Michael Ferguson and Valene Ferguson - Page 23

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          (and, derivatively, the donees) in those cases “had virtually no            
          control over the course of events once the corporation's plan of            
          complete liquidation had been adopted”); Palmer v. Commissioner,            
          62 T.C. at 695 (noting that shareholder vote approving redemption           
          did not occur prior to gift and that donee possessed sufficient             
          voting power to prevent redemption, we distinguished Hudspeth v.            
          United States, 471 F.2d 275 (8th Cir. 1972), and Kinsey v.                  
          Commissioner, supra, and stated, “at the time of the gift, the              
          redemption had not proceeded far enough along for us to conclude            
          that the foundation was powerless to reverse the plans of the               
          petitioner”).  We found that there was no fixed right to income             
          in either a legal or an economic sense prior to the gift of the             
          currency contracts, and, therefore, the gift was not an                     
          anticipatory assignment of income.                                          
               An examination of the cases that discuss the anticipatory              
          assignment of income doctrine reveals settled principles.  A                
          transfer of property that is a fixed right to income does not               
          shift the incidence of taxation to the transferee.  The reality             
          and substance of a transfer of property govern the proper                   
          incidence of taxation and not formalities and remote hypothetical           
          possibilities.  In determining the reality and substance of a               
          transfer, the ability, or the lack thereof, of the transferee to            
          alter a prearranged course of disposition with respect to the               
          transferred property provides cogent evidence of whether there              
          existed a fixed right to income at the time of transfer.                    




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