Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 147

                                                -224-                                                   
            Thus, the first issue in these cases is a simple one:  Did                                  
            Kanter, Ballard, and Lisle earn the payments from The Five?                                 
            B.  The Assignment of Income Doctrine                                                       
                  In United States v. Basye, 410 U.S. 441, 450 (1973), the                              
            Supreme Court reiterated the longstanding principle that income                             
            is taxed to the person who earns it, stating:  “The principle of                            
            Lucas v. Earl, [281 U.S. 111, 115 (1930)], that he who earns                                
            income may not avoid taxation through anticipatory arrangements                             
            no matter how clever or subtle, has been repeatedly invoked by                              
            this Court and stands today as a cornerstone of our graduated                               
            income tax system.”  For a more recent formulation of this                                  
            principle, see Commissioner v. Banks, 543 U.S. 426 (2005)                                   
            (holding a contingent-fee agreement should be viewed as an                                  
            anticipatory assignment to the attorney of a portion of the                                 
            client’s income from any litigation recovery).                                              
                  When payments are remitted to a corporation, as is the case                           
            here, a question may arise whether the corporate entity earned                              
            the income.  Generally, a corporate entity will be recognized for                           
            tax purposes.  In Moline Props. Inc. v. Commissioner, 319 U.S.                              
            436, 438-439 (1943), the Supreme Court established the following                            
            test for determining whether a corporation will be recognized as                            
            a separate taxable entity:                                                                  
                        The doctrine of corporate entity fills a useful                                 
                  purpose in business life.  Whether the purpose be to                                  
                  gain an advantage under the law of the state of                                       
                  incorporation or to avoid or to comply with the demands                               





Page:  Previous  214  215  216  217  218  219  220  221  222  223  224  225  226  227  228  229  230  231  232  233  Next

Last modified: May 25, 2011