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Full-Text Articles in Law
The Taxation Of Intellectual Capital, Lily Kahng
The Taxation Of Intellectual Capital, Lily Kahng
Faculty Articles
Intellectual capital-broadly defined to include nonphysical sources of value such as patents and copyrights, computer software, organizational processes, and know-how-has a long history of being undervalued and excluded from measures of economic productivity and wealth. In recent years, however, intellectual capital has finally gained wide recognition as a central driver of economic productivity and growth. Scholars in fields such as knowledge management, financial accounting, and national accounting have produced a wealth of research that significantly advances the conceptual understanding of intellectual capital and introduces new methodologies for identifying and measuring its economic value. This article is the first to analyze …
Bankruptcy’S Corporate Tax Loophole, Diane Lourdes Dick
Bankruptcy’S Corporate Tax Loophole, Diane Lourdes Dick
Faculty Articles
Imagine you are a company with a failing business that is drowning in debt. On the bright side, you also possess a very valuable asset. This asset is unique because, unlike most assets, if you liquidate the business through a Chapter 7 bankruptcy, it will be extinguished and its value will not be realized by any shareholders or creditors. On the other hand, even if you substantially liquidate the business using Chapter 11, you can, thanks to an extraordinary ambiguity in the law, preserve this valuable asset. Even better, you can direct the value of this asset to your preferred …