| Tittel: | Banes of an Income Tax : Legal Fictions, Elections, Hypothetical Determinations, Related Party Debt | | Ansvar: | H. David Rosenbloom | | Forfatter: | Rosenbloom, H. David  | | Materialtype: | Artikkel - elektronisk | | Signatur: | Skatterett | | Utgitt: | Oslo : Universitetsforlaget, 2004 | | Omfang: | S. 75-96 | | Serie: | Skatterett ; 1/2004 | | Innhold: | My objective in this paper is to bring a little sunshine to the subject of related party debt. Or, to be more specific, I propose to explore the treatment under the income tax of a relationship that purports to be debt entered into between legal entities subject to common control.2 The income tax treatment - the wide acceptance - of this relationship is puzzling. The untutored eye does not perceive a relationship between separate (if related) persons in any real sense, nor do established authorities and «in substance» analysis support the existence of debt. Yet acceptance of related party debt as debt is generally unquestioned. My thesis is that this ready acceptance flows from certain features of the income tax - legal fictions, elections, hypothetical determinations - which themselves are seldom placed in question, and which combine to make the remarkable phenomenon of related party debt appear perfectly normal and to place it virtually beyond inquiry. | | Del av verk: | Skatterett 1/2004 |
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