- 20 - Even if alternative explanations are available to account for the results of a transaction, this Court will not disregard the form of the transaction if it accounts for the transaction at least as well as alternative recharacterizations.14 This is particularly true in cases that deal with public companies. As we stated in Esmark, Inc. & Affiliated Cos. v. Commissioner, supra at 183: "Congress enacted a statute under which tax consequences are dictated by form; to avoid those consequences, respondent must demonstrate that the form chosen by petitioner was a fiction that failed to reflect the substance of the transaction." (Emphasis added.) In all the cases cited to us where this Court adopted a substance-over-form argument, a desire to gain a tax benefit, through the use of meaningless steps or some other tax fiction,15 was present. Respondent can point to no such tax fiction or 14See Grove v. Commissioner, 490 F.2d 241 (2d Cir. 1973), affg. T.C. Memo. 1972-98; Carrington v. Commissioner, 476 F.2d 704, 709 (5th Cir. 1973), affg. T.C. Memo. 1971-222. 15For an example of a transaction that was considered to be a tax fiction by the Supreme Court, see Knetsch v. United States 364 U.S. 361 (1960). That case is authority for the proposition that the Commissioner * * * [may] disregard transactions which are designed to manipulate the Tax Code so as to create artificial tax deductions [benefits]. They do not allow the Commissioner to disregard economic transactions, * * * which result in actual, non tax- related changes in economic position. [Northern Ind. Pub. Serv. Co. & Subs. v. Commissioner, 115 F.3d 506, 512 (7th Cir. 1997), affg. 105 T.C. 341 (1995).]Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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