- 29 - subject to a single level of tax, assuming the shareholders include the patronage distributions in income. Gold Kist Inc. v. Commissioner, supra at 714. Petitioner purchased products from vendors and Western and resold them to member and nonmember stores for a profit. Ordinarily, petitioner would distribute the patronage income to the shareholders who own member stores and retain the nonpatronage income. Petitioner asserts that the cash it provided to the vendors at the annual food show from check transactions and promotional accounts should not be included in its income because it held these funds as a nontaxable intermediary. Respondent argues that this cash was income to petitioner, and that the food show cash payments to members were merely part of a scheme to bypass the patronage dividend rules by way of the vendors. To resolve this issue, we must examine the facts and circumstances of the case. Angelus Funeral Home v. Commissioner, 47 T.C. at 395; Seven-Up Co. v. Commissioner, supra at 977; The economic substance of a transaction, rather than the form in which it is cast, is controlling for Federal income tax purposes; thus, courts may pierce the form of a transaction and tax the substance. Griffiths v. Helvering, 308 U.S. 355, 356-357 (1939); Gregory v. Helvering, 293 U.S. 465, 469 (1935). The underlying philosophy of the "substance over form" doctrine is to prevent taxpayers from attempting to subvert the taxing statutesPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011