Economic Substance

The economic tenderness Doctrine: Where Are We?

Prepared by:
Michael Lubin

Contents

I. Introduction

II. A Brief History of the Development of the sparing nub Doctrine

Definition
Genesis
Development of two prong test
Its all in the Numbers
Emergence of Economic Substance Doctrine
Supreme Court Involvement

III. Interpretation of the Test for Economic Substance

Subjective Prong
Objective Prong
Conjunctive Test
Objective Prong all
contrastive Test
one(a) Analysis

IV. Recent Court Cases The Resurgence of the Doctrine

proceeding Lacks Economic Substance Based on Past Behavior
Transaction May have a bun in the oven Economic Substance but Entity Doesnt
Contingent Liability Transaction Fails Disjunctive Test
Economic Substance is an Objective Prong Analysis Only?
Analysis

V. Codification of the Doctrine

HR 2419/S. 3162
Arguments for Codification
Arguments Against Codification

VI. Supreme Court Intervention?

stark Construction vs. Open Construction
Theory: No Stand whole Economic Substance Doctrine Exists
An Alternative Explanation

VII. If the service of process Had Its Way

VIII.



son of Boss Tax Shelter

Description of the Shelter and Settlement Attempts
Disjunctive Analysis solutioning in IRS Victory
Objective Prong Only Analysis Result in IRS Victories
Disjunctive Analysis Leads to Stunning IRS Loss
Just a Bump in the Road or is Pendulum Swinging at a time Again

IX. Conclusion

I. Introduction
Beginning with Gregory v. Helvering, 1 some form of the economic summation doctrine has been used by the midland Revenue Service and the judiciary in prosecuting transactions motivated by appraise avoidance. However, the exact application of this doctrine has remained unclear. During the last two years, in that respect has been a reinvigoration of this doctrine, evidenced by a string of Internal Revenue Service victories in the courts, coupled with ongoing attempts at its codification, and calls for its consideration by the Supreme Court....If you want to get a full essay, order it on our website: Orderessay



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