U.S. Supreme Court

Case Status


Docket Number



Cert. Denied


Questions Presented

1. Whether the Sixth Circuit erred by holding, in direct conflict with at least five circuits (but in accord with at least two others), that the trial court's determination on economic substance is subject to de novo review.

2. Whether the Sixth Circuit erred by creating, in direct conflict with decisions of the Supreme Court and other circuits, an exclusionary rule for economic substance cases that bars consideration of future taxpayer investment merely because the taxpayer has engaged in a long-term transaction in which a substantial portion of its out-of-pocket expenditure is deferred.

Case Updates

Cert. petition denied

February 20, 2007

U.S. Chamber urges Supreme Court to review economic substance doctrine and exclusionary rule

January 12, 2007

NCLC urged the Supreme Court to review the Sixth Circuit’s erroneous refusal to consider expected conduct when analyzing a business tax deduction pursuant to the economic substance doctrine. The economic substance doctrine prohibits companies from seeking tax credits or deductions for transactions that lack economic substance apart from the expected tax benefit. In its brief, NCLC explained the court below misconstrued prior Supreme Court precedent to support its conclusion that a court can only look at past conduct and disregard the company’s evidence it planned to engage in future conduct that would support the tax deduction or credit. The Sixth Circuit’s exclusionary rule would undermine a wide swath of economic transactions which heavily rely on future conduct to be profitable.

Case Documents