- 21 - In Provizer v. Commissioner, T.C. Memo. 1992-177, the test cases for the Plastics Recycling group of cases, this Court: (1) Found that each recycler had a fair market value of not more than $50,000; (2) held that the transaction, which was virtually identical to the transactions in the present cases, was a sham 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. See Provizer v. Commissioner, supra. In reaching the conclusion that the transaction lacked a business purpose, this Court heavily relied upon the overvaluation of the recyclers. Similarly, in Gottsegen v. Commissioner, supra, we found that each Sentinel EPS recycler had a fair market value not in excess of $50,000. A. Section 6653(a)(1) and (2) Negligence In each of the present cases, respondent determined that petitioners were liable for additions to tax for negligence under section 6653(a)(1) and (2) with respect to an underpaymentPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011