Posted: 30 May 2013
Date Written: May 29, 2013
Courts have articulated a number of legal tests to distinguish corporate transactions that have a legitimate business or economic purpose from those carried out largely, if not solely, for favorable tax treatment. We outline an approach to analyzing the economic substance of corporate transactions based on the property rights theory of the firm, and describe its application in two recent tax cases.
Suggested Citation: Suggested Citation
Borek, T. Christopher and Frattarelli, Angelo and Hart , Oliver, Tax Shelters or Efficient Tax Planning? A Theory of the Firm Perspective on the Economic Substance Doctrine (May 29, 2013). Available at SSRN: https://ssrn.com/abstract=2271510 or http://dx.doi.org/10.2139/ssrn.2271510