Bernice M. and Stanley M. Ulanoff - Page 34




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          under section 6653(a)(1) and (2) for the years in issue.                    
          Respondent is sustained on this issue.                                      
          Issue (4)  Section 6659 Valuation Overstatement                             
               Petitioner also contests the addition to tax for valuation             
          overstatement under section 6659 for the years in issue.                    
               A value claimed on a return that exceeds the correct value             
          by 150 percent or more constitutes a valuation overstatement.               
          See sec. 6659(c).  With respect to the Plymouth investment, we              
          have found that Sentinel EPE recyclers valued at $1,162,667 each            
          did not have a value exceeding $50,000 per machine.  With respect           
          to the Taylor investment, we have found that Sentinel EPS                   
          recyclers valued at $1,750,000 each did not have a value                    
          exceeding $50,000 per machine.                                              
               Although petitioner declined to stipulate the value of the             
          Sentinel recyclers at issue, petitioner presented no evidence by            
          way of expert testimony to contradict the conclusions reached by            
          respondent's experts.  The record is devoid of any evidence                 
          indicating that petitioner conducted a meaningful investigation             
          to value the Sentinel recyclers.  We have extensively considered            
          the value of the Sentinel EPE recycler and the value of the                 
          Sentinel EPS recycler and have concluded as an ultimate fact that           
          the Sentinel EPE and EPS recyclers did not have a fair market               
          value at that time in excess of $50,000 each.  See also Gottsegen           
          v. Commissioner, T.C. Memo. 1997-314; Provizer v. Commissioner,             





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