Keith E. and Marilyn B. West - Page 30




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               In the present cases, petitioners have conceded that the               
          recyclers’ fair market value in 1982 did not exceed $50,000.                
          Petitioners have also conceded that the Masters transaction and             
          the recyclers in these cases are substantially identical to the             
          transactions and recyclers considered in Provizer v.                        
          Commissioner, T.C. Memo. 1992-177.  In Provizer, our finding that           
          the recyclers were overvalued was the dominant factor that led us           
          to hold that the transaction lacked economic substance.  See Sann           
          v. Commissioner, T.C. Memo. 1997-259.  Based on this record, we             
          find that the recyclers overvaluation was a dominant factor in              
          regard to:  (1) The disallowed tax credits, and other benefits in           
          these cases; (2) the underpayments of tax; and (3) the                      
          determination that the Masters transaction lacked economic                  
          substance.                                                                  
               Lastly, we note that petitioners’ argument is similar to the           
          arguments that were raised in other plastics recycling cases.               
          See Merino v. Commissioner, 196 F.3d 147 (3d Cir. 1999); Singer             
          v. Commissioner, T.C. Memo. 1997-325; Kaliban v. Commissioner,              



          4(...continued)                                                             
          application of Todd v. Commissioner, 862 F.2d 540 (5th Cir.                 
          1988), affg. 89 T.C. 912 (1987), we consider Heasley                        
          distinguishable.  To the extent that Heasley is based on a                  
          concept that where an underpayment derives from the disallowance            
          of a transaction for lack of economic substance, the underpayment           
          cannot be attributable to an overvaluation, this Court, as well             
          as the Court of Appeals for the Eighth Circuit have disagreed.              
          See Massengill v. Commissioner, 876 F.2d 616 (8th Cir. 1989),               
          affg. T.C. Memo. 1988-427.                                                  





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