Jacob and Chana Pinson, et al. - Page 29




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               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 a                  






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