Estate of Hilda F. Corbett, Deceased, Michael A. Sweeney, Administrator - Page 8

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          individual involving (1) the taxpayer’s purchase of property and            
          (2) the taxpayer’s sale of stock.  The parties allocated the                
          consideration exchanged in the two transactions in a manner that            
          minimized tax liability.  The allocations, however, did not                 
          reflect economic reality.  On audit, the Commissioner determined            
          that the taxpayer had purchased the property at a bargain price             
          and that the bargain element should be treated as a constructive            
          dividend.  Implicitly acknowledging the validity of the                     
          Commissioner’s position, the taxpayer sought to recharacterize              
          the purchase as a stock redemption, which would have had the                
          effect of converting ordinary income to capital gain.                       
               The Court cited three reasons for rejecting the taxpayer’s             
          argument: (1) The taxpayer sought to disavow its own tax return             
          treatment of the transaction; (2) the taxpayer’s tax reporting              
          and actions did not show “an honest and consistent respect for              
          the substance of * * * [the] transaction”; and (3) the taxpayer             
          was unilaterally attempting to have the transaction treated                 
          differently after it had been challenged by the Commissioner.               
          Id. at 574-575 (quoting Estate of Weinert v. Commissioner, 294              
          F.2d 750, 755 (5th Cir. 1961), revg. and remanding 31 T.C. 918              
          (1959)).                                                                    
               The circumstances in the present case are similar to those             
          in Estate of Durkin v. Commissioner, supra.  First, petitioner              
          seeks to disavow its own tax return treatment of the transaction.           
          From 1986-90, James and Hilda deducted on their joint Federal               




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