Marcos Eliseo and Teodora C. Escobar De Paz, et al. - Page 8




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          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 two                  







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