- 22 - deficiency not previously considered in Provizer.4 There is a complete failure by petitioner to prove that the Plymouth transaction was in any meaningful manner different from the circular transaction found to be an economic sham in Provizer. We will not revisit our decision in Provizer and reconsider whether the Plastics Recycling leasing program in which Plymouth participated was an economic sham. As in Provizer, we rely heavily on the fact that the Sentinel EPE machines were highly overvalued. We therefore sustain respondent's determination regarding the underlying deficiency for 1981. Issue (2) Section 6621(c) Additional Interest for 1981 Respondent determined that petitioner is liable for additional interest for 1981 with respect to the underpayment attributable to petitioner's investment in Plymouth. Section 6621(c), formerly section 6621(d), provides for an increased rate of interest if the underpayment of tax exceeds $1,000 and is attributable to a tax-motivated transaction as defined in section 6621(c)(3). The increased rate of interest is effective only with respect to interest accruing after December 31, 1984, notwithstanding that the transaction was entered into before that date. See Solowiejczyk v. Commissioner, 85 T.C. 552 4 As previously mentioned, for a detailed discussion of the facts and the applicable law in a 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 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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