Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Accountability (1)
- Contracts/Consideration (1)
- Income tax/Evasion and avoidance/United States (1)
- Income tax/Exemptions (1)
- Religious organizations (1)
-
- Taxpayer compliance (1)
- Commerce clause (1)
- Corporate welfare (1)
- Criminal law (1)
- Discretionary trusts/North Carolina (1)
- Employer and employee (1)
- Gifts (1)
- Income tax/Deductions (1)
- Income tax/Evasion and avoidance (1)
- Income tax/Exemptions/United States (1)
- Income tax/Partnerships (1)
- Independent contractors (1)
- Inns and innkeepers (1)
- Internal Revenue Code of 1986 (1)
- Limitation of actions (1)
- Nonprofit hospitals (1)
- Public purpose doctrine/North Carolina (1)
- S corporations/Tax aspects (1)
- Social security tax (1)
- Spendthrift trusts/North Carolina (1)
- Tax incentives/North Carolina (1)
- Tax liens (1)
- Tax shelters (1)
- Tipping (1)
- United States/Internal Revenue Service (1)
Articles 1 - 11 of 11
Full-Text Articles in Law
Restoring Balance To The Federal Tax-Exemption Regime’S Treatment Of Hospitals: Let Their Actions Speak Louder Than Their Charters, Nicholas Archibald
Restoring Balance To The Federal Tax-Exemption Regime’S Treatment Of Hospitals: Let Their Actions Speak Louder Than Their Charters, Nicholas Archibald
Campbell Law Review
The tax-exemption system for American hospitals was created both to optimize care for those who cannot afford it and to encourage good deeds by hospitals. But despite well-intentioned attempts by the IRS to implement these lofty policy goals, for-profit hospitals today pay taxes despite at times providing more public benefit than their nonprofit brethren while nonprofit hospitals are incentivized to seek profit rather than provide free care. This rise of this state of affairs coincides with changes by the IRS to the standards required to obtain the exemption. Originally, the nonprofit system operated on a quid pro quo model, where …
Trafficking-In And Harvesting Tax Benefits May Be Subject To Restrictions And Limitations, Ray A. Knight, Dr. Lee G. Knight
Trafficking-In And Harvesting Tax Benefits May Be Subject To Restrictions And Limitations, Ray A. Knight, Dr. Lee G. Knight
Campbell Law Review
Trafficking in and harvesting preexisting or manufactured tax losses and credits may be both beneficial and lucrative, but it may be subject to restrictions and limitations. Internal Revenue Code (“IRC”) Section 269 generally provides that acquisition of control of a corporation to gain the benefit of a deduction, credit, or other allowance is prohibited. Does the Section 269 prohibition present a concrete barrier or is it just a smoke screen? This article examines the business purpose and economic substance doctrines to explain ways to circumvent Section 269. Then, this article analyzes IRC Section 382 to describe its impact and limitations …
Challenges And Opportunities For The Tax Professional Guiding Closely-Held Entities: 2009 & 2010 Regulatory And Judicial Developments Impacting Fourth Circuit Tax Practitioners, Rose L. Bailey
Campbell Law Review
When framing adequate tax advice to protect oneself from preparer penalties under sometimes ambiguous or unsettled tax law, or when trying to affect your best appellate argument or direct a strategic audit litigation path, there can be no doubt of the importance of considering judicial precedent developments in all of these paths. To that end, under the discretion of this Author, a selection of relevant administrative regulations and rulings as well as judicial authority rendered in 2009 through spring 2010 are contained in this Article to cover significant income taxation developments impacting certain closely-held entities. Closely-held entities are considered, for …
The People Versus Corporate Welfare: North Carolina's Forsaken Opportunity To Reverse Perversion Of The Commerce Clause And To Reinvigorate The Public Purpose Doctrine, Jeanette K. Doran
The People Versus Corporate Welfare: North Carolina's Forsaken Opportunity To Reverse Perversion Of The Commerce Clause And To Reinvigorate The Public Purpose Doctrine, Jeanette K. Doran
Campbell Law Review
This Article neither espouses judicial intervention in any political controversy nor offers "broad" and "sweeping" constitutional theories. Instead, this Article is calculated to recognize the efforts of taxpayers who have resorted to the very constitutional rights afforded to them as citizens and taxpayers to challenge governmental acts which are repugnant to the very foundations of our society and to encourage the judiciary to fulfill its duty to reject legislation which is contrary to the state or federal constitution. As the North Carolina Supreme Court stated in the Great Atlantic & Pacific Tea Co. v. Maxwell case: "The principle of equal …
And Now For Something Completely Different: Spendthrift, Discretionary, And Protective Trusts In North Carolina And The Federal Tax Lien, Philip Z. Brown
And Now For Something Completely Different: Spendthrift, Discretionary, And Protective Trusts In North Carolina And The Federal Tax Lien, Philip Z. Brown
Campbell Law Review
This Comment seeks to discuss the impact of the revisions made to North Carolina trust law effective January, 2006, in the context of their incongruity with the common law and the potential for favoritism toward federal tax liens over prior liens attached by state creditors (including liens for state taxes). In order to rectify the problems created by the revisions, North Carolina should either clarify the impact of these changes so as not to leave settlors, trustees, or beneficiaries with unrealistic expectations or revise the code to fill in the gaps created by the revisions.
Exceptional Circumstances: The Material Benefit Rule In Practice And Theory, Clay B. Tousey Iii
Exceptional Circumstances: The Material Benefit Rule In Practice And Theory, Clay B. Tousey Iii
Campbell Law Review
The collapse of Starr's seemingly meritorious claim and the court's interestingly inconsequential mention of Section 86 raise the motivating questions of this article. First, is Section 86 and the "material benefit rule" it embodies ever applied in court, and, if so, can a unifying theme be found between those cases in which courts choose to enforce the post-benefit promise and those in which they do not?
The Nonprofit Hospital: A Call For New National Guidance Requiring Minimum Annual Charity Care To Qualify For Federal Tax Exemption, Gabriel O. Aitsebaomo
The Nonprofit Hospital: A Call For New National Guidance Requiring Minimum Annual Charity Care To Qualify For Federal Tax Exemption, Gabriel O. Aitsebaomo
Campbell Law Review
This article begins with an examination of the origin of the federal tax exemption of the tax-exempt hospital, the current statutory frame-work for federal tax exemption, and the community benefits standard. Next, the article discusses the rationale for the exemption and the regulatory changes in the standards of exemption that paved the way for the current movement away from charity care by the tax-exempt hospital and the need for new national guidance. Thereafter, the article discusses some state initiatives aimed at making the tax-exempt hospital more accountable. Finally, the article recommends that the Internal Revenue Service (the "Service") issue a …
Service With A Chagrin: The Problem Of Aggregate Estimates Of Unreported Tips In United States V. Fior D'Italia, Inc., Christopher A. Crowson
Service With A Chagrin: The Problem Of Aggregate Estimates Of Unreported Tips In United States V. Fior D'Italia, Inc., Christopher A. Crowson
Campbell Law Review
No abstract provided.
Current Federal And State Conflicts In The Independent Contractor Versus Employee Classification Controversy, Jack E. Karns
Current Federal And State Conflicts In The Independent Contractor Versus Employee Classification Controversy, Jack E. Karns
Campbell Law Review
Part II of this Article outlines the development of the federal IRS worker classification status and attendant issues. Part III introduces some initiatives taken by the IRS in an effort to settle cases with taxpayers. Part IV discusses the federal criminal sanctions that can be imposed on an individual or entity which fails to collect or pay over to the United States Treasury these employment trust fund taxes. In Part V, the status of worker classification in North Carolina is considered relative to cases filed primarily with the Employment Security Commission. Finally, in Part VI, some observations are offered regarding …
Mail-Order Ministries Under The Section 170 Charitable Contribution Deduction: The First Amendment Restrictions, The Minister's Burden Of Proof, And The Effect Of Tra '86, Anthony L. Scialabba, Melissa B. Kurtzman, Lance J.M. Steinhart
Mail-Order Ministries Under The Section 170 Charitable Contribution Deduction: The First Amendment Restrictions, The Minister's Burden Of Proof, And The Effect Of Tra '86, Anthony L. Scialabba, Melissa B. Kurtzman, Lance J.M. Steinhart
Campbell Law Review
This article will concern the "section 170 deduction method" of establishing a mail-order ministry. Part II examines the constitutional restraints that present problems to the IRS and the courts when they attempt to challenge this tax avoidance scheme. Part III sets forth the problems that the IRS and the courts face with mailorder ministry schemes. Part IV discusses the section 170 deduction method. Finally, Part V provides a summary and conclusion of the article.
The Unrelated Business Taxable Income Of Social Clubs: An Analysis Of Section 512(A)(3)(A), Cleveland Athletic Club, Inc. V. United States, And Brook, Inc. V. C.I.R., Anthony L. Scialabba
The Unrelated Business Taxable Income Of Social Clubs: An Analysis Of Section 512(A)(3)(A), Cleveland Athletic Club, Inc. V. United States, And Brook, Inc. V. C.I.R., Anthony L. Scialabba
Campbell Law Review
This article examines the unrelated business income taxation of social clubs, the Brook and the Cleveland Athletic Club cases, which opinion is correct and why, and the ramifications of these decisions.