- 31 - 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 thePage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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