Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 146

                                        -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).]                                





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