Estate of Albert Strangi - Page 41




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               Although my approach to the case at hand employs a step-               
          transaction analysis, which is a variant of substance over form,            
          I do not use that analysis to conclude anything about fair market           
          value.  Instead, I use it to identify the property whose transfer           
          is subject to tax.  Step-transaction analysis has often been used           
          in transfer tax cases to identify the transferor or the property            
          transferred.                                                                
               The step-transaction doctrine is a judicially created                  
          concept that treats a series of formally separate “steps” as a              
          single transaction if those steps are “in substance integrated,             
          interdependent and focused toward a particular end result.”                 
          Penrod v. Commissioner, 88 T.C. 1415, 1428 (1987).  The most far-           
          reaching version of the step-transaction doctrine, the end-result           
          test, applies if it appears that a series of formally separate              
          steps are really prearranged parts of a single transaction that             
          are intended from the outset to reach the ultimate result.  See             
          Penrod v. Commissioner, 88 T.C. at 1429, 1430 (citing Helvering             
          v. Alabama Asphaltic Limestone Co., 315 U.S. 179 (1942); South              
          Bay Corp. v. Commissioner, 345 F.2d 698 (2d Cir. 1965); Morgan              
          Manufacturing Co. v. Commissioner, 124 F.2d 602 (4th Cir. 1941);            


               1(...continued)                                                        
          1255 (7th Cir. 1988), the magic marker the Guligs used to paint             
          the mustache on the Mona Lisa was filled with disappearing ink.             
          However, the discussion in the text is presented as an                      
          alternative to a factual sham analysis.                                     






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