Economic Substance: Part Two

modern office interior glass ceiling architectural lines corporate buildingmodern office interior glass ceiling architectural lines corporate building

Economic Substance: Part Two

November 04, 2026

United States
United States
United States

Have taxpayers and practitioners been thinking about economic substance all wrong?

In part two of Eversheds Sutherland’s Federal Tax Podcast discussion on the economic substance doctrine, Partner Sandy Bradford and Counsel R.J. Hagerman, explore a practical framework for assessing economic substance risk. They discuss three key considerations: the strength of the transaction’s support in the tax code, whether there is a genuine non-tax purpose, and the size of the resulting tax benefit.

Using cases such as Summa Holdings and examples involving charitable contributions, Sandy and R.J. also examine why congressional intent, documentation and a transaction’s broader narrative can matter when facing IRS scrutiny.

The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or Disclaimer section in the footer. Eversheds Sutherland is a provider of legal and other services operating through various separate and distinct legal entities. For further information about these entities and Eversheds Sutherlands' structure please see the Legal Notice page of this website.

Services

Key contacts

sandybradford@eversheds-sutherland

Cassandra S. Bradford

Partner

Atlanta, United States

RichardHagerman@eversheds-sutherland.com

Richard “R.J.” Hagerman

Counsel

Washington, DC, United States

Latest Insights

Latest News

  • client news
  • firm news
  • firm news
  • firm news

Latest Events

  • hybrid
  • virtual | November 17, 2026
  • in-person | November 18, 2026
  • virtual | November 24, 2026
zero waste new pic

legal updates

November 12, 2026

COP31: Leaders’ Summit | Zero Waste - The business case for zero waste

EV charging COP31

legal updates

November 11, 2026

COP31: Energy and Transport – Electrification takes center stage in Antalya

tracker image - Algorithmic

legal updates

November 11, 2026

Algorithmic Management of Workforces: Is your business a “platform” without...

atrium interior architecture curved levels modern office building design

legal updates

November 10, 2026

Technology Law Shorts - November 2026

© Eversheds Sutherland 2026. All rights reserved. Eversheds Sutherland is a provider of legal and other services operating through various separate and distinct legal entities. For further information about these entities and Eversheds Sutherlands' structure please see the Legal Notice page of this website.

Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed or affiliated firms and the members of Eversheds Sutherland (Europe) Limited and Eversheds Sutherland (Africa) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global entity. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client. For further information about these Eversheds Sutherland Entities and Eversheds Sutherlands’ structure please see the Legal Notices page of this website. For information on Konexo please also see the Legal Notices page of this website.