Provizer, we hold meritless the contention that the offsetting              
          nature of the various steps of the Clearwater transactions made             



               5  As previously mentioned, for a detailed discussion of the           
          facts and the applicable law in the substantially identical case,           
          see Provizer v. Commissioner, T.C. Memo. 1992-177, affd. per                
          curiam without published opinion 996 F.2d 1216 (6th Cir. 1993).             




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