Abstract

http://ssrn.com/abstract=1711304
 


 



Economic Substance Doctrine: How Codification Changes Decided Cases


Bret Wells


University of Houston Law Center

November 18, 2010

Florida Tax Review, Vol. 10, p. 411, 2010
U of Houston Law Center No. 2010-A-39

Abstract:     
Congress codified and clarified the economic substance doctrine by enacting new Section 7701(o). The article analyzes how new Section 7701(o) would have altered the results in previously decided cases if this provision had existed at the time of these previously decided cases were litigated. Through this analysis, the article attempts to predict how Section 7701(o) will impact the development of the federal tax common law and attempts to predict when and to what extent new Section 7701(o) will reduce the opportunity for taxpayers to capture unintended tax benefits.

Number of Pages in PDF File: 48

Keywords: Judicial Responsibility, Economic Substance Doctrine, Tax Shelters, Statutory Interpretation, Purposivism, Textualism, Coltec, Gregory, Sham Transaction Doctrine, Substance Over Form Doctrine, Business Purpose, Tax Avoidance, Tax Practice


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Date posted: November 18, 2010 ; Last revised: January 12, 2011

Suggested Citation

Wells, Bret, Economic Substance Doctrine: How Codification Changes Decided Cases (November 18, 2010). Florida Tax Review, Vol. 10, p. 411, 2010; U of Houston Law Center No. 2010-A-39. Available at SSRN: http://ssrn.com/abstract=1711304

Contact Information

Bret Wells (Contact Author)
University of Houston Law Center ( email )
4604 Calhoun Road
Houston, TX 77204-6060
United States
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