- 258 - 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.Page: Previous 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 Next
Last modified: May 25, 2011