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Article
Form, Substance, and Section 1041
Tax Notes
  • Deborah A Geier, Cleveland State University
Document Type
Article
Publication Date
7-26-1993
Keywords
  • Section 1041,
  • shifting of income
Disciplines
Abstract
The article reviews recent cases and rulings dealing with the interplay of section 1041 with both (1) the assignment of income doctrine in the deferred compensation context and (2) the substance over form doctrine in the context of redemptions of closely held stock. The author argues that such doctrines, which attempt to avoid improper shifting of income between taxpayers, are inappropriate in the context of section 1041 transfers in light of the history and goals of that section. She believes that final regulations adopted under section 1041 should ensure that the form of transfers or redemptions negotiated by the parties dictates the resulting tax.
Citation Information
Deborah A. Geier, Form, Substance, and Section 1041, 60 Tax Notes 519 (July 26, 1993)