from The Meaning of Enterprise, Business, and Business Profits Under Tax Treaties and EU Tax Law, IBFD (2010), pp. 575-608
Abstract
The terms 'enterprise,' 'business' and 'business profits' are ubiquitous in U.S. and international tax law yet they are often ill-defined and under-theorized, especially in their interaction with other regulatory areas. This U.S. Report, commissioned for a comparative volume on the subject, focuses on the use and significance of these concepts from a U.S. perspective. Part I deals with the meaning of these concepts under domestic non-tax legislation, with a particular focus on private law, commercial law, company law and bankruptcy law. Part II describes the concepts under domestic tax law with reference to relevant jurisprudence, administrative practice and doctrine. Part III discusses the concepts as interpreted for purposes of double tax conventions, with reference to specific treaty provisions, case law and literature. Part IV discusses the compatibility of domestic law provisions with their use in tax conventions and concludes.
