Keith E. and Marilyn B. West - Page 17




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          affd. sub nom. Addington v. Commissioner, 205 F.3d 54 (2d Cir.              
          2000).  In all but a few of those cases, we found the taxpayers             
          liable for the additions to tax for negligence.  Moreover, in all           
          of the Plastics Recycling cases in which the issue has been                 
          raised, we have found the taxpayers liable for additions to tax             
          for valuation overstatement.                                                
               In Provizer v. Commissioner, T.C. Memo. 1992-177, the test             
          case for the Plastics Recycling group of cases, this Court:                 
          (1) Found that each recycler had a fair market value of not more            
          than $50,000; (2) held that the transaction, which was virtually            
          identical to the transactions in the present cases, was a sham              
          because it lacked economic substance and a business purpose; (3)            
          sustained the additions to tax for negligence under section                 
          6653(a)(1) and (2); (4) sustained the addition to tax for                   
          valuation overstatement under section 6659 because the                      
          underpayment of taxes was directly related to the overvaluation             
          of the recyclers; and (5) held that the partnership losses and              
          tax credits claimed with respect to the plastics recycling                  
          partnership at issue were attributable to tax-motivated                     
          transactions within the meaning of section 6621(c).  We also                
          found that other recyclers were commercially available during the           
          years in issue.  See id.  In reaching the conclusion that the               
          transaction lacked a business purpose, this Court relied heavily            
          upon the overvaluation of the recyclers.  Similarly, in Gottsegen           






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