- 108 -
adequately protect its interest or was swindled by petitioners’
sons does not affect the value of what petitioners transferred to
CFT.
The majority prudently avoid using the substance over form,
violation of public policy, or realistic possibility of receipt
doctrines as support for their holding. The majority, however,
disregard the assignment agreement, other established facts, and
applicable case law in order to support a line of analysis and
conclusion that even respondent did not advocate. We are not
responsible for protecting the fisc. Rather, our role and duty
are to interpret and adhere to the rule of law–-even if
uncomfortable with the result.
CHIECHI, J., agrees with this concurring in part and
dissenting in part opinion.
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