Norwest Corporation and Subsidiaries, Successor in Interest to United Banks of Colorado, Inc., and Subsidiaries, et al. - Page 58

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          because “for tax reporting and other purposes, * * * [the                   
          taxpayer] consistently treated the transfer as a gift.”  Id. at             
          1431.  This Court, pursuant to the doctrine enunciated in Golsen            
          v. Commissioner, 54 T.C. 742, 756-757 (1970), affd. 445 F.2d 985            
          (10th Cir. 1971), followed what it perceived to be the principles           
          established in Comdisco, Inc. v. United States, 756 F.2d 569, 578           
          (7th Cir. 1985).  Nothing in Comdisco, however, makes honest and            
          consistent respect for the substance of a transaction in tax                
          reporting and other actions a condition precedent to a taxpayer’s           
          right to disavow the form of a transaction.  Indeed, the Court of           
          Appeals for the Seventh Circuit quoted Estate of Weinert v.                 
          Commissioner, supra at 755, and applied the reasoning and rule              
          expressed in that case, without expanding or altering the Fifth             
          Circuit's statement.  Comdisco, Inc. v. United States, supra at             
          578.  If honest and consistent respect for the substance of a               
          transaction were a precondition to a taxpayer’s disavowing the              
          form of a transaction, the Danielson rule or our own “strong                
          proof” standard, see, e.g., Meredith Corp. & Subs. v.                       
          Commissioner, supra at 438 (“strong proof” required to show that            
          an allocation of consideration is other than that specified in a            
          contract), would be beside the point in any case where such                 
          condition was not met.  We have not, however, gone that far, but            
          have listed the taxpayer’s honest and consistent respect for the            
          substance of a transaction in tax reporting and other actions as            
          but one of at least four factors to be considered in determining            




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