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Tax-Deductible Conservation Easements And The Essential Perpetuity Requirements, Nancy Mclaughlin
Tax-Deductible Conservation Easements And The Essential Perpetuity Requirements, Nancy Mclaughlin
Utah Law Faculty Scholarship
Property owners who make charitable gifts of perpetual conservation easements are eligible to claim federal charitable income tax deductions. Through this tax-incentive program the public is investing billions of dollars in easements encumbering millions of acres nationwide. In response to reports of abuse in the early 2000s, the Internal Revenue Service (Service) began auditing and litigating questionable easement donation transactions, and the resulting case law reveals significant failures to comply with the deduction’s requirements. Recently, the Service has come under fire for enforcing the deduction’s “perpetuity” requirements, which are intended to ensure that the easements will protect the subject properties’ …
Considering "Citizenship Taxation": In Defense Of Fatca, Young Ran Kim
Considering "Citizenship Taxation": In Defense Of Fatca, Young Ran Kim
Utah Law Faculty Scholarship
Inspired by Ruth Mason’s recent article, Citizenship Taxation, which reaches a general conclusion against citizenship taxation, this Article also questions citizen taxation under the same normative framework, but with a particular focus on efficiency and administrability, and takes a much less critical stance towards the merits of citizenship taxation. First, neither citizenship taxation nor residence-based taxation can completely account for the differences between residents’ and nonresidents’ ability to pay taxes under the fairness argument. Second, the efficiency argument, that citizenship taxation may distort both Americans’ and non-Americans’ citizenship decisions, is not convincing. The American citizenship renunciation rate is not particularly …
Amici Curiae Brief Of Law Professors, Belk V. Commissioner, U.S. Court Of Appeals For The Fourth Circuit, Nancy Mclaughlin
Amici Curiae Brief Of Law Professors, Belk V. Commissioner, U.S. Court Of Appeals For The Fourth Circuit, Nancy Mclaughlin
Utah Law Faculty Scholarship
Amici Curiae Brief of five law professors filed in the U.S. Court of Appeals for the Fourth Circuit in support of affirming of the Tax Court's holding in Belk v. Commissioner, T.C. Memo 2013-154, and Belk v. Commissioner, 140 T.C. 1 (2013).