- 55 - 293 U.S. 465 (1935). The objective economic realities of a transaction control the tax consequences of a given transaction rather than the particular form the parties employed. E.g., Frank Lyon Co. v. United States, supra at 572-573; Commissioner v. Court Holding Co., supra at 334; Estate of Franklin v. Commissioner, 64 T.C. 752 (1975), affd. on other grounds 544 F.2d 1045 (9th Cir. 1976). As the Court of Appeals for the Seventh Circuit has noted: The freedom to arrange one's affairs to minimize taxes does not include the right to engage in financial fantasies with the expectation that the Internal Revenue Service and the courts will play along. The Commissioner and the courts are empowered, and in fact duty-bound, to look beyond the contrived forms of transactions to their economic substance and to apply the tax laws accordingly. [Saviano v. Commissioner, 765 F.2d 643, 654 (7th Cir. 1985), affg. 80 T.C. 955 (1983).] After reviewing the record in the instant cases, we agree in substance with respondent that JDP did not pay the $360,000 contract fee for research or experimentation to be conducted by HJI on JDP's behalf. Rather, for the reasons discussed below, we conclude that the moneys JDP remitted to HJI for the putative research or experimentation, in actuality, were paid for the limited partners' right to participate in the jojoba farming enterprise being operated by HJI in Hyder, Arizona. We are convinced that, from the inception of JDP, rather than being a stand-alone operation, Turtleback I functioned and was viewed as part of one integrated jojoba farming operation conducted by HJI.Page: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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