-117- business objectives, as well as the complexities of the transaction itself. B. General Legal Principles It is well established that the “incidence of taxation depends upon the substance of a transaction” rather than its mere form. Commissioner v. Court Holding Co., 324 U.S. 331, 334 (1945). In determining the substance of a transaction for Federal tax purposes, we are guided by the foundational principles that the U.S. Supreme Court stated in Gregory v. Helvering, 293 U.S. 465, 469 (1935): “The legal right of a taxpayer to decrease the amount of what otherwise would be his taxes, or altogether avoid them, by means which the law permits, cannot be doubted. * * * But the question for determination is whether what was done, apart from the tax motive, was the thing which the statute intended.” See also Knetsch v. United States, 364 U.S. 361, 365 (1960); Commissioner v. Court Holding Co., supra at 334. Under Gregory v. Helvering, supra, “it is immaterial whether we are talking about ‘substantial economic reality,’ ‘substance over form,’ ‘sham’ transactions, or the like; rather the question is whether under the statute and regulations here involved the transaction affects a beneficial interest other than the reduction of taxes.” United States v. Ingredient Tech. Corp., 698 F.2d 88, 94 (2d Cir. 1983).Page: Previous 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 Next
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