RAYMOND v. U.S.

No. 03-6037.

355 F.3d 107 (2004)

David A. RAYMOND and Lori Raymond, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 13, 2004.


Attorney(s) appearing for the Case

James W. Runcie, Esq., Ouimette & Runcie, Vergennes, VT, for Plaintiffs-Appellees.

Kenneth W. Rosenberg, Esq., Tax Division, Department of Justice (Eileen J. O'Connor, Assistant Attorney General, Richard Farber, Department of Justice, on the brief, Peter W. Hall, United States Attorney for Vermont, of counsel), Washington, D.C., for Defendant-Appellant.

Before: OAKES, POOLER, and WESLEY, Circuit Judges.


WESLEY, Circuit Judge.

The Supreme Court has long asserted that "[i]n tax law, ... substance rather than form determines tax consequences." Cottage Sav. Ass'n v. Comm'r, 499 U.S. 554, 570, 111 S.Ct. 1503, 113 L.Ed.2d 589 (1991) (Blackmun, J., dissenting) (citing Comm'r v. Court Holding Co., 324 U.S. 331, 334, 65 S.Ct. 707, 89 L.Ed. 981 (1945)). In this appeal, we are presented with an issue...

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