- 8 - 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 FederalPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011