Law Commons^™

Recent Developments In The Taxation Of Corporations And Shareholders, Peter P. Weidenbruch Jr.

William & Mary Annual Tax Conference

No abstract provided.

A List Of Potential "Gotchas": Employee Benefit Plan Issues Where Business Structure Is Changed, Rebecca J. Miller

William & Mary Annual Tax Conference

No abstract provided.

Corporate Divisions Under Section 355, Mark J. Silverman, Kevin M. Keyes

William & Mary Annual Tax Conference

No abstract provided.

Section 2036(C), Jere D. Mcgaffey

William & Mary Annual Tax Conference

No abstract provided.

Effective Use Of Buy & Sell Agreements: Alternatives To The Traditional Buy & Sell Agreement, Myron E. Sildon

William & Mary Annual Tax Conference

No abstract provided.

Issues Involved In Allocation Of Purchase Price In Stock And Asset Acquisitions, Including Impact Of Section 1060, Samuel C. Thompson Jr.

William & Mary Annual Tax Conference

No abstract provided.

Allocating Partnership Liabilities Under The New Section 752 Regulations, William F. Nelson

William & Mary Annual Tax Conference

No abstract provided.

Planning Considerations For Like-Kind Exchanges Involving Partnerships, Joseph G. Howe Iii

William & Mary Annual Tax Conference

No abstract provided.

Equal Protection Run Amok? An Analysis Of The Nebraska Supreme Court's Decision In The Northern Natural Gas Case, Walter Hellerstein

Scholarly Works

In Northern Natural Gas Co. v. State Board of Equalization and Assessment, the Nebraska Supreme Court held that the state could not constitutionally tax the personal property of one taxpayer while exempting the personal property of other taxpayers. Specifically, the court held that pipelines were entitled to an exemption of their personal property because the personal property of railroads and car-lines had been exempted from taxation pursuant to the provisions of the Railroad revitalization and Regulatory Reform Act of 1976 (the 4-R Act), which requires that the railroad and car-line property be taxed in the same way as other commercial …

Administrative Procedure And The Internal Revenue Service: Delimiting The Substantial Understatement Penalty, Peter A. Appel

Scholarly Works

In the early 1980's, Congress faced the mounting problems of tax shelters and other forms of tax avoidance. It responded by passing a series of laws.1 One of these provisions, section 6661 of the Internal Revenue Code, penalizes "substantial understatement" of tax liability.2 While section 6661 may appear to be a typical, innocuous tax code provision, close examination reveals that the substantial understatement penalty threatens to expand quietly the power of the Internal Revenue Service (IRS) over taxpayers, violating the spirit of the Administrative Procedure Act (APA) in the process.

Section I of this Note explores the background of section …

Recent Approaches To The Trade Or Business Requirement Of Section 174: Unauthorized Snow Removal, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

State Taxation Of Federally Deferred Income: The Interstate Dimension, James C. Smith, Walter Hellerstein

Scholarly Works

Most states that impose income taxes conform their levies to the federal model. Consequently, when income is realized but not recognized at the federal level-for example, when a taxpayer reinvests the gain from the sale of her former residence in a new residence or when a taxpayer realizes gain from the exchange of like-kind property -- states typically follow the federal rule in deferring recognition of that income. On the assumption that state conformity to the federal nonrecognition rules reflects an implicit endorsement of the policies underlying those rules, state deferral ordinarily raises no issue independent of those raised by …

Financing Difficulties Stall Linkage In Providence, Chester Smolski

Smolski Texts

"When the India Point Club luxury condominium development, scheduled to be built on the Providence waterfront, was announced in 1987, there were many local skeptics who said it was too expensive for the Providence market. After all, selling penthouse condos overlooking the dirty Providence River for over $1 million was quite ambitious--and some said impossible."

State Administration Of A National Sales Tax: A New Opportunity For Cooperative Federalism, John A. Miller

Articles

No abstract provided.

The Latest Turn Of The Screw In Estate Planning: The Legislative Attack On Disproportionate Transfers, John A. Miller

Articles

No abstract provided.

Section 752(C): The Other Issue In Tufts V. Commissioner, L. Scott Stafford

Faculty Scholarship

No abstract provided.

Tax Treatment Of Employment-Related Personal Injury Awards: The Need For Limits, J. Martin Burke, Michael K. Friel

UF Law Faculty Publications

This article examines Section 104(a)(2) of the Internal Revenue Code and the litigation that has centered on the applicability of this Section to payments in settlement or other resolution of employment-related disputes arising out of an employment relationship and accompanied by charges of tortious conduct leveled at one or more of the parties. Part II reviews the origin of amounts received as damages on account of non-physical injuries. Part III analyzes the application of Section 104(a)(2) focusing on how courts have often blurred the distinction between what non-physical injuries are encompassed by the term “personal injury,” and whether a taxpayer …

Taxing Corporate Acquisitions: A Proposal For Mandatory Uniform Rules, Glenn E. Coven

Faculty Publications

No abstract provided.

Congressional Diversions: Legislative Responses To The Estate Valuation Freeze, Wayne M. Gazur

Publications

No abstract provided.

The Relationship Of Federal Income Taxes To Toxic Wastes: A Selective Study, Richard A. Westin

Law Faculty Scholarly Articles

More demanding federal regulation, universal local opposition to waste treatment and disposal facilities, and increased long-term liabilities for waste sites have substantially restricted the supply of licensed waste handlers and have sharply increased the costs of waste disposal. As a result of increased costs and downstream liabilities for cleanup, industrial generators have begun to examine more closely their waste management practices and opportunities they may have to reduce the amount of hazardous waste they generate.

The urgent need to marshal the full range of industrial strategies to achieve significant reduction in the amount and toxicity of hazardous waste and the …

The Deductibility Of A Worthless Right To Contribution For Joint Income Taxes: The Mistaken Line Of Cases Under Rude V. Commissioner, Richard C.E. Beck

Articles & Chapters

No abstract provided.

Retirement Security And Tax Policies: A Reply, Michael J. Graetz

Faculty Scholarship

In an Article published in the April 1987 issue of the University of Pennsylvania Law Review, I urged that the three major components of this nation's retirement income system – Social Security, and income tax preferences for both employer-sponsored pension plans and individual retirement savings – be analyzed as a comprehensive national retirement income security program. I demonstrated that such an integrated view of this tripartite retirement security system reveals serious problems both with Social Security and with the generally applauded "tax expenditure" provisions for private pensions and individual savings. Viewing the three elements as a unified retirement security arrangement …

State Taxation And The Supreme Court, Walter Hellerstein

Scholarly Works

The Supreme Court's outpouring of significant state tax decisions in recent years has elicited little more than a yawn from most constitutional scholars. The nation's preeminent law reviews, which once were filled with articles examining the Court's state tax opinions, pay scant attention to them today. Leading constitutional law casebooks make only passing reference to state taxation. Indeed, the Court itself has expressed ennui over the prospect of adjudicating a seemingly endless stream of state tax controversies. The lack of academic interest in the Court's state tax jurisprudence may be attributable to several factors. Matters of greater cosmic significance -- …