Most agree that at the core of the abusive tax shelter problem is the "economic substance" doctrine. That is, if a company enters a transaction strictly for the purpose of lowering its tax rate, the deal lacks any sort of business or economic purpose, and should be considered bogus. There is, however, a great debate over how to address the economic substance question. Former Treasury Secretary Lawrence Summers has proposed a broad rule to outlaw any transaction that lacks economic substance. Others maintain, however, that a broad rule is difficult to interpret and would interfere with legitimate business transactions. They say that the problem can be brought under control through a piecemeal approach that addresses specific abusive transactions. Here are the views of Summers and former IRS officials Charles Rossotti and Larry Langdon, Senator Charles Grassley, former Assistant Treasury Secretary Pamela Olson, U.S. Rep. Lloyd Doggett, and leasing industry lobbyist Ken Kies on the economic substance issue.
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