The Tax Benefit Rule: A Different View and a Unified Theory of Error Correction

27 Pages Posted: 11 Jul 2010

See all articles by Steven J. Willis

Steven J. Willis

University of Florida Levin College of Law

Date Written: 1990

Abstract

Most tax lawyers and accountants view the Tax Benefit Rule as a Court-created doctrine. They misunderstand. Properly understood, almost all traditional Tax Benefit Rule cases are unnecessary, as they merely apply the traditional basis mechanism.

The Supreme Court properly understood this in the famous cases of Hilsboro and Bliss Dairy.

To fully understand the Rule, one must view it in light of Tax Mitigation and Equitable Recoupment.

Keywords: Tax Benefit Rule

Suggested Citation

Willis, Steven J., The Tax Benefit Rule: A Different View and a Unified Theory of Error Correction (1990). Florida Law Review, Vol. 42, No. 4, p. 575, 1990, Available at SSRN: https://ssrn.com/abstract=1638448

Steven J. Willis (Contact Author)

University of Florida Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States
(352) 273-0680 (Phone)
(352) 392-7647 (Fax)

HOME PAGE: http://www.law.ufl.edu/faculty/willis/

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