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Implied Private Remedies Under Federal Statutes: Neither A Death Knell Nor A Moratorium--Civil Rights, Securities Regulation, And Beyond, Thomas L. Hazen
Implied Private Remedies Under Federal Statutes: Neither A Death Knell Nor A Moratorium--Civil Rights, Securities Regulation, And Beyond, Thomas L. Hazen
Vanderbilt Law Review
The part of this Article that follows contains an examination of the implication process as it has developed in the federal courts.As will be seen, the Supreme Court has gone through a cyclical pattern of expansion and contraction in implying remedies with respect to a wide range of substantive areas. Accordingly, it is not possible to glean a single unified theory from the sixty-five years of Supreme Court activity. There are, however, a number of recurring themes, and it is possible to view all of the diverse approaches as part of a loosely defined pattern that was formulated into a …
Corporate Borrowing For Investment In Equity Securities: Tax Advantages Via The Interest Deduction And Dividends Received Deduction, Thomas D. Moore, Jr.
Corporate Borrowing For Investment In Equity Securities: Tax Advantages Via The Interest Deduction And Dividends Received Deduction, Thomas D. Moore, Jr.
Vanderbilt Law Review
By borrowing money and purchasing preferred stocks with an average yield greater than 58% of the interest rate on the debt, a corporation at the maximum marginal tax rate can reduce its federal income tax liability. In evaluating the potential benefit of this practice, the corporation must consider transactions costs and its ability either to tie the debt to the equities or to have a sufficiently distant maturity on the debt to weather interest rate cycles that depress preferred stock prices. A small to medium-sized corporation probably is in a better position to obtain appropriate debt and to purchase enough …