Investment Research Associates - Page 563




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          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.                      





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