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Full-Text Articles in Law

Taxation Of Punitive Damages: Interpreting Section 104(A)(2) After The Revenue Reconciliation Act Of 1989, Craig Day Oct 1991

Taxation Of Punitive Damages: Interpreting Section 104(A)(2) After The Revenue Reconciliation Act Of 1989, Craig Day

Washington Law Review

The Internal Revenue Service and the courts have wavered on whether punitive damages are taxable under the Internal Revenue Code. Just after the Fourth Circuit boldly declared that punitive damages are taxable, Congress amended section 104(a)(2) to tax punitive damages in cases where no physical injury is involved. Neither the courts nor the Internal Revenue Service have answered the question whether punitive damages in cases that do involve physical injury are taxable. This Comment examines the language of the amended statute and the policies leading to its enactment, and proposes that punitive damages be taxed without regard to the nature …


Federal Taxation, Steven C. Evans Jul 1991

Federal Taxation, Steven C. Evans

Mercer Law Review

The federal tax cases decided by the Eleventh Circuit during 1990 were surprising in several respects. First, the number of procedural tax cases decided by the Eleventh Circuit was surprisingly low when compared to the number of procedural cases decided in previous years. Second, and more importantly, cases decided under the Employment Retirement Income Security Act of 1974 ("ERISA") constituted the vast majority of substantive tax cases decided by the Eleventh Circuit.during 1990. This trend is evidence of the increasing amount of litigation under ERISA and the importance of ERISA to the tax practitioner.


The Ethics Reform Act Of 1989: Why The Taxman Can't Be A Paperback Writer, David A. Golden May 1991

The Ethics Reform Act Of 1989: Why The Taxman Can't Be A Paperback Writer, David A. Golden

BYU Law Review

No abstract provided.


Begier V. Irs, Guy Lamoyne Black Mar 1991

Begier V. Irs, Guy Lamoyne Black

Brigham Young University Journal of Public Law

No abstract provided.


Tax-Free Security: Federal Income Taxation Of Customer Deposits After Commissioner V. Indianapolis Power & Light Co., 110 S. Ct. 589 (1990), Alisa Eid Jan 1991

Tax-Free Security: Federal Income Taxation Of Customer Deposits After Commissioner V. Indianapolis Power & Light Co., 110 S. Ct. 589 (1990), Alisa Eid

Washington Law Review

In Commissioner v. Indianapolis Power & Light Co., the Supreme Court held that a taxpayer receiving a customer deposit to secure future payment for goods or services may exclude that deposit from income if the taxpayer obligates itself to refund the deposit and if the customer retains the right to cancel service at any time. Because these conditions characterize virtually all security deposits, the Court's rule will allow taxpayers to exclude most security deposits from income. This Note examines the Court's decision and suggests that the Court's rule should not be extended to any situation where either the obligation to …


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Equitable Recoupment Revisited: The Scope Of The Doctrine In Federal Tax Cases After United States V. Dalm, James E. Tierney Jan 1991

Equitable Recoupment Revisited: The Scope Of The Doctrine In Federal Tax Cases After United States V. Dalm, James E. Tierney

Kentucky Law Journal

No abstract provided.


How Good A Samaritan? Federal Income Tax Exemption For Charitable Hospitals Reconsidered, James B. Simpson, Sarah D. Strum Jan 1991

How Good A Samaritan? Federal Income Tax Exemption For Charitable Hospitals Reconsidered, James B. Simpson, Sarah D. Strum

Seattle University Law Review

Do contemporary charitable hospitals provide a sufficient community benefit to justify the loss of government revenue caused by their tax exemption? Focusing particularly on federal income tax exemption and on the community benefit derived from the provision of services to persons unable to pay, this Article argues that not all hospitals do. Accordingly, the authors recommend that the Internal Revenue Service issue a Revenue Ruling revising the current standards for federal income tax exemption to encourage charitable hospitals to clearly and explicitly identify and respond to health care needs, including the needs of persons unable to pay, in their local …