Answering Kleinbard, Taylor, and Avi-Yonah: The Treasury Clearly Has Authority Under Section 385 to Address Inversions and It Should Use It

A letter to the Editor of Tax Notes, which is based on this document, will appear in Tax Notes Magazine on Monday, August 18, 2014

6 Pages Posted: 20 Aug 2014

See all articles by Samuel C. Thompson, Jr.

Samuel C. Thompson, Jr.

The Pennsylvania State University (University Park) – Penn State Law

Date Written: August 15, 2014

Abstract

This paper explains why the Treasury has the authority under Section 385, which authorizes regulations distinguishing between debt and equity, to adopt Professor Shay's proposal that the Treasury issue regulations under that section addressing the interest stripping abuse that is occurring in inversions.

Keywords: Corporate Tax, International Tax, Inversions, Mergers and Acquisitions

Suggested Citation

Thompson, Jr., Samuel C., Answering Kleinbard, Taylor, and Avi-Yonah: The Treasury Clearly Has Authority Under Section 385 to Address Inversions and It Should Use It (August 15, 2014). A letter to the Editor of Tax Notes, which is based on this document, will appear in Tax Notes Magazine on Monday, August 18, 2014, Available at SSRN: https://ssrn.com/abstract=2482673

Samuel C. Thompson, Jr. (Contact Author)

The Pennsylvania State University (University Park) – Penn State Law ( email )

Lewis Katz Building
University Park, PA 16802
United States

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