- 43 - claiming an improper deduction or credit rather than to a valuation overstatement. Heasley v. Commissioner, 902 F.2d at 383. To support its holding, the Court of Appeals for the Fifth Circuit in Heasley relied on Todd v. Commissioner, 862 F.2d 540 (5th Cir. 1988), in which it held that a valuation overstatement did not contribute to the underpayment of taxes where the underpayment was due exclusively to the fact that the property providing the basis for the tax benefits at issue had not been placed in service in the year the benefits were claimed. On facts similar to the facts in this case, the Court of Appeals for the Third Circuit, the court to which this case is appealable, has distinguished Heasley. In Merino v. Commissioner, 196 F.3d 147 (3d Cir. 1999), the taxpayer had invested in a tax shelter that involved the leasing of recyclers. The taxpayer was a successful engineer with a Ph.D. degree in managerial economics and experience in the petrochemical industry, who, like petitioner in this case, claimed that he was an acknowledged expert in plastics technology. Id. at 149. The taxpayer investigated the tax shelter for a friend and invested for himself as a result of his findings. Id. at 148-149. The Commissioner ultimately determined that the investment lacked economic substance, disallowed the tax benefits the taxpayer claimed in relation to the investment, and imposed additions to tax as a result of thePage: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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