San Diego Law Review

Library of Congress Authority File


Document Type



This Comment examines the discussion surrounding the General Utilities doctrine, which states, with certain exceptions, that a corporation does not recognize gain upon distribution of appreciated assets. The author examines corporate tax law, and the development of the General Utilities doctrine and the problems associated with its application and usage. The author examines the various arguments for repeal of the General Utilities doctrine and discusses potential solutions to the General Utilities problem, including complete repeal of the doctrine, implementation of a flat tax and integration of the personal and corporate income tax systems.