Document Type

Article

Publication Date

10-27-2008

Publication Title

State Tax Notes

Publication Title (Abbreviation)

St. Tax Notes

Volume

50

First Page

239

Last Page

242

Abstract

In the interpretation of tax statutes, a venerable principle is that “taxation should move in an atmosphere of practical realities rather than amid the intricate and wooden concepts” of legal formalities. That principle is familiar in federal taxation, and it holds no less sway in state and local taxation. Indeed, the idea that the substance of a transaction usually controls over the form of the transaction is not confined to taxation; it is a principle of U.S. law generally.

The principle commands that the underlying reality of the events usually determines tax consequence; the forms or labels attached to the events by the parties themselves (by contract or otherwise), or even by nontax law usually, are not determinative. This column will explore the “substance versus form” rule from three perspectives: justification for the rule, the reach of the rule and examples of its application in state and local taxation, and use of the rule in favor of taxpayers.

Rights

© 2008 Steve R. Johnson

Comments

First published in State Tax Notes.

Faculty Biography

http://www.law.fsu.edu/our-faculty/profiles/johnson

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