-223- Helvering, 293 U.S. at 469, “the substance of transactions is to be determined uniformly in relation to the meaning and intendment” of the Federal tax laws. Weller v. Commissioner, 270 F.2d 294, 298 (3d Cir. 1959), affg. 31 T.C. 33 and Emmons v. Commissioner, 31 T.C. 26 (1958); see also Jacobson v. Commissioner, 96 T.C. 577, 590 (1991), affd. 963 F.2d 218 (8th Cir. 1992). In enacting subchapter K, Congress adopted an aggregate rule for contributed property. In other words, Congress required partners to divide the gain or loss, depreciation, or depletion with respect to contributed property among the partners in a manner which attributes precontribution appreciation or depreciation in value to the contributor. H. Conf. Rept. 2543, 83d Cong., 2d Sess., at 58 (1954). In enacting this aggregate rule, however, Congress did not envision contributions to a partnership made solely for the purpose of subsequently 166(...continued) Having satisfied the formal requirements of what it sees as the applicable rules, SuCrest urges us to understand its elaborate machinations as a legitimate ploy to hold down taxes and directs us to the maxim that a person is entitled to arrange his taxes so as to pay only that which is due. But, of course, the taxpayer is not permitted to avoid taxes which are due and the invocation of the phrase tells us nothing about what must ultimately be rendered unto the I.R.S. any more than Socrates solved the thorny problems of justice by defining it to require that we give every person his due. [United States v. Ingredient Tech. Corp., 698 F.2d 88, 94 (2d Cir. 1983).]Page: Previous 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 Next
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