What is the test for determining whether a form in which a transaction takes place does not properly reflect the intent of the parties?

MultiRegion, United States of America

The following excerpt is from Abrams v. U.S., 797 F.2d 100 (2nd Cir. 1986):

[W]e will assume that the acts of the parties and documentation surrounding the transactions reflect the intent of the parties unless we are given some evidence to the contrary. We will not relieve a party from the tax consequences of the form in which he or she appears to have molded a transaction, in the absence of proof that the form does not properly reflect the transaction.

Yamamoto v. Commissioner, 73 T.C. 946, 954 (1980).

Other Questions


What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the test for determining whether an employer is acting in bad faith when it fails to engage in an interactive process to determine whether reasonable accommodations are possible? (MultiRegion, United States of America)
What factors are considered to determine whether inducement was a factor in determining whether an individual was entrapped in a criminal case? (MultiRegion, United States of America)
What is the test for a jury to determine whether the jury was properly instructed on intent? (MultiRegion, United States of America)
What is the standard of review used by the 9th Circuit to determine whether a party was properly denied a jury instruction? (MultiRegion, United States of America)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
What is the test for determining whether a party engaged in a discriminatory act of discrimination against a third party? (MultiRegion, United States of America)
What is the test for determining whether a party is in a position where the evidence must be considered in the light most favorable to the nonmoving party? (MultiRegion, United States of America)
What is the test for determining whether a plaintiff has been intentionally intentionally treated for mental health issues? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.