Consolidated Manufacturing, Inc., M. P. Long Living Trust, Merl Philip Long, Trustee, Tax Matters Person - Page 72

                                        -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 aggregate               





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