The University of Chicago Law School Record

Article Title

The Tax Avoidance Problem in the United States


Walter J. Blum


At the Canadian Tax Foundation's Twelfth Tax Conference, Professor Blum discussed what role the judiciary and the legislature should each play in closing some of the loopholes present in the tax code. Professor Blum argues that the courts should limit themselves to the legislative intent of a particular tax rule to close these loopholes. He then examines what the legislature has done to close loopholes (qualifying certain rules, enacting specific rules as loopholes appear, or attempting comprehensive reform of a specific area of tax law), and ends with an appeal to a reasonable tax law.