FORM OR SUBSTANCE-WHERE ARE WE?

William Baillie
unpublished
The author provides an in-depth case analysis of the doctrine of "the substance" in taxation law, and such inte"elated concepts as tax avoidance, sham transactions, the "business purpose" test and the intent, as opposed to motiue, of a taxpayer. The author concludes that the "so-called" doctrine of "the substance" is inconsistent with the fundamental philosophical principles of our legal system and that the doctrine has not been accepted by the Courts as part of our law.
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