Law Commons^™

Note: City Of Oakland V. Wells Fargo Co.: Examining The Proximate Cause Standard Under The Fair Housing Act, Ava Lau-Silveira

Golden Gate University Law Review

The Financial Services Modernization Act of 1999 partially deregulated the financial industry under the premise of helping “everyone attain the American dream of home ownership.” In 1999, the “Fannie Mae” made subprime mortgage loans readily accessible to those who normally would not qualify. People in Oakland, who “used to find it difficult to obtain mortgages,” were suddenly able to obtain mortgage loans, but with subprime terms, which started with low monthly payments, but would increase based on changes in the market interest rates. By 2008, subprime borrowers began defaulting on their loans at an unprecedented rate.

During the 2008 mortgage …

What To Do With Leftovers: Collecting Earmarked Donations Through Mobile Payment Apps, Mary Scott Polk

GGU Tax & Estate Planning Review

With the rise in mobile payment applications, charitable donations using these platforms are increasing; equally, the use of a conduit between a donor and a charity to solicit and collect donations for the charity’s benefit is growing. If a charity is overfunded or the charitable purpose is no longer available, the conduit is caught holding a pool of designated donations without the ability to contact the donors for permission for a similar or alternate use. Using the Internal Revenue Code requirements, the authority and regulations are not apparent for a charitable contribution through a conduit, particularly not for a conduit’s …

Ruesch V. Comm’R, Alexis Pickins

GGU Tax & Estate Planning Review

Nature of Case: Whether the U.S. Tax Court has jurisdiction to decide Ms. Ruesch’s underlying liability for penalties assessed by the Internal Revenue Services (IRS); and whether Ms. Ruesch’s claim against the IRS is moot due to the IRS’s reversal of their classification of her as seriously delinquent?

The two important issues at dispute are: (1) whether the U.S. Tax Court has jurisdiction to decide Ms. Ruesch’s underlying liability for penalties assessed by the Internal Revenue Services (IRS); and (2) whether Ms. Ruesch’s claim against the IRS is moot due to the IRS’s reversal of their classification of her as …

Chadwick V. Comm’R, Jerica Barber

GGU Tax & Estate Planning Review

Nature of Case: Whether written supervisor approval is required for trust fund recovery penalties to be collected against a responsible person required to submit employment taxes when penalties assessment recommendation forms were submitted by IRS revenue officers?

Using Tax Law To Perpetuate Gentrification: Vinegar Hill Lives Again In Charlottesville, Kelsey Massey

GGU Tax & Estate Planning Review

The 2017 Tax Cuts and Jobs Act, enacted by the Trump administration, created the largest government-sponsored subsidy for urban renewal through the Opportunity Zones program. This tax expenditure is designed to delay and even avoid capital gains taxes to incentivize development in areas deemed to be in economic distress. While the program’s stated intent is to revitalize neighborhoods, build affordable housing, or promote small businesses, the selection of qualified areas is based on the income rate of residents. That is to say, a subsidy program focused on the physical place improvements has based its designation criteria on local resident’s income. …

Interview: Robert Patterson, Bacilio Mendez

GGU Tax & Estate Planning Review

Dr. Marcia Ruben, Assistant Professor and Chair of GGU’s Graduate Management Program, speaks with Robert Patterson—an MS Taxation alumnus and Director and Worldwide Tax & Trade Controller at Microsoft—about his life and career.

Interview: Nathan Pastor On Barefoot V. Jennings, Bacilio Mendez Ii

GGU Tax & Estate Planning Review

In February 2020 (read: pre-COVID-19-pandemic and the California shelter-in-place order taking hold), I was lucky enough to sit down with Nathan Pastor (JD ’14, LLM ’16, right) to discuss a case that resulted in a seismic shift in California probate law—Barefoot v. Jennings.

In Re. Estate Of Easterday, Corey Michelle Timpson

GGU Tax & Estate Planning Review

Whether pending divorce has an effect on entitlement to life insurance; and whether ERISA preempts state law specifically relating to enforcement of a contractual waiver in relation to pension benefits.

Sveen V. Melin, Steven J. Reading

GGU Tax & Estate Planning Review

Does the retroactive application of a revocation-on-divorce statute to contracts entered into prior to the enactment of the statute violate the Contracts Clause of the Constitution?

Dieringer V.Comm'r Of Internal Revenue, Christian Ramos

GGU Tax & Estate Planning Review

Whether the Tax Court 1) should have valued the charitable gift at Victoria’s Date of Death, 2) even if post-death events could be considered, the Tax Court erred by not accounting for a decline in value of Victoria’s shares caused by economic forces, and 3) the Tax Court erred by upholding the accuracy-related penalty under I.R.C. § 662.

In Re. Sealed Case, Christian Ramos

GGU Tax & Estate Planning Review

Whether the Tax Court abused its discretion in denying the Appellant’s request to proceed anonymously because he is a serial filer who relies upon public information

N.C. Dep’T Of Revenue V. Kimberley Rice Kaestner 1992 Family Trust, Corey Michelle Timpson

GGU Tax & Estate Planning Review

Whether a State can tax a trust income for the benefit of a North Carolina resident when no income was, or could have been, received by the trust and when no connection to the Trust existed outside of the beneficiary’s residence in North Carolina.

United States V. Dimartino, Christian Ramos

GGU Tax & Estate Planning Review

Whether the United States District Court for the District of Connecticut, abused its discretion in denying DiMartino’s request for a competency hearing and giving no weight to Defendant’s psychologist’s report prepared at counsel’s request.

Salce V. Cardell, Corey Michelle Timpson

GGU Tax & Estate Planning Review

Whether either party violated the in terrorem clause as stated in both the trust and last will and testament.

Duncan V. Rawls, Steven J. Reading

GGU Tax & Estate Planning Review

Whether and under what circumstances Georgia public policy prohibits enforcement of an in terrorem, or no contest, provision of a trust.

February 2020 Breakdown Of State-By-State Gilti Conformity, Bacilio Medez Ii

GGU Tax & Estate Planning Review

It has been two years since the enactment of the Tax Cuts and Jobs Act (TCJA) and many states are still wrestling with exactly how they plan to conform to key provisions of the law—particularly those provisions related to Global Intangible Low-Taxed Income (GILTI).

Amy Mclellan, Jd, Llm, To Lead Goldengate University's New Joint Llm And Ms Intaxation Program, Golden Gate University School Of Law

Press Releases

Golden Gate University (GGU) announces the appointment of Amy B. McLellan , JD, LLM, as Dean of the Braden School of Taxation and Director of the LLM Taxation and Estate Planning programs— marking the beginning of a groundbreaking joint program, after separate operation within the University for many years.This new high-level role signifies another innovative step forward to prepare students for today's merging worlds ob business, law, and technology.

Honorable Marshall Whitley Named Director Of Golden Gate University Law’S Llm In Taxation Program, Lisa Lomba

Press Releases

Golden Gate University (GGU) recently named the Honorable Marshall Whitley (Ret.) as Director of the School of Law’s LLM (Masters of Laws) in Taxation Program and Lindsay Jester as the program’s Assistant Director. Whitley was an adjunct professor in the program for nearly three decades prior to his promotion. He served for twenty years in the California Courts. For 10 of those years, Whitley presided over the Probate Departments for the California Superior Court in Alameda County.

Tax Deductions Of Palimony Arrangements, Kimberly Stanley

Publications

Ninth Circuit finds that for a tax deduction, consideration must be evaluated under federal tax law, not state contract law, explains Kimberly Stanley of Golden Gate University School of Law.

Imposition Of Impact Fees After Volusia County V. Aberdeen: Has Florida Finally Reached Its State And Federal Constitutional Limit?, Shari Cruse

Golden Gate University Law Review

This Note first discusses the difference between the assessment of fees and the imposition of taxes, and provides a brief history of the development, limitations and expansion of impact fees in Florida. Parts III and IV of this Note provide an outline of the facts and procedural history of Volusia County v. Aberdeen, including the initial lawsuit filed by Aberdeen, L.P., and other leading Florida case law on assessment and impact fees. Part V of this Note discusses the Florida Supreme Court's rationale for upholding the lower court's ruling in favor of Aberdeen, L.P., which will then be comparatively analyzed …

The Amalgamating Reorganization Provisions: The Asymmetry In Treatment Of Forward And Reverse Triangular Mergers And Other Problems, Tad Ravazzini

Golden Gate University Law Review

This comment will discuss the amalgamating reorganizations generally (types A through C as well as some D's) and, specifically, triangular reorganizations. This comment will first provide an overview of the general requirements of the amalgamating reorganization provisions. It will then continue to the following topics: (1) a discussion of the Code's triangular reorganization provisions, giving attention to both forward and reverse triangular mergers; (2) an analysis of the asymmetry in treatment of triangular mergers based on whether they take the form of a forward or reverse triangular merger; (3) an exploration of the Congressional desire for tax-parity among the reorganization …

Department Of Revenue V. Kurth Ranch: The Expansion Of Double Jeopardy Jurisprudence Into Civil Tax Proceedings, Tad Ravazzini

Golden Gate University Law Review

This summary first provides a brief overview of the Fifth Amendment's Double Jeopardy Clause. The overview will be followed by an analysis of the Supreme Court's expansion of double jeopardy application in United States v. Halper. The summary will then briefly analyze Montana's Dangerous Drug Tax Act. Finally, the summary will discuss the majority's reasoning in Kurth Ranch, and examine the three separate dissenting opinions.

Tax Law - In Re Kroy (Europe) Limited: Whether A Corporation May Amortize And Deduct Loan Fees Incurred In Financing A Stock Redemption, Robert G. Lorndale Jr.

Golden Gate University Law Review

In In re Kroy (Europe) Limited,l the Ninth Circuit held that a corporation could amortize and deduct fees which it incurred in borrowing funds used to redeem stock under §162(a) of the Internal Revenue Code. Section 162(a) allows a corporation to deduct ordinary and necessary business expenses. Kroy required the court to decide whether §162(k) of the Internal Revenue Code, an exception to §162(a), applied to these fees and would preclude their deduction. Section 162(k) disallows deduction of any expenses incurred "in connection with" a stock redemption. The Ninth Circuit determined that §162(k) did not apply to the fees because …

Tax Law, James Thurston

Golden Gate University Law Review

No abstract provided.

Recent Developments In The Taxation Of Computer Software, Robert W. Mcgee

Golden Gate University Law Review

Computer software has tax consequences both at the state and federal levels. At the state level, software might be subject to sales, use or property taxation if it is considered to be tangible personal property. On the federal level, software may qualify for the investment tax credit or research credit, also depending on tangibility. In the last few years, both state and federal courts and legislatures have rendered decisions and passed laws that have altered the taxability of computer software. This article summarizes those changes and attempts to spot a trend.

Tax Law, Matthew B. Krasner

Golden Gate University Law Review

No abstract provided.

Can The Internal Revenue Service Be Held Accountable For Its Administrative Conduct? The I.R.C. Section 7430 Fee Recovery Controversy, Dani Michele Miller

Golden Gate University Law Review

No abstract provided.

Tax Law, William K. Peterson

Golden Gate University Law Review

No abstract provided.

When A Liquidating Corporation Distributes A Partnership Interest: The Problem Of Depreciation/Acrs Recapture, Twila Castellucci

Golden Gate University Law Review

This Note will discuss the tax consequences when a corporation liquidates and distributes its partnership interest to a shareholder. Included in this discussion will be an analysis of whether a corporation can avoid paying taxes on recapture income if it has not received any tax benefit from deductions subject to recapture.

Summaries: Tax Law, Blaise Curet

Golden Gate University Law Review

No abstract provided.