- 44 - underpayment, including an addition for overvaluation, which we upheld. See Merino v. Commissioner, T.C. Memo. 1997-385. The Court of Appeals for the Third Circuit sustained our determination and held that section 6659 is properly imposed where a claimed tax benefit is disallowed because it is an integral part of a transaction lacking economic substance. Merino v. Commissioner, 196 F.3d at 159. The Court of Appeals for the Third Circuit distinguished the Court of Appeals for the Fifth Circuit’s holding in Heasley that section 6659 was inapplicable where there were no grounds for the disallowance of the taxpayers’ claimed benefits other than overvaluation, “because the Court’s decision appears to have been driven by understandable sympathy for the Heasleys rather than by a technical analysis of the statute.” Merino v. Commissioner, 196 F.3d at 158-159. In arriving at its decision, the Court of Appeals for the Third Circuit relied on Gilman v. Commissioner, 933 F.2d 143, 152 (2d Cir. 1991), affg. T.C. Memo. 1989-684, in which the Court of Appeals for the Second Circuit stated: Where a transaction is not respected for lack of economic substance, the resulting underpayment is attributable to the implicit overvaluation. A transaction that lacks economic substance generally reflects an arrangement in which the basis of the property was misvalued in the context of the transaction. While this interpretation of underpayment “attributable to a valuationPage: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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