-72- This case involves another attempt by a taxpayer to insulate himself from the incidence of taxation by means of paper armor. The question presented is whether a taxpayer may shape what is essentially an integrated purchase and trade-in transaction of new and used trucks into two separate transactions in order to recognize an immediate gain at capital gains rates and concomitantly to take a larger depreciation deduction from ordinary income. * * * [Redwing Carriers, Inc. v. Tomlinson, supra at 654.] The Court of Appeals then recited certain facts relevant to its resolving the foregoing issue, including the following, which it characterized as "indicia of transactional unity". Id. at 655. During 1958, 1959, and 1961, respectively, the taxpayer, a profitable trucking concern and a prestigious account for General Motors Corporation (G.M.C.) and White Motor Company (White), transferred title to 27, 36, and 14 used trucks to G.M.C., and at about the same time the taxpayer's wholly owned subsidiary acquired 28, 36, and 14 new trucks from G.M.C. Id. During 1959, transactions in like form were executed with White. Id. The taxpayer was in a strong bargaining position vis-a-vis G.M.C. and White. Consequently, it succeeded in having the form of each transfer by it of used trucks and each acquisition by its subsidiary of new trucks cast as a sale and a purchase, respectively. It also succeeded in having the aggregate price for such alleged sales set at an amount in excess of the aggregate fair market value of the used trucks that it transferred to G.M.C. and White and the aggregate price for such alleged purchases set at an amount in excess of the aggregatePage: Previous 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 Next
Last modified: May 25, 2011