- 453 - Prior to the years in question, Pamela Osowski (Osowski) was Kanter's secretary. At some time, she also worked for Film Writers Corp. Administration Co. transferred money to Osowski during 1984 and 1985 by check and wire transfer. The checks contained the notation "loan". A document entitled "WIRE TRANSFER RECORD" also contained the notation "loan", but did not indicate from what account the alleged wire transfer was made. Kanter acquired the Osowski note from Administration Co. on March 31, 1987, for $16,625. Classic Custom Furniture was owned by Meyers' husband. Administration Co. transferred funds by check and wire transfer to the account of Classic during 1984 and 1985, and Classic transferred funds by check to Administration Co. during 1984 through 1987. OPINION I. Legal Principles A. Bona Fides of a Transaction for Tax Purposes It is a well-settled principle of tax law that labels or classifications affixed by the parties to a transaction do not control for tax purposes. If the form of a transaction reflects its substance, and the sole purpose of the transaction is not tax avoidance, generally the transaction will be recognized for Federal tax purposes. See Gregory v. Helvering, 293 U.S. 465 (1935). A transaction that has genuine economic substance andPage: Previous 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 Next
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