- 71 - Horst, supra–-were intrafamily donative transfers.43 If given effect for tax purposes, such intrafamily transfers would permit family members to “split” their incomes and avoid the progressive rate structure (a less pressing concern these days). In addition, because the transferred item never leaves the family group, the transferor may continue to enjoy the economic benefits of the item as though the transfer had never occurred. See Commissioner v. Sunnen, 333 U.S. 591, 608-610 (1948) (husband transferred patent licencing contracts to wife; husband’s indirect post-transfer enjoyment of royalty payments and other benefits received by wife a factor favoring decision that transfer was an invalid assignment of income); Helvering v. Clifford, 309 U.S. 331 (1940) (husband created short-term trust for wife’s benefit; intrafamily income-splitting possibilities required special scrutiny of arrangement, and husband’s continued 43 The statement of facts in the third Supreme Court decision relied on by the majority and the dissent of Judge Wisdom, Helvering v. Eubank, 311 U.S. 122 (1940), does not reveal whether the transfer at issue was intrafamily. However, the majority opinion in Eubank contains no independent analysis; it rests entirely on the reasoning of the Supreme Court’s opinion in the intrafamily transfer companion case of Helvering v. Horst, 311 U.S. 112 (1940). In addition, in Commissioner v. Sunnen, 333 U.S. 591, 602-603 (1948), the Supreme Court described Eubank, along with several other classic assignment of income cases, as part of the “Clifford-Horst line of cases”, all involving transfers within the family group. The Supreme Court in Sunnen further stated that “It is in the realm of intra-family assignments and transfers that the Clifford-Horst line of cases has peculiar applicability.” Commissioner v. Sunnen, 333 U.S. at 605.Page: Previous 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 Next
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