- 602 - the prohibited conduct; i.e. the deliberate overvaluations. In each of the transactions the indebtedness incurred by IRA/Cedilla for purchase of the equipment greatly exceeded the amounts paid by prior owners of the equipment, and no evidence was presented to establish the reason for such increases in cost. IRA's overvaluations with respect to the computer equipment are inseparable from the transactions' lack of economic substance and profit motive and their sham character. The same rationale applies to the section 351 transaction. Accordingly, we sustain respondent's determination that a portion of the underpayment for each of the years 1982 and 1983 is attributable to a valuation overstatement involving the equipment leasing transactions. Issue 40. Whether IRA Is Liable for the Section 6661 Additions to Tax for 1983 Through 1988 OPINION This issue relates to the addition to tax under section 6661 for IRA's understatements of tax attributable to a number of adjustments that we have sustained for 1983 through 1988. In the notices of deficiency issued to IRA for 1983 through 1988, respondent determined that the entire deficiency for each year was a substantial understatement of tax for which IRA was liable for the addition to tax under section 6661(a). IRA contends that it is not liable for the section 6661(a) addition to tax because there was substantial authority for the positions it took with respect to the disallowed items.Page: Previous 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 Next
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