- 22 - 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 freePage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NextLast modified: March 27, 2008