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Substance Vs. Form Relative To Income Tax Planning? |
From an income tax angle, define & explain the concept of substance vs. form relative to income tax planning.
1. ID facts
2. Detail the issue
3. Research authority
4. Analyze and apply the research to the facts
5. Conclusion/recommendations.
I'm meant to get 2-4 pages out of this but am not really sure what to search for. He asked for us to use some cases that are apt to this. Thanks for you help.
| Answer: First lets out substance vs. form. The form is the written law. This is what you follow per the code by what it says or inadequacy thereof. Now substance is the meat of the transaction. It's the economical purpose. You will usually see this when the "authority" is followed, however, there is no economical reason for the transaction other than to avoid taxes. This is when court cases will overrule the agreement and mention the form/substance. Look into |
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