- 29 - the objective facts, notwithstanding the labels that were attached to the payments for Israeli tax and reporting purposes. * * * They then cite United States v. Goodyear Tire & Rubber Co., 493 U.S. 132 (1989), and LDS, Inc. v. Commissioner, T.C. Memo. 1986- 293, as support for their position. We conclude, however, that petitioners by this statement essentially concede that the payment transactions were previously presented with a “form” or “label” other than dividend distribution. We further note that their reliance on the cited cases to minimize the importance of this fact is misplaced. United States v. Goodyear Tire & Rubber Co., supra, simply decided that the statutory term “accumulated profits” should be defined according to domestic tax principles and did not raise or consider a taxpayer’s ability to disavow form. LDS, Inc. v. Commissioner, supra, addressed whether transfers of property to a corporation constituted debt or capital contributions and explicitly confined willingness to look beyond “labels” to this narrow context. The Court explained: “‘where the nature of a taxpayer’s interest in a corporation is in issue, courts may look beyond the form of the interest and investigate the substance of the transaction. These situations present an exception to the general proposition that a shareholder/taxpayer is bound by the form of her transaction.’” Id. (quoting Selfe v. United States, 778 F.2d 769, 774 (11th Cir. 1985)). Similarly, “‘while aPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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