The IRS got overturned on a "substance over form" argument. The Benenson family had the time, money and tax expertise to find a clever way to pass millions of dollars through a DISC and Roth IRA tax free. All technically legal. The IRS said "not so fast, Schmedly!", we know you are complying with the law as it is written but that is not what we think it means so you are evading the intent by letting money evade taxes.
Judge Jeffrey Sutton said, "read my lips, IRS, the words are the words. The defendant is obeying the law and your -IRS- job is not to tell us what Congress said but to execute the law as written. If Congress wants to change the law, it can change the law.
"Substance Over Form". The concept lets anyone say that something is not what it seems but what I say it is.
