- 11 - characterization of the transaction herein. Resolution of whether a transaction is a loan depends in part on the intent of the parties. Litton Bus. Sys. Inc. v. Commissioner, 61 T.C. 367, 377 (1973). The value of a trial with full opportunity to observe the parties and their evidence is obvious. This is especially so when the question of intent is present. Preece v. Commissioner, 95 T.C. 594 (1990); Shiosaki v. Commissioner, 61 T.C. 861, 863-864 (1974). A conclusion as to a taxpayers' intent should not be reached without the benefit of a trial in which the demeanor of the witnesses can be observed and their credibility can be weighed. Shiosaki v. Commissioner, supra, at 863-864. In short, the issue is not ripe for summary adjudication. Petitioner's claim is, in effect, that the documentation controls the characterization. In order to grant petitioner's motion, we would have to accept petitioner's interpretation of the documents relating to the transaction, petitioner's understanding of the transaction as the understanding of all the parties, and petitioner's explanation of any apparent discrepancies. By petitioner's reasoning, Gregory v. Helvering, 293 U.S. 465 (1935), should have been resolved on a motion for summary judgment because the paperwork documented a reorganization. It is the substance of the transaction and not the form which must control the consequences for Federal tax purposes. University Country Club, Inc. v. Commissioner, 64 T.C. 460, 471 (1975).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011