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Articles 1 - 23 of 23
Full-Text Articles in Law
Recent Developments In The Income Taxation Of Individuals, Partnerships, Estates, & Trusts, Meade Emory
Recent Developments In The Income Taxation Of Individuals, Partnerships, Estates, & Trusts, Meade Emory
William & Mary Annual Tax Conference
No abstract provided.
Fedtax-L, Raleigh Muns
Fedtax-L, Raleigh Muns
Raleigh Muns
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 …
And The Rebuttal, Glenn E. Coven
The Taxpayer's Duty Of Consistency, Steve R. Johnson
The Taxpayer's Duty Of Consistency, Steve R. Johnson
Scholarly Publications
A transaction may affect the taxpayer's federal tax liability for both the current period and subsequent periods. No difficulty arises if the taxpayer treats the transaction consistently over the periods. However, significant tax distortions are possible if the taxpayer's characterization of the transaction varies from period to period. A recharacterization may be particularly troublesome if the statute of limitations has expired, and the first period is not open to correction at the time the inconsistent representation is made.
The duty of consistency was developed to address this problem. If the duty applies, the taxpayer is not permitted to shift his …
Federal Taxation, Steven C. Evans
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
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
Begier V. Irs, Guy Lamoyne Black
Brigham Young University Journal of Public Law
No abstract provided.
Federal Tax Amnesty: Crime And Punishment Revisited, Leo P. Martinez
Federal Tax Amnesty: Crime And Punishment Revisited, Leo P. Martinez
Faculty Scholarship
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
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 …
Death And Taxes: The Taxation Of Accelerated Death Benefits For The Terminally Ill, Wayne M. Gazur
Death And Taxes: The Taxation Of Accelerated Death Benefits For The Terminally Ill, Wayne M. Gazur
Publications
No abstract provided.
Redefining Debt: Of Indianapolis Power And Fictitious Interest, Glenn E. Coven
Redefining Debt: Of Indianapolis Power And Fictitious Interest, Glenn E. Coven
Faculty Publications
No abstract provided.
Of Form And Substance: Tax-Free Incorporations And Other Transactions Under Section 351, Ronald H. Jensen
Of Form And Substance: Tax-Free Incorporations And Other Transactions Under Section 351, Ronald H. Jensen
Elisabeth Haub School of Law Faculty Publications
This article presents three principal theses: First, the courts and the Internal Revenue Service have misapplied the substance over form doctrine to the binding obligation cases under section 351 and in the process have created a hodgepodge of hopelessly irreconcilable and frequently wrong decisions. Part II of this article illustrates the inconsistencies and contradictions found in current law. Part III diagnoses the reason for this malaise: the unthinking, mechanical and therefore erroneous application of the step transaction doctrine. Part IV then develops the true function of the doctrine: to assure that clearly defined statutory purposes are not frustrated by plans …
How Good A Samaritan? Federal Income Tax Exemption For Charitable Hospitals Reconsidered, James B. Simpson, Sarah D. Strum
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 …
The Taxpayer's Duty Of Consistency, Steve R. Johnson
The Taxpayer's Duty Of Consistency, Steve R. Johnson
Articles by Maurer Faculty
No abstract provided.
Assessing The Limited Liability Company, Wayne M. Gazur, Neil M. Goff
Assessing The Limited Liability Company, Wayne M. Gazur, Neil M. Goff
Publications
The limited liability company is one of the newest forms of business organization. This form combines the limited liability of a corporation with the tax benefits normally associated with a partnership. The authors examine various implications and ramifications of this organizational form.
Lost On A One-Way Street: The Taxpayer's Ability To Disavow Form, William S. Blatt
Lost On A One-Way Street: The Taxpayer's Ability To Disavow Form, William S. Blatt
Articles
No abstract provided.
Taxing Service Partners To Achieve Horizontal Equity, Henry Ordower
Taxing Service Partners To Achieve Horizontal Equity, Henry Ordower
All Faculty Scholarship
Argues that recent judicial and administrative decisions cause the federal income tax law to tax partners who receive their partnership interests in exchange for services more favorably than partners who acquire their partnership interests in exchange for money or property. Such dissimilar treatment undercuts the desired taxation objective of even-handed treatment of all taxpayers.
When Fungible Portfolio Assets Meet: A Problem Of Tax Recognition, Alan L. Feld
When Fungible Portfolio Assets Meet: A Problem Of Tax Recognition, Alan L. Feld
Faculty Scholarship
A pervasive principle in calculating income for Federal tax purposes defers consideration of gain or loss in an investment asset until a recognition event occurs. An investor can watch the value of an investment in common stock rise over a considerable period of time without incurring any tax liability. Similarly, if the value declines, the investor does not take the loss into account. When the investor terminates the investment, the tax computation takes the net accumulated gain or loss into account at that time.
Discussion and controversy concerning this deferral principle, referred to as the realization or recognition requirement,1 …
Equitable Recoupment Revisited: The Scope Of The Doctrine In Federal Tax Cases After United States V. Dalm, James E. Tierney
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.
Commentary [On `The Foreign Tax Credit And Its Critics,' By Charles I. Kingson, Hugh Ault
Commentary [On `The Foreign Tax Credit And Its Critics,' By Charles I. Kingson, Hugh Ault
Hugh J. Ault
No abstract provided.
Federal Income Taxation Of Business Organizations, Hugh Ault, Paul Mcdaniel, Martin Mcmahon, Daniel Simmons
Federal Income Taxation Of Business Organizations, Hugh Ault, Paul Mcdaniel, Martin Mcmahon, Daniel Simmons
Hugh J. Ault
Supplemented by 1991 Supplement to Federal Income Taxation of Business Organizations, by McDaniel, Ault, McMahon, and Simmons. Westbury, NY: Foundation Press, 1991; 1992 Supplement to Federal Income Taxation of Business Organizations, by McDaniel, Ault, McMahon, and Simmons. Westbury, N.Y.: Foundation Press, 1992; 1994 Supplement to Federal Income Taxation of Business Organizations, by McDaniel, Ault, McMahon, and Simmons. Westbury, NY: Foundation Press, 1994; 1995 Supplement to Federal Income Taxation of Business Organizations, by McDaniel, Ault, McMahon and Simmons. Westbury, N.Y.: Foundation Press, 1995.