What is the effect of a rule which excludes from consideration the motive of tax avoidance?
MultiRegion, United States of America
The following excerpt is from Hyland v. New Haven Radiology Associates, P.C., 794 F.2d 793 (2nd Cir. 1986):
The rule which excludes from consideration the motive of tax avoidance is not pertinent to the situation, because the transaction upon its face lies outside the plain intent of the statute. To hold otherwise would be to exalt artifice above reality and to deprive the statutory provision in question of all serious purpose.
Gregory v. Helvering, 293 U.S. 465, 470, 55 S.Ct. 266, 268, 79 L.Ed. 596 (1935).
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