New York Guangdong Finance, Inc. - Page 22




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          intent that the loan originate from GITIC.  Petitioner asserts              
          that the form of the transaction--that petitioner borrowed $2               
          million from GXE and paid interest to GXE on account of that                
          loan--should be disregarded in favor of the true substance of the           
          transaction.  Accordingly, petitioner would recast the GXE loan             
          transaction to reflect that petitioner borrowed an additional $2            
          million from GITIC, regardless of the fact that GXE signed the              
          loan agreement, distributed the net loan proceeds, and received             
          the interest payments.                                                      
               As a general rule, a taxpayer is bound by the form of the              
          transaction that the taxpayer has chosen.  Framatome Connectors             
          USA, Inc. v. Commissioner, 118 T.C. 32, 47 (2002), affd. 108 Fed.           
          Appx. 683 (2d Cir. 2004).  A taxpayer may argue that the                    
          substance of the transaction should prevail over its form only in           
          limited circumstances “where his tax reporting and actions show             
          an honest and consistent respect for the substance of a                     
          transaction.”  Estate of Weinert v. Commissioner, 294 F.2d 750,             
          755 (5th Cir. 1961), revg. and remanding 31 T.C. 918 (1959).  The           
          taxpayer “must provide objective evidence that the substance of             
          the transaction was in accord with the position argued by * * *             
          [the taxpayer] rather than the form set forth by all the relevant           
          documents.”  Groetzinger v. Commissioner, 87 T.C. 533, 541                  
          (1986); see also Commissioner v. Natl. Alfalfa Dehydrating &                
          Milling Co., 417 U.S. 134, 149 (1974) (“while a taxpayer is free            







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