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Tax Law

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2011

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The Vehicle Miles Tax: The Unintended Consequences Of Paying As You Drive, Gregory A. Lush Dec 2011

The Vehicle Miles Tax: The Unintended Consequences Of Paying As You Drive, Gregory A. Lush

Gregory A. Lush

No abstract provided.


The Vehicle Miles Tax: The Unintended Consequences Of Paying As You Drive, Gregory A. Lush Dec 2011

The Vehicle Miles Tax: The Unintended Consequences Of Paying As You Drive, Gregory A. Lush

Gregory A. Lush

3. A Vehicle Miles Tax Reduces Manufacturer Incentives to Build Electric Vehicles

It follows that if consumers have few incentives to buy electric vehicles, manufacturers will have less of an incentive to make them. If electric cars were not in demand, then why would anyone make them and try to sell them? In a market that is finding electric vehicles to be a tough sell, we need to encourage the sale and production of electric vehicles as much as possible. The effect of enacting a mileage-based tax will be the attrition of automakers producing electric vehicles, furthering the nation’s dependency …


The Anti-Injunction Act And The Individual Mandate, Steve R. Johnson Dec 2011

The Anti-Injunction Act And The Individual Mandate, Steve R. Johnson

Scholarly Publications

The Supreme Court will soon consider challenges to constitutionality of the so-called individual mandate portion of the Patient Protection and Affordable Care Act of 2010 (PPACA). It is important for the nation that the Court render a decision on the merits. This could be derailed, however, were the Court to dispose of the case by holding that the Anti-Injunction Act (AIA) and the Declaratory Judgment Act (DJA) preclude pre-enforcement review. Disposition on those grounds would subject the federal government, states, businesses, and individuals to years of additional uncertainty, inconvenience, and expense.

Fortunately, that threat to resolution on the merits can …


Historia, Maendeleo Na Mabadiliko Ya Katiba Tanzania Tangu Uhuru Hadi Miaka Hamsini Ya Uhuru 9 Desemba 2011., Daudi Mwita Nyamaka Mr. Dec 2011

Historia, Maendeleo Na Mabadiliko Ya Katiba Tanzania Tangu Uhuru Hadi Miaka Hamsini Ya Uhuru 9 Desemba 2011., Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

Jamhuri ya Muungano wa Tanzania ni nchi iliyotokana na nchi mbili za Tanganyika na Zanzibari mwaka 1964, tangu uhuru wa Tanganyika 1961 na uhuru wa Zanzibari 1963 pamekuwapo na maendeleo ya kikatiba kwa upande wa Muungano na kwa Zanzibari ambayo hatuna budi kuyatazama kwa mapana yake hasa juu ya ushirikishwaji wa watu katika kuzipata katiba hizi.


Taxation And Non-Discrimination: A Reconsideration, Hugh J. Ault, Jacques Sasseville Dec 2011

Taxation And Non-Discrimination: A Reconsideration, Hugh J. Ault, Jacques Sasseville

Hugh J. Ault

No abstract provided.


The New Application Of Transferee Liability, Robert D. Probasco Dec 2011

The New Application Of Transferee Liability, Robert D. Probasco

Robert Probasco

No abstract provided.


Front Matter Dec 2011

Front Matter

ACTEC Law Journal

No abstract provided.


Dead Hand Investing: The Enforceability Of Trust Investment Directives, Jeffrey A. Cooper Dec 2011

Dead Hand Investing: The Enforceability Of Trust Investment Directives, Jeffrey A. Cooper

ACTEC Law Journal

No abstract provided.


Estate Tax Deductions For Interest Paid On Loans Taken In Order To Pay Estate Taxes, Daniel Baltuch Dec 2011

Estate Tax Deductions For Interest Paid On Loans Taken In Order To Pay Estate Taxes, Daniel Baltuch

ACTEC Law Journal

No abstract provided.


Presumed Equal: Shares Of Cotenants, John V. Orth Dec 2011

Presumed Equal: Shares Of Cotenants, John V. Orth

ACTEC Law Journal

No abstract provided.


Representing The Fiduciary: To Whom Does The Attorney Owe Duties?, Kennedy Lee Dec 2011

Representing The Fiduciary: To Whom Does The Attorney Owe Duties?, Kennedy Lee

ACTEC Law Journal

No abstract provided.


Neither Rules Nor Standards, Steven Dean Dec 2011

Neither Rules Nor Standards, Steven Dean

Faculty Scholarship

Specifying the content of a requirement or a prohibition up front-e.g. replacing a "reasonable speed" requirement with a fifty-five miles per hour speed limit-can make life easier for enforcers and citizens alike. Recent efforts to substitute international tax rules for decades-old standards may do just the opposite, jeopardizing the "miracle" that is today's international tax regime. Enhanced information exchange and formulary apportionment will undermine the legitimacy that is essential to the success of any international legal regime. A better solution would overhaul the century-old benefits principle to weave enforcement deep into the fabric of the international tax regime. Only then …


Proposed 2009 Regulations Dealing With § 356 Nonrecognition Rules Should Be Given The Boot, Terri Guinn Dec 2011

Proposed 2009 Regulations Dealing With § 356 Nonrecognition Rules Should Be Given The Boot, Terri Guinn

San Diego Law Review

"Fire, Aim, Ready!" Could this be the approach taken by the Internal Revenue Service (the Service) in its attempt to finalize regulations, proposed more than two years ago, that would specify a new method for determining a shareholder's taxable gains and losses in certain reorganization transactions? Has the Service decided to elevate theory over practicality without thinking through all of the ramifications of these regulations? Finalizing these proposed regulations in their current form may have serious unintended consequences. As drafted, they miss their intended mark by inadvertently creating a loophole whereby some shareholders could take immediate losses on some of …


Flp Loss, But Crummey Win, Wendy G. Gerzog Nov 2011

Flp Loss, But Crummey Win, Wendy G. Gerzog

All Faculty Scholarship

In Turner the Tax Court determined that section 2036 applied to the decedent’s transfers of assets to his family limited partnership but that the insurance premiums he paid indirectly to his insurance trust qualified for the annual exclusion.


Electronic Contracts In Tanzania: An Appraisal Of The Legal Framework, Daudi Mwita Nyamaka Mr. Nov 2011

Electronic Contracts In Tanzania: An Appraisal Of The Legal Framework, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

The concern of our study was to examine the legal basis for electronic contracts in Tanzania. The major problems that were being examined are; the ascertainment of e-contract terms and the other party in the contract with the focus to consent i.e. consensus ad idem requirements and capacity to contract. With the first problem, e-commerce involves e-contracts and the business community in Tanzania enters into contractual arrangements with external world via websites or email in which case the electronic environment is not suitable in Tanzania in terms of the laws and the technology. Messages sent via internet may be garbled …


German Vat Compliance - Moving One Step Closer To Automated Third-Party Solutions, Richard Thompson Ainsworth Nov 2011

German Vat Compliance - Moving One Step Closer To Automated Third-Party Solutions, Richard Thompson Ainsworth

Faculty Scholarship

Recent developments in German VAT compliance, notably (a) the imposition of criminal penalties for failing to immediately amend a preliminary return that is known to be in error [Bundesgerichtshof decision of March 17, 2009, No. BGH 1 StR 342/08], when considered in tandem with (b) amendments to the voluntary disclosure rules, Gesetz zur Vebesserung der Bekämpfung von Geldwäsche und Steuerhinterziehung, it is clear that the German VAT compliance landscape has changed dramatically in the past year.

Taken as a whole, the German rules strongly encourage internal audits, self-reviews, and immediate self-disclosures of errors in previously filed returns and taxes paid. …


Wage Taxes And Compensating S Corporation Officers And Members Of Llcs And Llps, John W. Lee Nov 2011

Wage Taxes And Compensating S Corporation Officers And Members Of Llcs And Llps, John W. Lee

William & Mary Annual Tax Conference

No abstract provided.


Compensating Employees And Employee Owners, And Avoiding Problems With Payroll Tax And Executive Compensation Audits, Mary B. Hevener Nov 2011

Compensating Employees And Employee Owners, And Avoiding Problems With Payroll Tax And Executive Compensation Audits, Mary B. Hevener

William & Mary Annual Tax Conference

No abstract provided.


Accounting Methods, Keith Hennessy Nov 2011

Accounting Methods, Keith Hennessy

William & Mary Annual Tax Conference

No abstract provided.


Uncertain Tax Positions, Nikki Swaney Nov 2011

Uncertain Tax Positions, Nikki Swaney

William & Mary Annual Tax Conference

No abstract provided.


The Road Ahead: Deficit Reduction And Tax Reform, Caroline L. Harris Nov 2011

The Road Ahead: Deficit Reduction And Tax Reform, Caroline L. Harris

William & Mary Annual Tax Conference

No abstract provided.


Representing Clients In Audits And Controversies In Today's Tax Enforcement Environment, Craig D. Bell, Gerald A. Kafka Nov 2011

Representing Clients In Audits And Controversies In Today's Tax Enforcement Environment, Craig D. Bell, Gerald A. Kafka

William & Mary Annual Tax Conference

No abstract provided.


Real Estate Partnership And Llc Divorces, Cameron N. Cosby, Brian J. O'Connor Nov 2011

Real Estate Partnership And Llc Divorces, Cameron N. Cosby, Brian J. O'Connor

William & Mary Annual Tax Conference

No abstract provided.


A Comparison Of Partnership And S Corporation Exit Transactions, Mark J. Silverman, Aaron P. Nocjar Nov 2011

A Comparison Of Partnership And S Corporation Exit Transactions, Mark J. Silverman, Aaron P. Nocjar

William & Mary Annual Tax Conference

No abstract provided.


Fiscal Federalism In The United States, Walter Hellerstein Nov 2011

Fiscal Federalism In The United States, Walter Hellerstein

Presentations and Speeches

This presentation explores the fiscal powers of U.S. Federal and State governments with respect to taxation and spending.


Designing A More Efficient And Fairer Tax System, Singapore Management University Nov 2011

Designing A More Efficient And Fairer Tax System, Singapore Management University

Perspectives@SMU

“In this world, nothing can be said to be certain, except death and taxes,” Benjamin Franklin had once famously said. The founding father of the United States was convinced, some 200 years ago, of the importance of tax design on modern economies. Today, as more politicians and governments struggle to address fiscal deficits and income inequality through taxation, it has never been more important to get tax structures right.


Taxation, Craig D. Bell Nov 2011

Taxation, Craig D. Bell

University of Richmond Law Review

No abstract provided.


Noción Y Elementos Existenciales Del Título De Crédito, Bruno L. Costantini García Oct 2011

Noción Y Elementos Existenciales Del Título De Crédito, Bruno L. Costantini García

Bruno L. Costantini García

Discernir la noción y elementos de existencia de los títulos de crédito, considerando la doctrina y la denominación expresada en nuestra Ley General de Títulos y Operaciones de Crédito, conceptualizando el término de los documentos que consignan un derecho crediticio propio de su naturaleza y deslindando de manera dogmatica y exegética los elementos que lo forman y le dan su funcionamiento, mediante una visión de las instituciones jurídicas que les dan su existencia y aplicación dentro del devenir de los actos de comercio.


Tefra Audits And Refund Claims, Robert D. Probasco Oct 2011

Tefra Audits And Refund Claims, Robert D. Probasco

Robert Probasco

No abstract provided.


The Effective Tax Rate Of The Largest Us And Eu Multinationals, Reuven S. Avi-Yonah, Yaron Lahav Oct 2011

The Effective Tax Rate Of The Largest Us And Eu Multinationals, Reuven S. Avi-Yonah, Yaron Lahav

Law & Economics Working Papers

This paper compares the effective tax rates of the 100 largest US multinationals to the 100 largest EU multinationals for the period 2001-2010, based on financial disclosures. The paper finds that despite the higher US statutory rate the effective tax rates are comparable and that EU multinationals tend to have a higher effective tax rate. The likely explanation is that EU corporate taxes have a broader base. The paper concludes that current US tax law does not subject US based multinationals to a competitive disadvantage against their EU based competitors.