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Full-Text Articles in Law

Unauthorized Tax Elections, Jay A. Soled Jul 2022

Unauthorized Tax Elections, Jay A. Soled

Buffalo Law Review

Unauthorized tax elections are those devices and techniques that taxpayers employ to achieve sought-after objectives but that are not specifically endorsed under the Internal Revenue Code. Often evolving over time, they are a common feature of the nation’s tax system. While unauthorized tax elections can prove subversive, in many instances, if properly and timely addressed, their existence can produce salutary benefits vis-à-vis their eradication or formal institutionalization.

This analysis explores the general contours of unauthorized tax elections and the critical signaling roles that they provide, alerting Congress and the Treasury Department to shortcomings and vulnerabilities in the Internal Revenue Code’s …


Abandoning Realization And The Transition Tax: Toward A Comprehensive Tax Base, Henry Ordower Dec 2019

Abandoning Realization And The Transition Tax: Toward A Comprehensive Tax Base, Henry Ordower

Buffalo Law Review

No abstract provided.


Failed Charity: Taking State Tax Benefits Into Account For Purposes Of The Charitable Deduction, Roger Colinvaux Aug 2018

Failed Charity: Taking State Tax Benefits Into Account For Purposes Of The Charitable Deduction, Roger Colinvaux

Buffalo Law Review

The Tax Cuts and Jobs Act (TCJA) substantially limited the ability of individuals to deduct state and local taxes (SALT) on their federal income tax returns. Some states are advancing schemes to allow taxpayers a state tax credit for contributions to a charity controlled by the state. The issue is whether state tax benefits are deductible as a charitable contribution for purposes of the federal income tax. Under a general rule of prior law—the full deduction rule—state tax benefits were ignored for purposes of the charitable deduction. If the full deduction rule is applied to the state workaround schemes, then …


Debt Discharge Income: Kirby Lumber Co. Revisited Under The "Transactional Equity" Rule Of Hillsboro, Louis A. Del Cotto Oct 1990

Debt Discharge Income: Kirby Lumber Co. Revisited Under The "Transactional Equity" Rule Of Hillsboro, Louis A. Del Cotto

Buffalo Law Review

No abstract provided.


An Argument For Current Deductability Of A Target's Expenses In A "Friendly" Takeover, Charles A. Lofaso Oct 1990

An Argument For Current Deductability Of A Target's Expenses In A "Friendly" Takeover, Charles A. Lofaso

Buffalo Law Review

No abstract provided.


Spin-Offs Before And After The Tax Reform Act, Donald F. Brosnan Jan 1990

Spin-Offs Before And After The Tax Reform Act, Donald F. Brosnan

Buffalo Law Review

No abstract provided.


Class Tax To Mass Tax: The Role Of Propaganda In The Expansion Of The Income Tax During World War Ii, Carolyn C. Jones Oct 1988

Class Tax To Mass Tax: The Role Of Propaganda In The Expansion Of The Income Tax During World War Ii, Carolyn C. Jones

Buffalo Law Review

No abstract provided.


Interest-Free Loans And Dickman V. Commissioner: A Letter To The Supreme Court, Louis A. Del Cotto, Kenneth F. Joyce Oct 1983

Interest-Free Loans And Dickman V. Commissioner: A Letter To The Supreme Court, Louis A. Del Cotto, Kenneth F. Joyce

Buffalo Law Review

No abstract provided.


Re-Examining The Sham Doctrine: When Should An Overpayment Be Reflected In Basis?, Mitchell M. Gans Jan 1981

Re-Examining The Sham Doctrine: When Should An Overpayment Be Reflected In Basis?, Mitchell M. Gans

Buffalo Law Review

No abstract provided.


The Double Jeopardy Of Corporate Profits, Constantine N. Katsoris Jan 1980

The Double Jeopardy Of Corporate Profits, Constantine N. Katsoris

Buffalo Law Review

No abstract provided.


Tax Superiority In Bankruptcy—A Study Of Business Bankruptcy Distributions In The Southern And Western Districts Of New York, Peter D. Wolfson Oct 1977

Tax Superiority In Bankruptcy—A Study Of Business Bankruptcy Distributions In The Southern And Western Districts Of New York, Peter D. Wolfson

Buffalo Law Review

No abstract provided.


Sales And Other Dispositions Of Property Under Section 1001: The Taxable Event, Amount Realized And Related Problems Of Basis, Louis A. Del Cotto Apr 1977

Sales And Other Dispositions Of Property Under Section 1001: The Taxable Event, Amount Realized And Related Problems Of Basis, Louis A. Del Cotto

Buffalo Law Review

No abstract provided.


The Continued Vaildity Of The Supreme Court's Broad Approach To Income In James V. United States, William B. Barker Apr 1977

The Continued Vaildity Of The Supreme Court's Broad Approach To Income In James V. United States, William B. Barker

Buffalo Law Review

No abstract provided.


Section 357(C): Some Observations On Tax Effects To The Cash Basis Transferor, Louis A. Del Cotto Oct 1974

Section 357(C): Some Observations On Tax Effects To The Cash Basis Transferor, Louis A. Del Cotto

Buffalo Law Review

No abstract provided.


Sexism In The Code: A Comparative Study Of Income Taxation Of Working Wives And Mothers, Grace Blumberg Oct 1971

Sexism In The Code: A Comparative Study Of Income Taxation Of Working Wives And Mothers, Grace Blumberg

Buffalo Law Review

No abstract provided.


Taxation—Tax Benefit Rule Applicable To Section 357 Liquidations, Thomas A. Palmer Oct 1970

Taxation—Tax Benefit Rule Applicable To Section 357 Liquidations, Thomas A. Palmer

Buffalo Law Review

Commissioner v. Anders, 414 F.2d 1283 (10th Cir. 1969).


Taxation—Stipends Given In Conjunction With Employer Doctoral Programs Are Taxable As Compensation For Employment, A. Bruce Norton Jan 1970

Taxation—Stipends Given In Conjunction With Employer Doctoral Programs Are Taxable As Compensation For Employment, A. Bruce Norton

Buffalo Law Review

Bingler v. Johnson, 394 U.S. 741 (1969).


Taxation—Tax Avoidance Need Only Be One Of The Purposes For Imposition Of The Accumulated Earnings Tax, Jerome M. Hesch Oct 1969

Taxation—Tax Avoidance Need Only Be One Of The Purposes For Imposition Of The Accumulated Earnings Tax, Jerome M. Hesch

Buffalo Law Review

United States v. The Donruss Company, 393 U.S. 297 (1969).


Taxation—Kimbell-Diamond Still Available As An Adjunct To Section 334(B)(2)., Harry Sushek Oct 1969

Taxation—Kimbell-Diamond Still Available As An Adjunct To Section 334(B)(2)., Harry Sushek

Buffalo Law Review

American Potash and Chemical Corp. v. United States, 399 F.2d 194 (Ct. Cl. 1968).


Taxation—“Overnight Rule" Of Commissioner Of Internal Revenue Service Is Valid Under § 162(A)(2) Of Int. Rev. Code Of 1954, Mary E. Bisantz Apr 1968

Taxation—“Overnight Rule" Of Commissioner Of Internal Revenue Service Is Valid Under § 162(A)(2) Of Int. Rev. Code Of 1954, Mary E. Bisantz

Buffalo Law Review

United States v. Correll, 389 U.S. 299 (1967).


Federal Taxation—Effect Of A State Court Adjudication Of Property Rights In Subsequent Federal Tax Litigation, Michael R. Mcgee Jan 1968

Federal Taxation—Effect Of A State Court Adjudication Of Property Rights In Subsequent Federal Tax Litigation, Michael R. Mcgee

Buffalo Law Review

Commissioner v. Estate of Bosch, 387 U.S. 456 (1967).


The Deductibility Of Educational Expenses: Administrative Construction Of Statute, Richard C. Spencer Oct 1967

The Deductibility Of Educational Expenses: Administrative Construction Of Statute, Richard C. Spencer

Buffalo Law Review

No abstract provided.


Assumption And Discharge Of Seller's Liabilities As Year Of Sale Payments For Purposes Of I.R.C. Section 453, David C. Horan Apr 1967

Assumption And Discharge Of Seller's Liabilities As Year Of Sale Payments For Purposes Of I.R.C. Section 453, David C. Horan

Buffalo Law Review

No abstract provided.


Federal Tax Policy In The 1960'S, Stanley S. Surrey Apr 1966

Federal Tax Policy In The 1960'S, Stanley S. Surrey

Buffalo Law Review

No abstract provided.


The Holding Company As A Collapsible Corporation Under Section 341 Of The Internal Revenue Code, Louis A. Del Cotto Apr 1966

The Holding Company As A Collapsible Corporation Under Section 341 Of The Internal Revenue Code, Louis A. Del Cotto

Buffalo Law Review

No abstract provided.


The Imputed Sale And Anticipatory Assignment Of Income Doctrines: Their Effect On Irc §§ 311 & 336, Thomas L. David Oct 1965

The Imputed Sale And Anticipatory Assignment Of Income Doctrines: Their Effect On Irc §§ 311 & 336, Thomas L. David

Buffalo Law Review

No abstract provided.


Taxation—Bad Debts: Limitations Of The “Promoter Doctrine”, Ronald B. Felman Apr 1964

Taxation—Bad Debts: Limitations Of The “Promoter Doctrine”, Ronald B. Felman

Buffalo Law Review

No abstract provided.


Sale Of Endowment Policy To Avoid Ordinary Tax Treatment, Richard Attea Jan 1961

Sale Of Endowment Policy To Avoid Ordinary Tax Treatment, Richard Attea

Buffalo Law Review

Commissioner v. Phillips, 275 F.2d 33 (4th Cir. 1960).


Excludability Of Quarters Allowance From Gross Income For Tax Purposes, Herbert Blumberg Jan 1959

Excludability Of Quarters Allowance From Gross Income For Tax Purposes, Herbert Blumberg

Buffalo Law Review

Boykin v. Commissioner of Internal Revenue, .__ F.2d __, CCH 1958 STAND. FED. TAX REP. (58-2 U.S. Tax Cas.) 119900 (8th Cir. Oct. 30, 1958).


Fellowships Grants Under The Internal Revenue Code Of 1954, Eugene Salisbury Jan 1959

Fellowships Grants Under The Internal Revenue Code Of 1954, Eugene Salisbury

Buffalo Law Review

Wrobleski v. Bingler, 58-2 U.S.T.C. -, 161 Fed. Supp. 901 (1958).