There is no problem today more fundamental in federal tax law than the rationale (or lack of it) that underlies the conduct of the courts in striking down tax avoidance devices and refusing to recognize business arrangements which meet statutory requirements for tax saving but exude an odor piscatorial.
Ralph S. Rice,
JUDICIAL TECHNIQUES IN COMBATING TAX AVOIDANCE,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol51/iss7/4