- 28 - The taxpayer too has a right to assert the priority of substance --at least in a case where his tax reporting and actions show an honest and consistent respect for the substance of a transaction. Estate of Weinert v. Commissioner, supra at 755. The taxpayer’s right to assert the primacy of substance over form is the law of the Fifth Circuit that is binding precedent in the Eleventh Circuit, to which this case would be appealable if it were not a small tax case. See Shepherd v. Commissioner, 283 F.3d 1258, 1262 n.6 (11th Cir. 2002), affg. 115 T.C. 376 (2000).11 We examine the particular transactions at issue to determine whether the form used by ATV and Mr. Cutts reflects the substance of what was accomplished. United States v. Ingalls, supra, addressed the setoff question in a pre-section 7872 context. The question in Ingalls was whether the compromise of an employment contract claim was legally effective to defer income over the compromise period. The taxpayer was a shareholder in a family-owned corporation. The taxpayer had borrowed heavily from the corporation prior to entering into a long-term employment contract with the corporation. The shareholders got into a dispute over the validity of the employment contract and the amount of debt the 11 Because any appeal in this case, if it were permissible, would lie to the Court of Appeals for the Eleventh Circuit, we follow the precedent established in that Circuit. See Golsen v. Commissioner, 54 T.C. 742, 756-757 (1970), affd. 445 F.2d 985 (10th Cir. 1971).Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011