Law Commons^™

How To Try A Tax Court Case, James S. Halpren, Charles W. Hall

William & Mary Annual Tax Conference

No abstract provided.

Changing Places: Tax Treatment Of Changes In Choice Of Entity, Richard M. Lipton

William & Mary Annual Tax Conference

No abstract provided.

Qualified Employee Benefit Plans - Legislation, Regulation And Compliance, Thomas D. Terry

William & Mary Annual Tax Conference

No abstract provided.

Choice Of Entity, Peter L. Faber

William & Mary Annual Tax Conference

No abstract provided.

Formation And Operation Of The Limited Liability Company: Substantive Tax Issues, Allan G. Donn

William & Mary Annual Tax Conference

No abstract provided.

Tax Planning For Dispositions Of Real Estate, Charles H. Egerton

William & Mary Annual Tax Conference

No abstract provided.

The Future Of Source-Based Taxation Of The Income Of Multinational Enterprises, Robert A. Green

Cornell Law Faculty Publications

Federal Income Taxation Of U.S. Branches Of Foreign Corporations: Separate Entity Or Separate Rules?, Fred B. Brown

All Faculty Scholarship

Foreign corporations conduct U.S. business activities either through U.S. subsidiaries or U.S. branches. A U.S. subsidiary of a foreign corporation generally is taxed as any other domestic corporation, that is, as a separate taxable entity apart from its foreign parent. In contrast, a U.S. branch of a foreign corporation is not treated as a separate taxable entity; instead, the Code and regulations employ a set of special rules that allocate and apportion to the U.S. branch a portion of the foreign corporation's income in order to determine the net income subject to U.S. tax.

The rules used for taxing U.S. …

Miscellaneous Revenue Issues: Hearings Before The Subcommittee On Select Revenue Measures Of The Committee On Ways And Means, House Of Representatives, One Hundred Third Congress, First Session, Charles B. Rangel, Mel Hancock, Stefan F. Tucker, B. Wyckliffe Pattishall Jr., Howard J. Levine, John W. Lee

Congressional Testimony

No abstract provided.

Form, Substance, And Section 1041, Deborah A. Geier

Law Faculty Articles and Essays

The article reviews recent cases and rulings dealing with the interplay of section 1041 with both (1) the assignment of income doctrine in the deferred compensation context and (2) the substance over form doctrine in the context of redemptions of closely held stock. The author argues that such doctrines, which attempt to avoid improper shifting of income between taxpayers, are inappropriate in the context of section 1041 transfers in light of the history and goals of that section. She believes that final regulations adopted under section 1041 should ensure that the form of transfers or redemptions negotiated by the parties …

State Taxation Of Corporate Income From Intangibles: Allied-Signal And Beyond, Walter Hellerstein

Scholarly Works

If the field of state taxation has become somewhat of an academic backwater, it is not for want of issues warranting sustained scholarly attention. The Supreme Court alone has provided ample grist for the academic mill by handing down an extraordinary number of significant decisions delineating the federal constitutional restraints on state tax power. Among the state tax questions considered by the Court in recent years, none has figured so prominently and persistently in its deliberations as the states' power to tax the income of multijurisdictional corporations. In Allied-Signal, Inc. v. Director, Division of Taxation, the Court revisited the most …

Choosing The Form Of A Federal Value-Added Tax: Implications For State And Local Retail Sales Taxes, Alan Schenk

Law Faculty Research Publications

No abstract provided.

Corporate Tax Policy For The Twenty-First Century: Integration And Redeeming Social Value, Glenn E. Coven

Faculty Publications

No abstract provided.

How Goes The American Dream?, Chester Smolski

Smolski Texts

"Americans are a hard-working lot. The ambitious American worker has fewer holidays, less vacation time and other benefits than Western Europeans. They are well-rewarded for their pursuit of the American dream. Home ownership rates in this country are among the highest rates in the world. The typical American worker has more cars and more kitchen gadgets, electronic hardware, recreational gear and more computers in his home than any other worker in the world."

Corporate Tax Policy And The Right To Know: Improving State Tax Policymaking By Enhancing The Legislative And Public Access, Richard Pomp

Faculty Articles and Papers

This report examines the need for disclosure of state corporate income tax data in order to facilitate more thoughtful tax policymaking as well as accountability and openness in government. While disclosure of federal income tax data has been resolved by the SEC’s required disclosures of public corporations, the only states that have laws mandating disclosure of information relating to their state’s income tax are Arkansas, West Virginia, and Massachusetts.

Firm-specific disclosure of corporate tax information at the state level is necessary for informed tax policy, essential to public understanding of corporate tax reform issues, and will complement SEC mandated disclosures. …

Revisiting Realization: Accretion Taxation, The Constitution, Macomber, And Mark To Market, Henry Ordower

All Faculty Scholarship

Reviews the constitutional origin of the United States realization based income taxation system and concludes that modification of that system to an accrual or accretion system would be constitutionally infirm. The article examines certain accretion rules currently in the United States tax laws, identifies the flaws in the reasoning in support of those rules in the legislative history and seeks to explain why the industries affected generally have not complained about the rules.

Commentary: Textualism And Tax Cases, Deborah A. Geier

Law Faculty Articles and Essays

This 1993 article uses tax cases to explore the rhetoric surrounding "textualism" in statutory interpretation.

Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches

Publications

Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …

Liars Should Have Good Memories: Legal Fictions And The Tax Code, John A. Miller

Articles

No abstract provided.

Rationalizing Injustice: The Supreme Court And The Property Tax, John A. Miller

Articles

No abstract provided.

Reform Of The Taxation Of Mergers, Acquisitions, And Lbos, John A. Miller

Articles

No abstract provided.

Indeterminacy, Complexity, And Fairness: Justifying Rule Simplification In The Law Of Taxation, John A. Miller

Articles

No abstract provided.

The Merger Puzzle, John A. Miller

Articles

No abstract provided.

Section 902 Is Too Generous, George Mundstock

Articles

No abstract provided.

Taxing Prometheus: How The Corporate Interest Deduction Discourages Innovation And Risk-Taking, Michael S. Knoll

All Faculty Scholarship

This paper uses recent developments in the theory of optimal capital structure to demonstrate how the federal corporate income tax with an interest deduction, but without a corresponding dividend deduction, misallocates capital within the corporate sector by encouraging investment in low-risk, low-growth projects employing tangible assets over high-risk, high-growth projects employing intangible assets.

Taxing Inherited Wealth: A Philosophical Argument, David G. Duff

All Faculty Publications

This paper presents a preliminary argument for the introduction and design of a lifetime accessions tax: a progressive tax on inherited wealth levied on the cumulative lifetime gifts and inheritances of the recipient.' As such, it contains an elaboration of the rationale for the tax and a presentation of distributive principles to govern its design. However, it does not include a detailed exposition of the actual design of the tax, nor an analysis of its feasibility in a given context. As a result, it provides an ethical blueprint for the design of an ideal inheritance tax without fully considering concrete …

Withholding Net Will Now Catch More Debt Arrangements, Alan Appel

Articles & Chapters

When the U.S. terminated its income tax treaty with the Netherlands Antilles in 1984, there was criticism from U.S. corporations that they were being unfairly kept out of the competitive Eurobond financing market. In order to provide access to the Eurobond market, Congress enacted Section 871(h) to provide an exemption (the “portfolio interest exemption”) from the 30% withholding tax on U.S.-source income earned by a nonresident alien individual or foreign corporation that is not effectively connected with the conduct of a U.S. trade or business. Portfolio interest, under Sections 871(h) and 163(f), is any U.S.-source interest (including original issue discount) …

Perchance To Dream: The Global Economy And The American Dream, Michael S. Knoll

All Faculty Scholarship

No abstract provided.

Indexing The Tax Code, Reed Shuldiner

All Faculty Scholarship

No abstract provided.

Tax Policy At The Beginning Of The Clinton Administration, Michael J. Graetz

Faculty Scholarship

Ten years ago, in 1983, the Yale Journal on Regulation was started by students at the Yale Law School to foster scholarship and debate on issues of regulatory policy. Today the Journal staff consists of students from Yale University graduate and professional programs in law, management, forestry, and public health. One of the Journal's primary missions was to track the regulatory/deregulatory developments under the Reagan Administration and later the Bush Administration. Since our tenth anniversary coincided with the installment of a Democratic Administration under President Clinton, we have asked two professors at the Yale Law School to submit an essay …