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Washington and Lee University School of Law

2019

Business Organizations Law

Burwell v. Hobby Lobby Stores

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Collaboration Theory And Corporate Tax Avoidance, Eric C. Chaffee May 2019

Collaboration Theory And Corporate Tax Avoidance, Eric C. Chaffee

Washington and Lee Law Review

This Article argues that aggressive corporate tax avoidance is legally impermissible based upon the essential nature of the corporate form. The history of the debate over the essential nature of the corporation is substantial. This debate has been reinvigorated by the Supreme Court’s recent opinions, Citizens United v. Federal Election Commission and Burwell v. Hobby Lobby Stores, Inc., which explore the scope of corporate rights.