United Parcel Service of America - Page 24




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          prudent person would do under the circumstances.  See Neely v.              
          Commissioner, 85 T.C. 934, 947 (1985).                                      
               With respect to the restructuring of the excess value                  
          income, we have found that petitioner engaged in ongoing sham               
          transactions devoid of economic substance during the year at                
          issue.  Petitioner is a sophisticated taxpayer.  The primary                
          thrust of petitioner's argument was that it had valid business              
          purposes for restructuring its EVC activities.  We have not                 
          accepted this explanation.  On the basis of the record as                   
          described above, we reject any contention that petitioner had a             
          reasonable basis for the positions taken on the returns.  We,               
          therefore, sustain respondent's determination under section                 
          6653(a)(1).  We further sustain respondent's determination under            
          section 6653(a)(2) with regard to that portion of the                       
          underpayment of tax that is attributable to the excess value                
          charges.                                                                    
               Respondent also determined that petitioner is liable for an            
          addition to tax for 1984 under section 6661.  Section 6661(a)               
          provides for an addition to tax equal to 25 percent of the amount           
          of the underpayment attributable to a substantial understatement            
          of income tax.  See Pallottini v. Commissioner, 90 T.C. 498, 503            
          (1988).  In the case of a corporation, other than an S                      
          corporation or personal holding company, an understatement is               
          substantial if it exceeds the greater of $10,000 or 10 percent of           





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