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