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