- 454 - conforms with business realities will be respected for tax purposes. See Frank Lyon Co. v. United States, 435 U.S. 561, 584-585 (1978). B. Section 267 Section 267 and its predecessors were enacted to correct what Congress considered the abusive and frequently employed practice of creating losses for purposes of avoiding income taxes through transactions between related persons and groups. Because of the identity of economic interests of such parties and the control taxpayers had over the persons or entities involved, the transfers were usually not thought to result in economically genuine realization of loss. See McWilliams v. Commissioner, 331 U.S. 694, 699 (1947); H. Rept. 704, 73d Cong., 2d Sess., 1939-1 C.B. (Part 2) 554, 571. To prevent tax avoidance, Congress, in section 267 and its statutory predecessors, denied deductions for losses on all sales or exchanges between specified related persons, regardless of such persons' subjective intent. Thus, where section 267 is applicable, it is immaterial whether the particular transaction involved is a bona fide, arm's-length transaction. See McWilliams v. Commissioner, supra. Generally, section 267(a) provides that no deduction shall be allowed for any loss realized from the sale or exchange of property between related persons or entities. Included among the relationships are transactions between members of a family andPage: Previous 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 Next
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