- 25 - Courts have never regarded "the simple expedient of drawing up papers" as controlling for tax purposes when the objective realities are to the contrary. Commissioner v. Tower, 327 U.S. 280, 291 (1946). Here, the hastily drawn up papers used at the putative closings on December 31, 1985, utterly fail to reflect objective reality. The alleged payment for the Bonds took the form of share drafts from starter kits, drawn on nonexistent accounts at a Jersey City credit union. The agent of the trustee promptly endorsed these items, without recourse to the trustee, to the order of an undercapitalized institution located in Saipan that had recently lost its banking license. In exchange, the trustee took the Saipan institution's investment agreements. If, on December 31, 1985,--the alleged "date of issue"--the trustee had sought either to cash the share drafts or to collect upon its investment agreements, it would have been unsuccessful. Neither the share drafts nor the investment agreements had any substance behind them. These items fell embarrassingly short of representing actual payment for the Bonds within the meaning of the Commissioner's regulations. Accordingly, the date of issue of the Bonds was not December 31, 1985, but rather February 20, 1986, when actual funds were transferred from Security Pacific (...continued) bond for federal income tax purposes. Suffice it to say our determination as to the date of issue would be the same under either version.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011