- 28 - U.S. 726, 738 (1989)); Gordon v. Commissioner, supra at 324 (citing Commissioner v. Court Holding Co., 324 U.S. 331, 334 (1945); Helvering v. Clifford, 309 U.S. 331, 334 (1940); Grif- fiths v. Helvering, 308 U.S. 355, 357-358 (1939); Professional Servs. v. Commissioner, 79 T.C. 888, 913 (1982)). While we are not required to sustain respondent's determina- tions solely because tax reasons affected the way in which petitioners structured the transaction, see Kornfeld v. Commis- sioner, T.C. Memo. 1996-472, petitioners have the burden of proving that respondent's determinations are erroneous, Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Where, as here, the parties to the transactions are related, the level of skepticism as to the form of the transaction is heightened, "because of the greater potential for complicity between related parties in arranging their affairs in a manner devoid of legiti- mate motivations." Vaughn v. Commissioner, 81 T.C. 893, 908 (1983) (citing Bowen v. Commissioner, 78 T.C. 55, 78 (1982), affd. 706 F.2d 1087 (11th Cir. 1983)). We have confronted this same issue several times before in a variety of contexts. In deciding these cases, we have undertaken an intensely factual analysis of the substance of each transaction. See, e.g., Kornfeld v. Commissioner, T.C. Memo. 1996-472; Gordon v. Commissioner, supra at 326-327; Lomas Santa Fe, Inc. v. Commissioner, 74 T.C. at 681. Therefore, we believe a brief review of the cases previously decided will paint a morePage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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