The premise of this article is that theoretical examinations of the working and interpretation of rules, such as Professor Frederick Schauer's Playing by the Rules, can illuminate and perhaps advance the debate about corporate tax shelters. In his book Schauer posits a close relationship between rules and their justifications. He further argues that rules not only foster predictability, reliance, and certainty, but also serve as devices for the allocation of power. This paper uses Schauer's work to suggest that the recent corporate tax debate has conflated concerns about the appropriate level of generality for tax shelter anti-avoidance rules with concerns about separation of power, failing to sort out the relationship between these different aspects of rules. Taking these concerns as separate parts of any analysis clarifies the issues at stake and their possible resolution. In particular, such an analysis underscores the extent to which parties to the debate disagree about...
| # | Наименование новости | Тональность | Информативность | Дата публикации |
|---|---|---|---|---|
| 1 | Reforming the Charitable Contribution Substantiation Rules | 0 | 5.3 | 07-10-2026 |
| 2 | Once and Future Gift Taxation of Transfers to Section 501(c)(4) Organizations: Current Law, Constitutional Issues, and Policy Considerations | 0 | 4.1 | 07-10-2026 |
| 3 | Report of the Task Force on Judicial Deference, Aba Section of Taxation | 0 | 10.44 | 08-10-2026 |
| 4 | The Interpretive Voice | 0 | 7.88 | 07-10-2026 |
| 5 | An Overview of Tax Issues for Religious Congregations | 0 | 6.08 | 07-10-2026 |
| 6 | Post-Disaster Tax Legislation: A Series of Unfortunate Events | 0 | 7.7 | 08-10-2026 |
| 7 | A Primer on Political Activity by 501(c) and 527 Organizations | 0 | 7.29 | 08-10-2026 |
| 8 | Tax Exemption is Not a Subsidy - Except When it is | 0 | 5.43 | 07-10-2026 |
| 9 | Administrative Acquiescence: An Analysis of Nonadverse Litigation Involving Administrative Agencies | 0 | 4.9 | 01-09-2026 |
| 10 | Patronage Pardons | 0 | 6.96 | 25-09-2026 |