Jacob and Chana Pinson, et al. - Page 27




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          F.2d 303 (3d Cir. 1987).  In determining whether a taxpayer may             
          attempt to disavow the form adopted for a transaction, this Court           
          has considered at least four factors:  (1) Whether the taxpayer             
          seeks to disavow his or her own tax return treatment for the                
          transaction; (2) whether the taxpayer’s tax reporting and other             
          actions show an honest and consistent respect for the alleged               
          substance of the transaction; (3) whether the taxpayer is                   
          unilaterally attempting to have the transaction treated                     
          differently after it has been challenged; and (4) whether the               
          taxpayer will be unjustly enriched if permitted to alter the                
          transactional form.  See Taiyo Hawaii Co. v. Commissioner, 108              
          T.C. 590, 601-602 (1997); Estate of Durkin v. Commissioner, supra           
          at 574-575; FNMA v. Commissioner, 90 T.C. 405, 426-427 (1988),              
          affd. 896 F.2d 580 (D.C. Cir. 1990); Illinois Power Co. v.                  
          Commissioner, 87 T.C. 1417, 1430 (1986); Little v. Commissioner,            
          T.C. Memo. 1993-281, affd. 106 F.3d 1445 (9th Cir. 1997); Norwest           
          Corp. v. Commissioner, supra at 144-146.                                    
               If a taxpayer is not precluded from arguing that substance,            
          as opposed to form, should control tax consequences, he or she              
          must then establish the claimed substance of the transaction                
          under a heightened burden of proof.  See Norwest Corp. v.                   
          Commissioner, supra at 140, 144; Estate of Durkin v.                        
          Commissioner, supra at 572-574; Illinois Power Co. v.                       
          Commissioner, supra at 1434; Little v. Commissioner, supra.  This           






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