- 29 - to the penalty under section 6659.” Massengill v. Commissioner, supra at 619-620; see also Zirker v. Commissioner, 87 T.C. 970 (1986). We also find that the facts in these cases are distinguishable from the facts in Gainer v. Commissioner, supra, Todd v. Commissioner, supra, and McCrary v. Commissioner, supra. In Gainer and Todd, it was found that a valuation overstatement did not contribute to an underpayment of taxes. In those cases, the underpayments were due exclusively to the fact that the property in each case had not been placed in service. In McCrary, the underpayments were deemed to result from a concession that the agreement at issue was a license and not a lease. Although property was overvalued in each of those cases, the overvaluation was not the grounds on which the taxpayers’ liabilities were sustained. In contrast, a “different situation exists where a valuation overstatement * * * is an integral part of or is inseparable from the ground found for disallowance of an item.” McCrary v. Commissioner, supra at 859. In the present cases, we find that the overvaluation of the recyclers was integral to and inseparable from petitioners’ claimed tax benefits and the determination that Masters lacked economic substance.4 4 To the extent that Heasley v. Commissioner, 902 F.2d 380 (5th Cir. 1990), revg. T.C. Memo. 1988-408, merely represents an (continued...)Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011