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2006

Law

Selected Works

Taxation

Articles 1 - 5 of 5

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The Jec's Estate Tax Report: Myths And Legends, Neil H. Buchanan Jun 2006

The Jec's Estate Tax Report: Myths And Legends, Neil H. Buchanan

Neil H. Buchanan

Advocates of estate tax repeal often assert that family-run businesses and farms are broken up when heirs are unable to pay the estate tax. This claim has never been proven, but a recent Joint Economic Committee report claims to demonstrate that it is true. I assess the arguments and evidence presented in the JEC report and find that there is nothing in it that proves that the estate tax breaks up family-run businesses and farms. In fact, the most credible source cited by the report suggests that families might have adequate liquid resources to pay the estate tax or even …

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The Choose-Your-Charity Tax: A Way To Incentivize Greater Giving, Aaron S. Edlin Jan 2006

The Choose-Your-Charity Tax: A Way To Incentivize Greater Giving, Aaron S. Edlin

Aaron Edlin

Why don’t people give more to charity? One reason is that the problems will be there whether individuals give or not. Here is a policy--inspired by the matching grants that charities use so effectively--that could actually make a real difference.

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The Eu Means Business: A Survey Of Legal Challenges And Opportunities, Eric A. Engle Dec 2005

The Eu Means Business: A Survey Of Legal Challenges And Opportunities, Eric A. Engle

Eric A. Engle

The article outlines European Union company law -- the SE, insider trading, taxation and related regulations and directives of the European Union and notes the parallels between U.S. and E.U. insider trading law - E.U. insider trading law has been clearly formed by U.S. law and does parallel it.

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Has Congress Stopped Executives From Raiding The Bank? A Critical Analysis Of I.R.C. §409a, Michael Hussey Dec 2005

Has Congress Stopped Executives From Raiding The Bank? A Critical Analysis Of I.R.C. §409a, Michael Hussey

Michael Hussey

In October 2004 Congress passed the American Jobs Creation Act ("AJCA"). Among other things, the AJCA created Internal Revenue Code §409A to address perceived abuses of nonqualified deferred compensation. Section 409A contains detailed and restrictive provisions relating to nonqualified deferred compensation including rules on when distributions may be made, when the arrangement may be renegotiated, and new penalties applicable if a plan fails to qualify under §409A.

This paper focuses on how §409A began largely as a reaction to the sizeable distributions to Enron executives from their nonqualified deferred compensation accounts shortly before Enron's collapse. The paper discusses how §409A …

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Is It Sometimes Good To Run Budget Deficits? If So, Should We Admit It (Out Loud)?, Neil H. Buchanan Dec 2005

Is It Sometimes Good To Run Budget Deficits? If So, Should We Admit It (Out Loud)?, Neil H. Buchanan

Neil H. Buchanan

There are bad deficits and there are good deficits. What makes a fiscal deficit good or bad depends on both the context in which the deficit is run and the reason that the deficit is rising. The belief that it is unquestionably foolish to adopt policies that directly or indirectly increase the government's annual borrowing on the financial markets - which is what it means to run a budget deficit - is not the universal truth that the current conventional wisdom might imply. Budget deficits are potentially dangerous and must be monitored carefully, but they are not always, inevitably, completely, …

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