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In the U.S., there is no fiduciary duty to minimize tax liability or to maximize profits. In any case the bar for a successful shareholder suit is extremely high, and executives are given tremendous leeway in situations where conflicts of interest aren't involved. I can't imagine that you could successfully sue a CEO for a company's not taking aggressive tax positions.

Achieving low tax rates is largely about keeping up with Wall Street analyst expectations. CEO's of public companies having to face a bunch of analysts every quarter to discuss quarterly earnings, including after-tax earnings, is a huge driver of this sort of behavior. CEO's are judged on how analysts view their stock, and it's a horse race. If some other company makes $0.05 more than you per share because of a lower tax rate, they are going to get credit for that.



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