Estate of Hilda F. Corbett, Deceased, Michael A. Sweeney, Administrator - Page 7

                                        - 7 -                                         
          fraud, duress, etc.”  Id. at 775 (the Danielson Rule).  In                  
          reaching its conclusion, the court cited several factors,                   
          including “whipsaw” problems the Government would encounter if              
          taxpayers could unilaterally disavow the form of their                      
          transactions for Federal tax purposes.  The U.S. Court of Appeals           
          for the Sixth Circuit, the circuit to which this case is                    
          appealable, has generally adopted the Danielson Rule.  See                  
          Schatten v. United States, 746 F.2d 319 (6th Cir. 1984).                    
               Not all circuits have adopted the Danielson Rule in cases              
          where taxpayers from the outset have taken tax reporting                    
          positions consistent with their view of the substance of the                
          transaction.  But it is generally accepted that taxpayers may not           
          execute a transaction in one form, file returns consistent with             
          that form, and then argue for an alternative tax treatment after            
          their returns are audited.  See, e.g., Little v. Commissioner,              
          T.C. Memo. 1993-281 (concluding that taxpayers “are entitled to             
          attack the form of their transaction only when their tax                    
          reporting and other actions have shown an honest and consistent             
          respect for what they argue is the substance of the                         
          transaction.”).                                                             
               In Estate of Durkin v. Commissioner, 99 T.C. 561 (1992),               
          supplementing T.C. Memo. 1992-325, we considered and rejected an            
          attempt by a taxpayer to disavow the form of, and previous tax              
          reporting relating to, a transaction.  The taxpayer in that case            
          engaged in two simultaneous transactions with an unrelated                  




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011