United Parcel Service of America - Page 68




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          Lucas v. Earl, supra; Leavell v. Commissioner, 104 T.C. 140                 
          (1995).  The Supreme Court's articulation of the assignment of              
          income doctrine requires no challenge to the separate existence             
          of the persons or entities to which the doctrine applies.  As the           
          Court stated:                                                               
               The entity earning the income--whether a partnership or                
               an individual taxpayer--cannot avoid taxation by                       
               entering into a contractual arrangement whereby that                   
               income is diverted to some other person or entity.                     
               Such arrangements, known to the tax law as                             
               "anticipatory assignments of income," have frequently                  
               been held ineffective as means of avoiding tax                         
               liability. * * *  [United States v. Basye, supra at                    
               449-450.]                                                              
          Therefore, the issue we must decide is whether petitioner, rather           
          than NUF and OPL, earned the EVC's.                                         
               During the years prior to 1984, petitioner properly reported           
          revenues from EVC's as income for Federal income tax purposes.              
          During those years petitioner performed the following EVC                   
          functions and activities:                                                   
               1.   Maintained and advertised the shipping activity,                  
                    which provided a customer base for petitioner's                   
                    excess value activity.                                            
               2.   Printed shipping forms with an excess value election.             
               3.   Published excess value rates in tariffs.                          










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