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Full-Text Articles in Law
Koons: Interest Deduction And Flp Valuation Practice Pointers, Wendy G. Gerzog
Koons: Interest Deduction And Flp Valuation Practice Pointers, Wendy G. Gerzog
All Faculty Scholarship
The Tax Court's Koons decision explains the rules for allowing an estate to deduct interest payments, and it details how the court arrived at a determination of the value of a family limited liability company interest.
The Politics And Policy Of The Estate Tax – Past, Present, And Future, Michael J. Graetz
The Politics And Policy Of The Estate Tax – Past, Present, And Future, Michael J. Graetz
Faculty Scholarship
This paper is an edited transcript of the Lloyd Leva Plaine Distinguished Lecture, delivered at the University of Miami’s Heckerling Estate Planning Institute on January 11, 2011. It reviews the history of the estate tax, discusses the politics of its bizarre repeal for the year 2010 only, and outlines the forces that led to reinstatement of the tax for 2011 and 2012 with a $5 million exemption and 35 percent top rate. The paper makes clear that the coalition pushing for repeal of the estate tax will continue to work to eliminate it and also explores potential broader implications of …
Immortal Fame: Publicity Rights, Taxation, And The Power Of Testation, Joshua C. Tate
Immortal Fame: Publicity Rights, Taxation, And The Power Of Testation, Joshua C. Tate
Faculty Journal Articles and Book Chapters
Publicity rights, or the rights to the use of one’s image and likeness, are a relatively recent form of property. Several states now recognize rights of publicity as survivable, meaning that the heirs of deceased celebrities can inherit those rights. Because U.S. law has traditionally granted each individual the power of testation, a celebrity can also freely devise the rights to persons of her choosing. Nevertheless, some scholars have recently envisioned the adoption of hypothetical state statutes under which publicity rights would pass automatically to specified statutory heirs regardless of the celebrity’s wishes. Destroying the power of testation, these scholars …