Investment Research Associates - Page 184




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         income doctrine.  It is still possible that a taxpayer could                  
         assign the receipt of income earned to a viable corporation in an             
         attempt to avoid the tax liability for that income.  This would               
         violate the general principle that income is taxable to the                   
         person who earns it.  See United States v. Basye, supra at                    
         449-450; Helvering v. Horst, 311 U.S. 112, 119 (1940); Lucas v.               
         Earl, supra at 114-115.  Additionally, section 482 authorizes the             
         Secretary to apportion or allocate income between organizations               
         controlled by the same interests if he determines that such                   
         distribution, apportionment, or allocation is necessary in order              
         to prevent evasion of taxes or clearly to reflect the income of               
         any such organizations.                                                       
         1.   Sham Corporations                                                        
              Respondent asserts that IRA, its subsidiaries Carlco, TMT,               
         and BWK, Inc., and Holding Co. were sham or dummy corporations                
         that should not be recognized as separate taxable entities.  We               
         agree.                                                                        
              Although taxpayers have the right to mold their business                 
         transactions in such a manner as to minimize the incidence of                 
         taxation, United States v. Cumberland Pub. Serv. Co., 338 U.S.                
         451 (1950), the Government is not required to acquiesce in the                
         form chosen by taxpayers for doing business.  If the form is                  
         unreal and a sham, the fiction may be disregarded for purposes of             
         the tax statutes.  See Higgins v. Smith, supra; Gregory v.                    






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