- 35 - concession that the agreement at issue was a license and not a lease. Although property was overvalued in each of those cases, the overvaluation was not the ground on which the taxpayers’ liabilities were sustained. In contrast, a “different situation exists where a valuation overstatement * * * is an integral part of or is inseparable from the ground found for disallowance of an item.” McCrary v. Commissioner, supra at 859. In the present cases, we find that the overvaluation of the recyclers was integral to and inseparable from petitioners’ claimed tax benefits and the determination that Hamilton lacked economic substance.5 Petitioners’ argument that there exists an alternate ground for the disallowance of the claimed benefits that is independent of an overvaluation statement ignores the facts in their cases. Contrary to petitioners’ argument, the FPAA’s do not indicate that the disallowance of tax benefits was premised upon the recyclers’ not being placed in service. Instead, in the FPAA’s respondent determined that Hamilton was not entitled to the 5 To the extent that Heasley v. Commissioner, 902 F.2d 380 (5th Cir. 1990), revg. T.C. Memo. 1988-408, merely represents an application of Todd v. Commissioner, 862 F.2d 540 (5th Cir. 1988), affg. 89 T.C. 912 (1987), we consider Heasley distinguishable. To the extent that Heasley is based on a concept that where an underpayment derives from the disallowance of a transaction for lack of economic substance, the underpayment cannot be attributable to an overvaluation, this Court, as well as the Court of Appeals for the Eighth Circuit, has disagreed. See Massengill v. Commissioner, 876 F.2d 616 (8th Cir. 1989), affg. T.C. Memo. 1988-427.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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