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- Title
Indiana Joins the Trend: Applying Substance-Over-Form in the Sales and Use Tax Context.
- Authors
Currie, Karen H.; Brown, Jessica
- Abstract
The article focuses on the application of the substance-over-form doctrine by the Indiana Supreme Court in the tax case of Belterra Resort Indiana LLC. The doctrine permits courts to omit legal formalities when the true substance of a transaction alters from the outward form, which was applicable in federal income tax cases on leasing transaction and transfer of ownership determination. Moreover, the court held that the substance of transactions determines the tax consequences.
- Subjects
INDIANA; SUBSTANCE over form doctrine; INDIANA. Supreme Court; INCOME tax; BELTERRA Resort Indiana LLC; LEASE &; rental services; TRANSFER (Law); TAXATION
- Publication
Journal of State Taxation, 2011, Vol 29, Issue 3, p45
- ISSN
0744-6713
- Publication type
Article