- 8 - owner-operators are represented to Interstate’s insurance carrier as leased trucks. Petitioners contend that the owner-operators were engaged in two separate activities: (1) Leasing of their trucks to the carrier companies for a rental which is the equivalent of their expenses; and (2) providing the service of driving the trucks for wages. Respondent contends that petitioners engaged in a single activity; namely, providing transportation of cargo for the carriers by use of their own vehicle. In this context, we must determine whether the leases had independent significance so as to give rise to a separate business activity. Labels used in formal written documents do not necessarily control the tax consequences of a given transaction. See Frank Lyon Co. v. United States, 435 U.S. 561, 573 (1978). This Court may look to the substance of the transaction in order to determine the correct tax consequences. It is well established that the economic substance of a transaction, rather than its form, controls for Federal tax purposes. See Gregory v. Helvering, 293 U.S. 465 (1935). Thus the fact that the documents state that the transactions are leases does not govern, and this Court must consider the substance of the transactions between the owner-operators and the carriers. After a careful review of this record, we conclude that petitioners did not engage in twoPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011