Bernice M. and Stanley M. Ulanoff - Page 22




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          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).             



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