- 6 - correct. While petitioner may not have been given cash directly from the escrow account, petitioner received the benefit of the funds disbursed in the same manner as if the funds had been deposited directly into its own account. To argue otherwise would be an exercise in semantics, and it is well established that the substance of the transaction, rather than its form, must govern the tax consequences. Garcia v. Commissioner, 80 T.C. 491 (1983) (citing Commissioner v. Court Holding Co., 324 U.S. 331 (1945); Gregory v. Helvering, 293 U.S. 465 (1935); Biggs v. Commissioner, 69 T.C. 905 (1978), affd. 632 F.2d 1171 (5th Cir. 1980)). Petitioner contends that "an escrow not under the control of the taxpayer is neither a vehicle for the realization of income nor the receipt of the escrow proceeds themselves." In support thereof, petitioner cites the following cases: Swaim v. United States, 651 F.2d 1066 (5th Cir. 1981); Sprague v. United States, 627 F.2d 1044 (10th Cir. 1980); Biggs v. Commissioner, supra; Carlton v. United States, 385 F.2d 238 (5th Cir. 1967); Garcia v. Commissioner, supra; Barker v. Commissioner, 74 T.C. 555 (1980); Brauer v. Commissioner, 74 T.C. 1134 (1980); Fredericks v. Commissioner, T.C. Memo. 1994-27; Grannemann v. United States, 649 F.Supp. 949 (E.D. Mo. 1986). Most of the cases cited by petitioner have a common thread; namely, a discussion of or reference to the doctrine of constructive receipt. The doctrine generally provides that aPage: Previous 1 2 3 4 5 6 7 8 Next
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