The Story of Knetsch V. United States and Judicial Doctrines Combating Tax Avoidance

Abstract

This paper presents the story of Knetsch v. United States, 364 U.S. 361 (1947), the leading case in defining impermissible tax avoidance. Drawing upon newspaper stories, briefs, unpublished judicial opinions and memoranda, and other sources, it describes the tax shelter market of the 1950s, the government's and the taxpayer's litigation strategies (and errors), the decision-making processes of the courts, and the case's impact on the development of the tax law.