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Articles 1 - 9 of 9

Full-Text Articles in Law

Bankruptcy Reform: What's Tax Got To Do With It, Michelle Arnopol Cecil Nov 2006

Bankruptcy Reform: What's Tax Got To Do With It, Michelle Arnopol Cecil

Missouri Law Review

On April 20, 2005, President Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), the most sweeping bankruptcy reform legislation passed by Congress in over a quarter of a century. The bill, which spanned over 600 pages, completelyoverhauled the consumer bankruptcy system and made significant changes to business bankruptcies as well. Yet despite Congress's massive effort to improve the current bankruptcy system in BAPCPA, it failed to address a number of important issues in the area of bankruptcy taxation, a critical but often overlooked area of bankruptcy law. One such issue involves the tax …


The Impact Of Tax-Exempt Status: The Supply-Side Subsidies, Richard L. Schmalbeck Oct 2006

The Impact Of Tax-Exempt Status: The Supply-Side Subsidies, Richard L. Schmalbeck

Law and Contemporary Problems

Schmalbeck provides some background and history of the tax rules governing health care institutions and assess the significance of the subsidies these tax rules create.


Of Head Taxes, Income Taxes, And Distributive Justice In American Health Care, Lawrence Zelenak Oct 2006

Of Head Taxes, Income Taxes, And Distributive Justice In American Health Care, Lawrence Zelenak

Law and Contemporary Problems

Havighurst and Richman have made an important contribution by uncovering ways in which the current system of health care financing, including the income-tax treatment of employer-provided health insurance, has disturbing distributional effects.


Post-Disaster Tax Legislation: A Series Of Unfortunate Events, Ellen P. Aprill, Richard Schmalbeck Oct 2006

Post-Disaster Tax Legislation: A Series Of Unfortunate Events, Ellen P. Aprill, Richard Schmalbeck

Duke Law Journal

When a disaster strikes the United States, Congress typically feels heavy pressure to enact legislation, including tax legislation, to provide relief. This Article discusses features of two tax legislative initiatives, which responded to two quite different disasters: first, the response to the devastation of the fall 2005 hurricane season and, then, the response to the earlier terrorist attacks on the World Trade Center and Pentagon of September 11, 2001. The Article first raises the possibility that some of the provisions of these acts may be vulnerable to indirect constitutional challenge under the Uniformity Clause. In examining some of the problems …


The Tax Subsidy To Employment-Based Health Insurance And The Distribution Of Well-Being, Mark Pauly Oct 2006

The Tax Subsidy To Employment-Based Health Insurance And The Distribution Of Well-Being, Mark Pauly

Law and Contemporary Problems

Pauly considers some recent contrasting views on the distributional effects of the tax subsidy within employment groups. He shows that the correct answer depends on what one assumes to be the within-group incidence of the reduction in money wages that occurs when group insurance is part of a competitive compensation package.


Taxing Endowment, Lawrence Zelenak Apr 2006

Taxing Endowment, Lawrence Zelenak

Duke Law Journal

No abstract provided.


Internet Taxation Without Physical Representation?: States Seek Solution To Stop E-Commerce Sales Tax Shortfall, Eric A. Ess Jan 2006

Internet Taxation Without Physical Representation?: States Seek Solution To Stop E-Commerce Sales Tax Shortfall, Eric A. Ess

Saint Louis University Law Journal

No abstract provided.


Taxation, Compensation, And Judicial Independence, Jonathan L. Entin, Erik M. Jensen Jan 2006

Taxation, Compensation, And Judicial Independence, Jonathan L. Entin, Erik M. Jensen

Case Western Reserve 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.