The US Legislative and Regulatory Approach to Tax Avoidance

COMPARATIVE PERSPECTIVES ON REVENUE LAW: ESSAYS IN HONOUR OF JOHN TILEY, John Avery Jones et al., eds., p. 99, Cambridge University Press, 2008

Case Legal Studies Research Paper No. 08-17

Posted: 24 Jul 2008

See all articles by Erik M. Jensen

Erik M. Jensen

Case Western Reserve University School of Law

Abstract

This essay, in a volume honoring the distinguished British tax scholar John Tiley, examines statutory and regulatory developments that are changing American anti-avoidance law. After a look at the nature of tax shelters, the essay discusses several statutory and regulatory methods of dealing with them: statutes or regulations aimed at particular problems of abuse; "outcomes-oriented" legislation intended to deal with wider patterns of behavior; codification of an "economic substance" or other general anti-avoidance doctrine; imposition of anti-abuse doctrines through regulations; disclosure of potentially abusive transactions; and creation of national standards that govern tax professionals' advice. The essay concludes that no one method will by itself bring abusive behavior to acceptable levels, even temporarily. Flexibility is going to work better than rigidity in attacking shelters, and a combination of methods will work better than a single one.

Keywords: John Tiley, Tax, Tax Shelters, Tax Avoidance, Tax Attorneys, Professional Ethics - National Standard

JEL Classification: K34, K40

Suggested Citation

Jensen, Erik M., The US Legislative and Regulatory Approach to Tax Avoidance. COMPARATIVE PERSPECTIVES ON REVENUE LAW: ESSAYS IN HONOUR OF JOHN TILEY, John Avery Jones et al., eds., p. 99, Cambridge University Press, 2008; Case Legal Studies Research Paper No. 08-17. Available at SSRN: https://ssrn.com/abstract=1170062

Erik M. Jensen (Contact Author)

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States
216-368-3613 (Phone)
216-368-2086 (Fax)

Register to save articles to
your library

Register

Paper statistics

Abstract Views
781
PlumX Metrics