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Tax Law

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2006

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Vat? A Look Inside Canada's Experience With The Goods And Services Tax, Brandon A. Ketterman Nov 2006

Vat? A Look Inside Canada's Experience With The Goods And Services Tax, Brandon A. Ketterman

San Diego International Law Journal

Consumption taxes have been and continue to be utilized as a staple revenue producer within systems of taxation. The value-added tax (VAT) is one form of consumption tax that has grown in popularity among nations over the last several decades. In fact, after the passage of a goods and services tax (one type of VAT) in Australia in 2000, the United States now stands alone as the only remaining OECD nation, among its 30 members, without some form of a value-added tax on consumption. As the massive topic of tax reform continually appears at the forefront of the political landscape, …


Taxation, Craig D. Bell Nov 2006

Taxation, Craig D. Bell

University of Richmond Law Review

This article reviews significant developments in the law affect- ing Virginia taxation. Each section covers recent legislative changes, judicial decisions, and selected opinions or pronouncements from the Virginia Department of Taxation and the Attorney General of Virginia over the past year. The overall purpose ofthis article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation most likely to have an impact on their practices. This article will not, however, discuss many of the numerous technical legislative changes to the State Taxation Code of Title 58.1.


Daimlerchrysler V. Cuno - Plaintiffs Lack Standing To Challenge State Franchise Tax Credit In Federal Court, According To The Supreme Court, Sue Ann Mota Oct 2006

Daimlerchrysler V. Cuno - Plaintiffs Lack Standing To Challenge State Franchise Tax Credit In Federal Court, According To The Supreme Court, Sue Ann Mota

North Carolina Central Law Review

No abstract provided.


Teed Off About Private Club Discrimination On The Taxpayer's Dime: Tax Exemptions And Other Government Privileges To Discriminatory Private Clubs, Jennifer Jolly-Ryan Oct 2006

Teed Off About Private Club Discrimination On The Taxpayer's Dime: Tax Exemptions And Other Government Privileges To Discriminatory Private Clubs, Jennifer Jolly-Ryan

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Daimlerchrysler V. Cuno: An Escape From The Dormant Commerce Clause Quagmire?, S. Mohsin Reza May 2006

Daimlerchrysler V. Cuno: An Escape From The Dormant Commerce Clause Quagmire?, S. Mohsin Reza

University of Richmond Law Review

No abstract provided.


Debunking The Basis Myth Under The Income Tax, Joseph M. Dodge, Jay A. Soled Apr 2006

Debunking The Basis Myth Under The Income Tax, Joseph M. Dodge, Jay A. Soled

Indiana Law Journal

Tax basis is one of the most important, yet least studied, aspects of the income tax. This analysis calls attention to its importance and argues that taxpayers have the motivation, opportunity, and means to inflate the tax basis they have in their assets and, in some cases, to avoid the reporting of gains. We discuss the likely causes of these phenomena, estimate the probable revenue loss, and propose appropriate reforms.


Exceptional Circumstances: The Material Benefit Rule In Practice And Theory, Clay B. Tousey Iii Apr 2006

Exceptional Circumstances: The Material Benefit Rule In Practice And Theory, Clay B. Tousey Iii

Campbell Law Review

The collapse of Starr's seemingly meritorious claim and the court's interestingly inconsequential mention of Section 86 raise the motivating questions of this article. First, is Section 86 and the "material benefit rule" it embodies ever applied in court, and, if so, can a unifying theme be found between those cases in which courts choose to enforce the post-benefit promise and those in which they do not?


Tax Terrorism: Nasty Truths About Investor Control Theory And The Accommodation Of Social Security Privatization, Bobby Lewis Dexter Mar 2006

Tax Terrorism: Nasty Truths About Investor Control Theory And The Accommodation Of Social Security Privatization, Bobby Lewis Dexter

Mercer Law Review

While American taxpayers spend the vast majority of their tax lives shouldering the monetary burden of the prevailing progressive tax scheme, Congress will, periodically, lighten the load and extend the warm hand of legislative grace. New deductions, creative tax credits, and outright reductions in income tax rates are not uncommon, and in fact, political motivations have long fueled an aggressive interest in the modification of federal tax rules to curry favor with large segments of the population. The protection of retirement savings from the burden of immediate taxation is a special congressional favorite.6 In addition to easing the tax burden …


Political Silence At Church: The Empty Threat Of Removing Tax-Exempt Status For Insubstantial Attempts To Influence Legislation, David M. Andersen Mar 2006

Political Silence At Church: The Empty Threat Of Removing Tax-Exempt Status For Insubstantial Attempts To Influence Legislation, David M. Andersen

BYU Law Review

No abstract provided.


Separate But Taxed: A Rejection Of The Steamlined Sales Tax Project Through A Commerce Clause And Federalist Analysis, Gregory R. Evans Jan 2006

Separate But Taxed: A Rejection Of The Steamlined Sales Tax Project Through A Commerce Clause And Federalist Analysis, Gregory R. Evans

American University Law Review

Sales and use taxes, which are levied by forty-five states, have long been an important source of revenue for state and local governments. The rigid structure of these long-standing taxes, however, has been strained by the rapid evolution of the online economy. As a result, the Multistate Tax Commission (“MTC”) devised a plan, the Streamlined State Sales Tax Project (“STP”), to recapture some of the revenue that state and local governments might otherwise lose as consumer purchases migrate from local retailers to online sellers. This plan, approved reciprocally by the states, but not by Congress, was designed by state legislators …


Removing The Reassessment Of Property Value When Transferred Between Registered Domestic Partners, Sharon Everett Jan 2006

Removing The Reassessment Of Property Value When Transferred Between Registered Domestic Partners, Sharon Everett

McGeorge Law Review

No abstract provided.


Taxing Good, Kenneth C. Halcom Jan 2006

Taxing Good, Kenneth C. Halcom

McGeorge Law Review

No abstract provided.


Personal And Political Bias In The Debate Over Federal Income Taxation Rates And Progressivity, Richard J. Kovach Jan 2006

Personal And Political Bias In The Debate Over Federal Income Taxation Rates And Progressivity, Richard J. Kovach

Akron Tax Journal

Unlike the commentaries of flat tax proponents, this article will not attempt to dispel the notion of progressive taxation. Rather, this article will first question whether professors who write about tax policy can as a group reach unbiased conclusions about progressivity policy. Next, this article will address a few progressivity concepts that fuel taxation debates. Finally, this commentary will outline some ideas for structuring the federal income taxation system in ways that reduce political rancor and potentially create reasonable acceptance by tax producers, tax beneficiaries, and their respective advocates.


Taxation Of Below-Market Loans Under 7872: This Could Be A Lot Simpler!, John A. Lynch Jr. Jan 2006

Taxation Of Below-Market Loans Under 7872: This Could Be A Lot Simpler!, John A. Lynch Jr.

Akron Tax Journal

This article will explore § 7872: what it is, why it was enacted, how it has developed judicially and administratively since its enactment, and how it might be improved - mostly by reducing its complexity. It shall be contended generally that the "reform" intended with respect to § 7872 in several instances overshot the mark and serves no useful purpose.


Attaining U.S. Effectively Connected Income In The Aftermath Of The American Jobs Creation Act Of 2004 And Its Aim To Repeal Extraterritorial Income Exclusion, David Lebron Jan 2006

Attaining U.S. Effectively Connected Income In The Aftermath Of The American Jobs Creation Act Of 2004 And Its Aim To Repeal Extraterritorial Income Exclusion, David Lebron

Akron Tax Journal

This paper seeks to propose the construction of ways to facilitate investment in the United States, a suggested mapping, if you will. To that point where U.S. source income is created, it becomes imperative to effect some balance and accomplish an offset regarding the projected decrease in federal revenues resulting from the provisions within the Act, estimated at net $14.5 billion through year 2009, $5.7 billion accounted for in 2005 alone.


Bright Line, Dim Prospects: Grupo Dataflux V. Atlas Global Group, L.P. Reaffirms A Bright Line Barrier To Diversity Jurisdiction For Limited Partnerships And Other Unincorporated Entities, Amy Friedmann Jan 2006

Bright Line, Dim Prospects: Grupo Dataflux V. Atlas Global Group, L.P. Reaffirms A Bright Line Barrier To Diversity Jurisdiction For Limited Partnerships And Other Unincorporated Entities, Amy Friedmann

Akron Tax Journal

This Note examines how these two policy decisions changed the landscape of diversity jurisdiction for limited partnerships and other unincorporated entities. It argues that, despite the Grupo majority's expressed rationale of adhering to time of filing precedent, a rule that requires complete diversity between parties to exist at the time of filing, the majority actually reaffirmed and clarified the scope of the Caterpillar exception to the time of filing rule. This Note further argues that the real impetus for the majority's decision was the fear that any tinkering with the bright-line rule of Carden, which requires courts to count the …


What's Up On Stock-Drops? Moench Revisited, 39 J. Marshall L. Rev. 605 (2006), Craig C. Martin, Matthew J. Renaud, Omar R. Akbar Jan 2006

What's Up On Stock-Drops? Moench Revisited, 39 J. Marshall L. Rev. 605 (2006), Craig C. Martin, Matthew J. Renaud, Omar R. Akbar

UIC Law Review

No abstract provided.


Should The Securities Exchange Act Be The Sole Federal Remedy For An Erisa Fiduciary Misrepresentation Of The Value Of Public Employer Stock?, 39 J. Marshall L. Rev. 637 (2006), Mark Casciari, Ian Morrison Jan 2006

Should The Securities Exchange Act Be The Sole Federal Remedy For An Erisa Fiduciary Misrepresentation Of The Value Of Public Employer Stock?, 39 J. Marshall L. Rev. 637 (2006), Mark Casciari, Ian Morrison

UIC Law Review

No abstract provided.


Standards Of Practice For Pension Practitioners, 39 J. Marshall L. Rev. 667 (2006), David Pratt Jan 2006

Standards Of Practice For Pension Practitioners, 39 J. Marshall L. Rev. 667 (2006), David Pratt

UIC Law Review

No abstract provided.


Inherent Attorney Conflicts Of Interest Under Erisa: Using The Model Rules Of Professional Conduct To Discourage Joint Representation Of Dual Role Fiduciaries, 39 J. Marshall L. Rev. 721 (2006), Paul M. Secunda Jan 2006

Inherent Attorney Conflicts Of Interest Under Erisa: Using The Model Rules Of Professional Conduct To Discourage Joint Representation Of Dual Role Fiduciaries, 39 J. Marshall L. Rev. 721 (2006), Paul M. Secunda

UIC Law Review

No abstract provided.


Hospital Property Tax Exemption In Illinois: Exploring The Policy Gaps, John D. Colombo Jan 2006

Hospital Property Tax Exemption In Illinois: Exploring The Policy Gaps, John D. Colombo

Loyola University Chicago Law Journal

No abstract provided.


Foreword, 39 J. Marshall L. Rev. V (2006), Priscilla E. Ryan Jan 2006

Foreword, 39 J. Marshall L. Rev. V (2006), Priscilla E. Ryan

UIC Law Review

No abstract provided.


Can Systems Analysis Help Us To Understand C.O.B.R.A.?: A Challenge To Employment-Based Health Insurance, 39 J. Marshall L. Rev. 753 (2006), Alison Mcmorran Sulentic Jan 2006

Can Systems Analysis Help Us To Understand C.O.B.R.A.?: A Challenge To Employment-Based Health Insurance, 39 J. Marshall L. Rev. 753 (2006), Alison Mcmorran Sulentic

UIC Law Review

No abstract provided.


Resolving The Judicial Paradox Of "Equitable" Relief Under Erisa Section 502(A)(3), 39 J. Marshall L. Rev. 827 (2006), Colleen E. Medill Jan 2006

Resolving The Judicial Paradox Of "Equitable" Relief Under Erisa Section 502(A)(3), 39 J. Marshall L. Rev. 827 (2006), Colleen E. Medill

UIC Law Review

No abstract provided.


Erisa Reform In A Post-Enron World, 39 J. Marshall L. Rev. 563 (2006), Justin Cummins, Meg Luger Nikolai Jan 2006

Erisa Reform In A Post-Enron World, 39 J. Marshall L. Rev. 563 (2006), Justin Cummins, Meg Luger Nikolai

UIC Law Review

No abstract provided.


The Great Vanishing Benefit, Employer Provided Retiree Medical Benefits: The Problem And Possible Solutions, 39 J. Marshall L. Rev. 785 (2006), Larry Grudzien Jan 2006

The Great Vanishing Benefit, Employer Provided Retiree Medical Benefits: The Problem And Possible Solutions, 39 J. Marshall L. Rev. 785 (2006), Larry Grudzien

UIC Law Review

No abstract provided.


Meet The New Test, Same As The Old Test: In Re Spearing Tool’S Rejection Of The Revised Article 9 Rules Means Secured Creditors Will Get Fooled Again, Joshua L. Edwards Jan 2006

Meet The New Test, Same As The Old Test: In Re Spearing Tool’S Rejection Of The Revised Article 9 Rules Means Secured Creditors Will Get Fooled Again, Joshua L. Edwards

Oklahoma Law Review

No abstract provided.


Kansas V. Prairie Band Potawatomi Nation: Undermining Indian Sovereignty Through State Taxation, Jesse K. Martin Jan 2006

Kansas V. Prairie Band Potawatomi Nation: Undermining Indian Sovereignty Through State Taxation, Jesse K. Martin

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Fleming V. Guiliani, Christopher G. Boies Jan 2006

Fleming V. Guiliani, Christopher G. Boies

NYLS Law Review

No abstract provided.


The Failure Of Innocent Spouse Reform, Richard C.E. Beck Jan 2006

The Failure Of Innocent Spouse Reform, Richard C.E. Beck

NYLS Law Review

No abstract provided.