Abstract
In the Court of Cassation's case law, the anti-economic nature of the taxpayer's conduct in some cases is linked to the results of the overall entrepreneurial activity (e.g., when there is a systematic loss), in other is linked to the results of a single transaction, as generating lower profits or higher costs than the ones considered as adequate in relation to the arm's lenght value of the goods or services exchanged. In the latter cases, case law applies different guiding principles, often, contradictorily, superimposing them: the simulation of a part of the price, the normal value as ordinary parameter for measuring the items of income, the prohibition of abuse of law. Recently, in order to contrast some of them, the legislator enacted some very peculiar provisions of authentic interpretation (Art. 5, paragraphs 2 and 3, of the legoslative decree n. 147/2015).