Cluster 109049

See Commissioner v. Nat’l Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974) (“[W]hile a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he 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.”). 3.

Williams Co. v. Commissioner, 429 U.S. 569, 579 (1977) (quoting, Commissioner v. National Alfalfa Dehydrating, 417 U.S. 134, 148-49 (1974) (“[A] transaction is to be given its tax effect in accord with what actually occurred and not in accord with what might have occurred.”).

See, e.g., Commissioner v. National Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 , 94 S.Ct. 2129, 2137 , 40 L.Ed.2d 717, 727 (1974) (“while a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he must accept the tax consequences of his choice, whether contemplated or not”); Moline Properties, Inc. v. Commissioner, 319 U.S. 436, 438-39 , 63 S.Ct. 1132, 1134 , 87 L.Ed. 1499, 1502-03 (1943); Higgins v. Smith, 308 U.S. 473, 477 , 6…

Id. at 423 ; see also Commissioner v. Nat'l Alfalfa Dehydrating & Milling Co. , 417 U.S. 134 , 149 , 94 S. Ct. 2129 , 40 L.

See Commissioner v. National Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 , 94 S.Ct. 2129 , 40 L.Ed.2d 717 (1974) (“[W]hile a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he must accept the tax consequences of his choice, whether contemplated or not.”) (citing Higgins, 308 U.S. at 477 , 60 S.Ct. 355 ; Gregory, 293 U.S. at 469 , 55 S.Ct. 266 ; Old Mission Portland Cement Co. v. Helvering, 293 U.S. 289, 293 , 55 S.Ct. 158 ,…

Memo. 1986-449 , 1986 Tax Ct. Memo LEXIS 158 at * 43 , aff'd without published opinion , 976 F.2d 737 (9th Cir. 1992) ; see Commissioner v. Nat'l Alfalfa Dehydrating & Milling Co. , 417 U.S. 134 , 149 ↩ (1974) ("[W]hile a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he must accept the tax consequences of his choice, whether contemplated or not[.]"). 6.

Alfalfa Dehydrating & Milling Co., 417 U.S. 134 , 148-149 , 94 S. Ct. 2129 , 40 L.

Alfalfa Dehydrating , 417 U.S. 134 , 149 , 94 S. Ct. 2129 , 40 L.

See, e.g., Commissioner v. National Alfalpha Dehydrating & Milling Co., 417 U.S. 134, 148-49 , 94 S.Ct. 2129, 2137 , 40 L.Ed.2d 717 (1974) ("This Court has observed repeatedly that, while a taxpayer is free to organize his own affairs as he chooses, nevertheless, once having done so, he must accept the tax consequences of his choice_"); Spector v. Commissioner, 641 F.2d 376, 381 (5th Cir.1981) (“[A]s a general rule, [the IRS] may bind a taxpayer in the form in which the taxp…

Ed. 2d 717 , 94 S. Ct. 2129 (1974) ("while a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he 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 *255 to follow but did not"); Estate of Rosenblatt v. Commissioner, T.C.

Alfalfa Dehydrating & Milling Co. , 417 U.S. 134 , 149 , 94 S. Ct. 2129 , 40 L.

The Supreme Court, however, has said this right is a two-way street since “while a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he 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.” Commissioner v. Nat’l Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974); see also id. at 148 (referring to “the es…

Commissioner v. Nat’l Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974).

Memo. 2013-168 , at *16–17 (footnote omitted) (quoting Commissioner v. Nat’l Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974)).

USA 23 Comm’r v. Nat’l Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974).

Thus, there was no issue relating to whether the corporation’s characterization bound the recipient. 14 [*14] States, 730 F.2d 718, 720 (11th Cir. 1984); 12 see Commissioner v. Nat’l Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974).

A taxpayer, although free to structure his transaction as he chooses, “once having done so, he must accept the 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.” Comm’r v. National Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974) (citations omitted).

Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974)) (internal quotation marks omitted).

Reserve could have reported the transactions with Peak on its tax returns as the receipt of capital contributions, but it did not do so. “[W]hile a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he must accept the tax consequences of his choice, whether 71 Appellate Case: 18-9011 Document: 010110683986 Date Filed: 05/13/2022 Page: 72 contemplated or not, and may not enjoy the benefit of some other route he might have chosen to foll…

Memo. 1965-84 . “[W]hile a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he must accept the tax consequences of his choice, whether contemplated or not.” Commissioner v. Nat’l Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974).

Memo. 1965-84 . “[W]hile a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he must accept the tax consequences of his choice, whether contemplated or not.” Commissioner v. Nat’l Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974).

Comm’r v. Nat’l Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974); see also Wilkin v. United States, 809 F.2d 1400, 1402 (9th Cir. 1987) (holding that it was of no consequence that Wilkin’s penalty would have been lower had he bought securities as a limited partner of a foreign partnership because he “did not in fact do so”).

Commissioner v. Nat’l Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974); CMI Int’l, Inc. v. Commissioner, 113 T.C. 1, 4 (1999) (“Generally, taxpayers are bound to the form of their transaction.”).

Commissioner v. Nat’l Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974); CMI Int’l, Inc. v. Commissioner, 113 T.C. 1, 4 (1999) (“Generally, taxpayers are bound to the form of their transaction.”).

To the extent the bankruptcy court’s opinion were thought to have any relevance here, we are unpersuaded by its analysis. - 166 - in its intangible assets, including what petitioner calls “marketing intangibles.” “[W]hile a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he must accept the tax consequences of his choice.” Commis- sioner v. Nat’l Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974).52 52 Whereas respondent urg…

As the Supreme Court has stated: “[W]hile a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he must accept the tax consequences of his choice, whether contemplated or not.” Commissioner v. Nat’l Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974); see Maloof v. Commissioner, 456 F.3d at 651 (“[A]s a general rule, courts will deem the form of a transaction to reflect its substance.”); Television Indus., Inc. v. Commissioner, …

That being so, - 51 - petitioners cannot plausibly contend that Whirlpool Luxembourg “performed no sales activities.” “[W]hile a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he accepts the tax consequences of his choice.” Commissioner v. Nat’l Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974).12 2.

Commissioner v. Nat’l Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974); Selfe v. United States, 778 F.2d 769, 773 (11th Cir. 1985).

The Petersons have presented no proof of mistake, undue influence, fraud, or duress that would release Peterson from her Family Program and Futures Program Agreements with Mary Kay. 40 Case: 14-15773 Date Filed: 07/08/2016 Page: 41 of 87 Co., 417 U.S. 134, 149 , 94 S. Ct. 2129, 2137 (1974) (“This Court has observed repeatedly that, while a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he must accept the tax consequences of his cho…

The Petersons have presented no proof of mistake, 40 Case: 14-15774 Date Filed: 05/24/2016 Page: 41 of 87 134, 149, 94 S. Ct. 2129, 2137 (1974) (“This court has observed repeatedly that, while a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he 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.” (citations omitted…

Commissioner v. Nat’l Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974). 5.

Commissioner v. Nat’l Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974). 5.

Williams Co. v. Commissioner, 429 U.S. 569, 579 (1977) (quoting Commissioner v. Nat’l Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 148-149 (1974)).

It is well settled, “while a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he must accept the tax consequences of his choice.” General Trading Co. v. Director, Div. of Taxation, 83 N.J. 122, 136-37 , 416 A.2d 37 (1980) (citing Commissioner v. National Alfalfa Dehydrating and Milling Co., 417 U.S. 134, 149 , 94 S.Ct. 2129, 2137 , 40 L.Ed.2d 717, 727 (1974)).

Williams Co. v. Commissioner, 429 U.S. 569, 579-580 (1977) (quoting Commissioner v. Nat’l Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 148-149 (1974)).

We do not accept this testimony as the credible evidence in the record disproves it. - 46 - chosen to follow but did not.” Commissioner v. Nat’l Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974) (citations omitted); see also Wilkin v. United States, 809 F.2d 1400, 1402 (9th Cir. 1987); Lomas Santa Fe, Inc. v. Commissioner, 693 F.2d 71, 73 (9th Cir. 1982), aff’g 74 T.C. 662 (1980).25 Thus, petitioner and the Enniss family, while they were entitled at the start to st…

The U.S. Supreme Court “has observed repeatedly that, while a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he 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.” Commissioner v. Nat’l Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974) (citations omitted); see also Wilkin v. United States, 809 F.2d…

However, under the actual set of facts before the court, Petitioners never added back any bonus depreciation to their state tax returns and are not eligible to take the deduction. 31 The court notes that conversion from a C corporation to an S corporation is not a tax-neutral event. "[W]hile a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he must accept the tax consequences of his choice, whether contemplated or not . . . ." Comm'…

However, under the actual set of facts before the court, Petitioners never added back any bonus depreciation to their state tax returns and are not eligible to take the deduction. 31 The court notes that conversion from a C corporation to an S corporation is not a tax-neutral event. "[W]hile a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he must accept the tax consequences of his choice, whether contemplated or not . . . ." Comm'…

However, under the actual set of facts before the court, Petitioners never added back any bonus depreciation to their state tax returns and are not eligible to take the deduction. 31 The court notes that conversion from a C corporation to an S corporation is not a tax-neutral event. "[W]hile a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he must accept the tax consequences of his choice, whether contemplated or not . . . ." Comm'…

However, under the actual set of facts before the court, Petitioners never added back any bonus depreciation to their state tax returns and are not eligible to take the deduction. 31 The court notes that conversion from a C corporation to an S corporation is not a tax-neutral event. "[W]hile a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he must accept the tax consequences of his choice, whether contemplated or not . . . ." Comm'…

Memo. 2002-35 , a taxpayer “must accept the tax consequences of his business decisions and the manner in which he chose to structure his business transactions.” Or, as the Supreme Court has stated: “[W]hile a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he 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.” Comm…

Memo. 2002-35 , a taxpayer “must accept the tax consequences of his business decisions and the manner in which he chose to structure his business transactions.” Or, as the Supreme Court has stated: “[W]hile a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he 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.” Comm…

Trading Co. v. Dir., Div. of Taxation, 83 N.J. 122, 136 , 416 A. 2d 37 (1980) (quoting Comm'r v. Nat'l Alfalfa Dehydrating and Milling Co., 417 U.S. 134, 149 , 94 S.Ct. 2129, 2137 , 40 L.Ed. 2d 717, 727 (1974)).

Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 148 (1974).

As our Supreme Court explained, “ ‘while a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he must accept the tax consequences of his choice, whether contemplated or not....’” General Trading Co. v. Director, Div. of Taxation, 83 N.J. 122, 136 , 416 A.2d 37 (1980)(quoting C.I.R. v. National Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 , 94 S.Ct. 2129, 2137 , 40 L.Ed.2d 717, 727 (1974)). ‘“[I]t is for the taxpayer to make its…

Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974).

The Court rejected this proposition as well, holding that “a voluntary business decision ‘is to be given its tax effect in accord with what actually occurred and not in accord with what might have occurred.’ ” Id. at 136 , 416 A.2d 37 (quoting Commission v. National Alfalfa Dehydrating and Milling Co., 417 U.S. 134,148 , 94 S.Ct. 2129, 2137 , 40 L.Ed.2d 717, 727 (1974)).

This principle was set forth by our Supreme Court in General Trading Co. v. Director, Division of Taxation, 83 N.J. 122 , 416 A.2d 37 (1980), where the Court adopted the following language from the United States Supreme Court’s decision in Commissioner v. National Alfalfa Dehydrating and Milling Co., 417 U.S. 134, 148 , 94 S.Ct. 2129, 2137 , 40 L.Ed.2d 717, 727 (1974): This Court has observed repeatedly that, while a taxpayer is free to organize his affairs as he chooses, ne…

Co., 417 U. S. 134, 149 (III) (94 SC 2129, 40 LE2d 717) (1974).