Wayne and Pamela Berry - Page 10




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          because it lacked economic substance and a business purpose;                
          (3) sustained the additions to tax for negligence under section             
          6653(a)(1) and (2); (4) sustained the addition to tax for                   
          valuation overstatement under section 6659 because the                      
          underpayment of taxes was directly related to the overvaluation             
          of the recyclers; and (5) held that the partnership losses and              
          tax credits claimed with respect to the plastics recycling                  
          partnership at issue were attributable to tax-motivated                     
          transactions within the meaning of section 6621(c).  We also                
          found that other recyclers were commercially available during the           
          year in issue.  In reaching the conclusion that the transaction             
          lacked a business purpose, this Court relied heavily upon the               
          overvaluation of the recyclers.  Id.                                        
               Neither petitioners nor respondent had a copy of the                   
          offering memorandum for Whitman available at the time of trial,             
          nearly 20 years after petitioners’ investment.  In Barber v.                
          Commissioner, supra, where the taxpayers, like petitioners, were            
          limited partners in Whitman, we explained:                                  
                    In a 4-step series of simultaneous transactions                   
               closely resembling those described in the Provizer case                
               and stipulated by the parties herein, Packaging                        
               Industries of Hyannis, Massachusetts (PI) manufactured                 












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