Tax Shelters or Efficient Tax Planning? a Theory of the Firm Perspective on the Economic Substance Doctrine
35 Pages Posted: 31 May 2013 Last revised: 4 Jun 2013
Date Written: May 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.
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