Keith E. and Marilyn B. West - Page 34




                                       - 34 -                                         
          finding in Provizer that the recyclers had been overvalued was              
          integral to and inseparable from our holding of a lack of                   
          economic substance.  Petitioners stipulated that the transaction            
          in Masters was substantially similar to the transaction described           
          in Provizer, and that the fair market value of the recyclers in             
          1982 was not in excess of $50,000.  Given those concessions, and            
          the fact that the records here plainly show that the                        
          overvaluation of the recyclers was integral to and inseparable              
          from the determination that Masters lacked economic substance, we           
          conclude that the deficiencies were attributable to the                     
          overvaluation of the recyclers.                                             
               For the foregoing reasons, we hold that petitioners are                
          liable for the section 6659 additions to tax for valuation                  
          overstatement.                                                              
               To reflect the foregoing,                                              
                                             Decisions will be entered                
                                        for respondent.                               



















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

Last modified: May 25, 2011