Keith E. and Marilyn B. West - Page 32




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          underpayments of tax were attributable to the valuation                     
          overstatements.                                                             
               Moreover, concession of the investment tax credit in and of            
          itself does not relieve taxpayers of liability for the section              
          6659 addition to tax.  See Singer v. Commissioner, supra; Kaliban           
          v. Commissioner, supra; Sann v. Commissioner, supra; Dybsand v.             
          Commissioner, T.C. Memo. 1994-56; Chiechi v. Commissioner, T.C.             
          Memo. 1993-630.  Instead, the ground upon which the investment              
          tax credit is disallowed or conceded is significant.  See Dybsand           
          v. Commissioner, supra.  Even in situations in which there are              
          arguably two grounds to support a deficiency and one supports a             
          section 6659 addition to tax and the other does not, the taxpayer           
          may still be liable for the addition to tax.  See Gainer v.                 
          Commissioner, 893 F.2d 225 (9th Cir. 1990); Irom v. Commissioner,           
          866 F.2d 545, 547 (2d Cir. 1989), vacating in part T.C. Memo.               
          1988-211; Harness v. Commissioner, T.C. Memo. 1991-321.                     
               In these cases, petitioners each stipulated substantially              
          the same facts concerning the Masters transaction as we found in            
          Provizer v. Commissioner, supra.  In Provizer, we held that the             
          taxpayers were liable for the section 6659 addition to tax                  
          because the underpayment of taxes was directly related to the               
          overvaluation of the recyclers.  The overvaluation of the                   
          recyclers, exceeding 2325 percent, was an integral part of our              
          findings in Provizer that the transaction was a sham and lacked             






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