(case involves sham partnership where IRS disallowed losses associated with tax shelter activities; court upholds imposition of 40 percent gross valuation misstatement penalty; court joins Third, Eleventh and First Circuits in holding that taxpayer that overstates basis and participates in sham transactions should be punished at least as severely as one who does only the former; opinion contrary to holding of Ninth and Fifth Circuits; court notes that U.S. Supreme Court has granted cert. to resolve conflict).