- 24 - 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).Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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