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Is “Form” “Substance” When it Comes to Law? The Future of the Doctrines of Economic Substance and Substance Over Form

In Economic Substance, Substance over Form by Jason FreemanLeave a Comment

Earlier this year, the Sixth Circuit took aim at the “substance-over-form” doctrine, an amorphous jurisprudential concept that has long shadowed the textually-driven Internal Revenue Code.  See here.  Its opinion is a gem; a forceful rebuke that leads with an attention-grabbing reference to Caligula and raises serious questions about the role (and limits) of the doctrine of substance over form: Caligula …