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It's Time For The Supreme Court To Review The Economic Substance Doctrine, Andy Grewal
It's Time For The Supreme Court To Review The Economic Substance Doctrine, Andy Grewal
Andy Grewal
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 …
Will The Economic Substance Doctrine Get Lost In The Woods? (Amicus Brief), Andy Grewal
Will The Economic Substance Doctrine Get Lost In The Woods? (Amicus Brief), Andy Grewal
Andy Grewal
This fall, the Supreme Court will hear oral arguments in U.S. v. Woods, a tax case involving complex jurisdictional and penalty issues that no emotionally healthy person should take an interest in. But behind those issues lie important questions about the economic substance doctrine, which involves the allocation of lawmaking authority between the legislature and the judiciary.This amicus brief, submitted in support of neither party, informs the Court about the issues hiding in this case. It urges the Court to take a cautious approach in deciding Woods -- the phrase "economic substance doctrine" has never appeared in a Court opinion, …