In her income tax return for that year, she only reported her share of the gain from the sale of the gas station as a long-term capital gain plus a small ordinary gain. The children reported their respective shares on their income tax forms as well. The Commissioner of Internal Revenue contested that the entire gain on the sale of the property was taxable as a long-term capital gain, a tax much higher than the gift tax paid by Susie Salvatore. Holding The United States Tax Court ruled that the petitioner, Susie Salvatore, was taxable on all of the gain realized on the sale of the gas station. The Tax Court ruled that this decision was subject to the precedent set in the Supreme Court case of Commissioner v. Court Holding Co., in which the Supreme Court stated: The incidence of taxation depends upon the substance of a transaction. The tax consequences which arise from gains from a sale of property are not finally to be determined solely by the means employed to transfer legal title. Rather, the transaction must be viewed as a whole, and each step, from the commencement of negotiations to the consummation of the sale is relevant. A sale by one person cannot be transformed for tax purposes into a sale by another by using the latter as a conduit through which to pass title. To permit the true nature of a transaction to be disguised by mere formalisms, which exist solely to alter tax liabilities, would seriously impair the effective administration of the tax policies of Congress. The Tax Court viewed the petitioner's children as "conduit's through which to pass title" and stated that, "the form of a transaction cannot be permitted to prevail over its substance. In substance, petitioner made an anticipatory assignment to her children of one-half of the income from the sale of the property." On a similar note, "[H]er tax liabilities cannot be altered by a rearrangement of the legal title after she had already contracted to sell the property to Texaco." Susie Salvatore later appealed this decision. On appeal, the ruling made by the United States Tax Court was affirmed by the United States Court of Appeals for the Second Circuit on the grounds that the tax court was not clearly erroneous. The court held that the evidence supported the conclusion that Susie Salvatore was the sole owner of the