Jerry and Patricia A. Dixon, et al. - Page 132

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               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”.              







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