Earle E. Murphy - Page 13

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            minutes contain the following statement:  "A new corporation                               
            would be formed in the State of New York and the old corporations                          
            will be dissolved."  The minutes of the June 11, 1988, meeting                             
            state:  "Signed was [sic] the intent to disolve [sic] both the                             
            above corporations to save taxes."  In addition, petitioner's                              
            individual return for 1988 and FSRC's corporate return indicate                            
            that this intent was actually carried out.  Furthermore, under                             
            identical circumstances, petitioner has conceded that he intended                          
            to liquidate DHF.  Second, FSRC had a continuing purpose to                                
            liquidate; i.e., its long-running feud with Howell Township made                           
            it exceedingly difficult for FSRC to continue with its business.                           
            Finally, FSRC's actions, including selling corporate property,                             
            filing final returns, making liquidating distributions, and                                
            dissolving under state law, all unequivocally demonstrate that                             
            the corporation's activities were directed and confined to                                 
            liquidating the corporation.                                                               
                  Although he originally reported the transactions at issue as                         
            liquidations, petitioner now seeks to disavow his original form.                           
            Taxpayers are free to structure their transactions in a manner                             
            that will result in their owing the least amount of tax possible.                          
            This is the essence of effective tax planning.  However, as the                            
            Supreme Court observed in Commissioner v. National Alfalfa                                 
            Dehydrating & Milling Co., 417 U.S. 134, 149 (1974):                                       

                  [W]hile a taxpayer is free to organize his affairs as                                
                  he chooses, nevertheless, once having done so, he must                               




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