River City Ranches #1 Ltd., Leon Shepard, Tax Matters Partner - Page 15

                                       - 104 -                                         
          Since none of the taxpayers in the three cited cases were                    
          entitled to any deductions and credits regardless of any                     
          valuation overstatement, there were no underpayments attributable            
          to a valuation overstatement.  McCrary further held that section             
          6621(c) interest was inapplicable where deductions are disallowed            
          on separate and independent grounds that do not fall among the               
          categories of tax-motivated transactions listed in section                   
          6621(c)(3)(A).                                                               
               Noting the U.S. Court of Appeals for the Fifth Circuit’s                
          decision in Heasley v. Commissioner, 902 F.2d 380 (5th Cir.                  
          1990), revg. T.C. Memo. 1988-408, petitioners additionally argue             
          that there can be no valuation overstatement where the                       
          transaction was a sham and the asset alleged to have been                    
          acquired does not exist.                                                     
               2.   Respondent’s Arguments                                             
               Respondent contends that this Court, as set forth in                    
          respondent’s motions to dismiss, lacks jurisdiction in these                 
          partnership proceedings to determine whether section 6621(c)                 
          applies.  However, respondent now further maintains that this                
          Court does have jurisdiction to and should determine that (1)                
          there were asset overvaluations and basis overstatements, and (2)            
          the partnership transactions were shams.                                     
               Respondent disputes petitioner’s argument that the                      
          partnership transactions do not involve valuation overstatements             






Page:  Previous  94  95  96  97  98  99  100  101  102  103  104  105  106  107  108  109  110  111  112  113  Next

Last modified: May 25, 2011