April's Tax Reflections With Reuven Avi-Yonah

Reuven S. Avi-Yonah (Michigan; Google Scholar):

Is Treasury Bound by the Arm’s-Length Standard?, 183 Tax Notes Fed. 109 (Apr. 1, 2024):

Avi-Yonah examines the history of the arm’s-length standard and considers whether Treasury can deviate from it if it is necessary to clearly reflect related taxpayers’ income.

Can the United States Curb Its Debt?, 183 Tax Notes Fed. 515 (Apr. 15, 2024):

Avi-Yonah argues that because digital services taxes are used to offset the taxation impediment that “digital giants” cannot be taxed under permanent establishment rules, they should qualify as an in-lieu-of tax and therefore be creditable.

Corporate Taxpayers and Frivolous Arguments, Part 1, 183 Tax Notes Fed. 671 (April 22, 2024):

Avi-Yonah argues that despite the fiduciary duty of corporate managers to maximize shareholder profit, they should not take frivolous positions to try to reduce tax.

Corporate Taxpayers and Frivolous Arguments, Part 2, 183 Tax Notes Fed. 867 (Apr. 29, 2024):

Avi-Yonah explores the penalties available to the IRS against frivolous positions, chiefly the uncertain tax position schedule and section 6662, and he offers suggestions to strengthen those tools while reiterating that the best way to stop frivolous actions is for corporate tax directors to just say no.