It's Time for the Supreme Court to Review the Economic Substance Doctrine

35 Pages Posted: 18 Mar 2014 Last revised: 8 Jun 2014

See all articles by Andy Grewal

Andy Grewal

University of Iowa - College of Law

Date Written: March 14, 2014

Abstract

In United States v. Woods, this writer submitted an amicus brief arguing that the Supreme Court should reserve its judgment about the economic substance doctrine, which the district court had applied below. The Supreme Court agreed with that argument, expressly leaving its opinion about the proper application of the economic substance doctrine to a future case.

That future case has arrived. This amicus brief, supporting the taxpayer’s petition in WFC Holdings v. United States, explains why this case presents the perfect opportunity for the Court to explain what weight, if any, legislative enactments enjoy in deciding economic substance cases. Although this brief is directed to the Justices, it should appeal to anyone who follows developments related to the economic substance doctrine.

Keywords: Wells Fargo, WFC Holdings, economic substance, statutory interpretation, Supreme Court, amicus briefs

Suggested Citation

Grewal, Amandeep S., It's Time for the Supreme Court to Review the Economic Substance Doctrine (March 14, 2014). U Iowa Legal Studies Research Paper 14-11. Available at SSRN: https://ssrn.com/abstract=2409134 or http://dx.doi.org/10.2139/ssrn.2409134

Amandeep S. Grewal (Contact Author)

University of Iowa - College of Law ( email )

Melrose and Byington
Iowa City, IA 52242
United States

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