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Commissioner, filed at T.C. Memo. 1994-424 (hereinafter
Robertson I), holding petitioners liable for additions
to tax under sections 6653(a)(1) and (2) and 6661. All
section references are to the Internal Revenue Code, as
amended and in effect during the years in issue. It is
also before the Court to resolve the dispute between the
parties over the correct amount of the deficiencies to be
entered in accordance with the findings and conclusions
of the Court in Robertson I, pursuant to the procedure
specified in Rule 155 of the Tax Court Rules of Practice
and Procedure. In this opinion, all Rule references are
to the Tax Court Rules of Practice and Procedure unless
otherwise stated.
Robertson I dealt with petitioners' income tax return
for 1984 in which they claimed a loss from a sale-leaseback
transaction, involving computer equipment, that had been
entered into by the Roscrea Trust (hereinafter sometimes
referred to as the Trust) of which Lowell L. Robertson
(petitioner) was a unitholder. We held that the trans-
action was a sham because it lacked economic substance and
was not entered into with a business purpose. Accordingly,
we sustained respondent's disallowance of the loss. We
also sustained respondent's determination of petitioners'
liability for additions to tax under sections 6653(a)(1)
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