23
Apr
Economic substance doctrine affirmed; integrated M&A plans face heightened risk.
What the Tenth Circuit’s Liberty Global decision means for M&A tax planning
On April 21, 2026, the U.S. Court of Appeals for the Tenth Circuit affirmed the government’s economic substance win in Liberty Global, Inc. v. United States, No. 23-1410. The court held that section 7701(o) applies even when a transaction mechanically complies with the Internal Revenue Code (Code), and that common mergers and acquisitions (M&A) building blocks (i.e., section 351...