U.S. Supreme Court

Case Status


Docket Number


Cert. Denied


Questions Presented

Whether the Second Circuit erred in impeding, and discriminating against, foreign investment by treating foreign income taxes not as taxes, but as expenses, in determining entitlement to the foreign tax credit.

Case Updates

Cert. denied

March 07, 2016

U.S. Chamber urges Supreme Court to review use of economic substance doctrine to override foreign tax credits

November 16, 2015

In its brief with the Cato Institute, the U.S. Chamber asked the Supreme Court to address a circuit split relating to the application of the “economic substance doctrine” to override the foreign tax credit provisions of the Internal Revenue Code. The brief argues that the economic substance doctrine should be applied only narrowly and that applying the doctrine to disallow attempts to avoid double taxation conflicts with the express purpose of the foreign tax credit and imposes costs on the economy by undermining predictability in the Tax Code.

Scott P. Martin of Gibson, Dunn & Crutcher LLP served as counsel for the amici.

Case Documents