Keith E. and Marilyn B. West - Page 31




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          T.C. Memo. 1997-271; Sann v. Commissioner, supra.  In all of                
          those cases, we rejected this argument.                                     
          2.  Concession of the Deficiency                                            
               Petitioners also argue that Masters’ concession in the                 
          underlying partnership case precludes imposition of the section             
          6659 additions to tax.  Petitioners contend that Masters’                   
          concession renders any inquiry into the grounds for such                    
          deficiencies moot.  Petitioners argue that absent such inquiry it           
          cannot be known if their underpayments were attributable to a               
          valuation overstatement or other discrepancy and that without a             
          finding that a valuation overstatement contributed to an                    
          underpayment, section 6659 cannot apply.  In support of this line           
          of reasoning, petitioners rely heavily upon Heasley v.                      
          Commissioner, 902 F.2d 380 (5th Cir. 1990), and McCrary v.                  
          Commissioner, 92 T.C. 827 (1980).                                           
               Masters’ concession does not obviate our finding that                  
          Masters lacked economic substance due to overvaluation of the               
          recyclers.  The value of the recyclers was established in                   
          Provizer v. Commissioner, supra, and stipulated by the parties.             
          As a consequence of the inflated value assigned to the recyclers            
          by Masters, petitioners claimed deductions and credits that                 
          resulted in underpayments of tax.  Regardless of Masters’                   
          concession in the underlying partnership case, in these cases the           








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