- 53 - 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.Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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