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Full-Text Articles in Law
The Use And Misuse Of Antiabuse Rules: Lessons From The Partnership Antiabuse Regulations, Alan Gunn
The Use And Misuse Of Antiabuse Rules: Lessons From The Partnership Antiabuse Regulations, Alan Gunn
Journal Articles
Subchapter K of the U.S. Internal Revenue Code was designed to achieve simplicity and flexibility in taxing partners. To limit this flexibility the regulations under subchapter K contain "antiabuse rules", aimed at insuring that subchapter K rules are applied consistently, with the "intent" of those rules in mind and allowing the Commissioner to treat a partnership as an aggregate of its partners in applying any Internal Revenue Code provision. Though antiabuse rules have received harsh criticism for being badly written, they are valuable in many ways. Such rules define abuse as something distinct in principle from substance-over-form and business purpose …
Tax Avoidance, Alan Gunn
Tax Avoidance, Alan Gunn
Journal Articles
Professor Gunn explores the merits of “tax avoidance” approaches in dealing with cases involving unpaid taxes. He describes definitions of the term and also illustrates some alternatives to the tax avoidance approach. Looking at how tax avoidance is dealt with in laws and in judicial decisions Gunn notes that lawmakers should not attempt to formulate authoritative rules on preventing it. This is because taxpayers have a well-known desire to reduce their taxes, and will find ways to get around laws. Authoritative and too well defined rules ignore what taxpayers might do in response to them. Professor Gunn concludes by arguing …