Substance over Form and Sham Arguments Rebuffed: ‘Perrigo Co. v. United States’

In an article for the New York Law Journal, Elliot Pisem and David E. Kahen write:

“Corporate planning involving the transfer of activities and property between affiliates under common control is sometimes undertaken with a view to minimizing tax obligations. In those cases, one important consideration is the potential for the transfer to be disregarded for tax purposes under substance over form, sham, or other doctrines.”

Read the full article.