- 95 - We therefore reject respondent’s assertion of substance over form. We shall instead apply to respondent the nondisavowal principle of Commissioner v. Natl. Alfalfa Dehydrating & Milling Co., supra at 149, that a party who has chosen to organize his affairs in a certain fashion “must accept the tax consequences of his choice, whether contemplated or not * * * and may not enjoy the benefit of some other route he might have chosen to follow but did not.” We believe the settlement of the Thompsons’ 1979- 1981 deficiencies must be applied by giving effect to their receipt of the entire amount of the refunds, rather than by disregarding such receipt as a mere formality in the process of what was, in substance, respondent’s manipulation of the tax administrative process to use the Thompsons as a conduit to pay DeCastro’s fees. We are not content to rest our conclusion solely by invoking the nondisavowal principle to hold respondent to the form of the transaction. To do so might give rise to the implication that we have disregarded the substance of the transaction. If we did no more than disregard the substance of the Thompson settlement by upholding its form, respondent might well impeach our conclusion by arguing that we thereby would have disregarded the mandate of the Court of Appeals for the Ninth Circuit to put all petitioners “in the same position as provided in the Thompson settlement”.Page: Previous 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 Next
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