Stewart v. Nebraska Dep’t of Revenue

Two taxpayers sold their capital stock of a corporation and structured the transaction to comply with the terms of a definitional statute in order to qualify for a special capital gains election. The Nebraska Department of Revenue disallowed the taxpayers’ special capital gains election. The taxpayers filed a petition for redetermination, and the Tax Commissioner denied the petition. The district court affirmed. The taxpayers appealed, asserting that the district court erred in applying the “economic substance” and “sham transaction” doctrines in determining whether they were entitled to the special capital gains election. The Supreme Court reversed, holding that the economic substance doctrine and the sham transaction doctrines did not provide a basis to disallow the taxpayers’ election. Remanded. View "Stewart v. Nebraska Dep’t of Revenue" on Justia Law