Curb Sought on Abusive Tax Shelters
New York Times (10/06/00) Vol. 104, No. 40 p.C6; Johnston, David Cay
Senate Finance Committee leaders have proposed tough
laws to deter abusive corporate tax shelters by imposing heavy
fines on those who promote sham transactions in efforts to evade
taxes. The fines would not be waivable and would increase in
penalties on the promoters of the transactions. The proposal
would create a new class of tax shelters that would enforce a
penalty of 40 percent of the tax evaded. Tax shelters,
considered highly abusive devices, rely on techniques that have
already been found to be fraudulent, lacking economic substance,
and having no business purpose other than tax evasion. The only
problem with the proposal, according to Peter L. Faber, the New
York tax attorney who has been fighting to get abusive tax
shelters under control, said the proposed laws are aimed at
abusive tax shelters that have no economic substance, yet they do
not define what economic substance means.