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The Moral Hazard Of The Estate Tax , Carolyn C. Jones
The Moral Hazard Of The Estate Tax , Carolyn C. Jones
Cleveland State Law Review
The current debate about wealth transfer taxation has its themes of morality as well. Opponents have labeled the tax as “immoral.” Taxation is about morality. It is both useful and necessary to consider moral arguments in the debate about the estate tax. In an area largely consigned to economists and philosophers, it is beneficial to broaden perspectives. One could expand the range of academic disciplines considered-to history, psychology, and sociology, for example. One should also take into account the narratives of those affected by the issue. This essay can only probe into this question, beginning with Andrew Carnegie and the …
The Unconstitutionality Of Eliminating Estate And Gift Taxes , James G. Wilson
The Unconstitutionality Of Eliminating Estate And Gift Taxes , James G. Wilson
Cleveland State Law Review
This article discusses why the recent proposal to eliminate estate and gift taxes is not only immoral and a poor allocation of resources, but also is unconstitutional. The author argues that the only way to sustain any allegation of unconstitutionality against these tax policy changes is to extend meanings of "constitutionality" beyond the legalistic paradigm of constitutional adjudication. Explaining that to extend notions of constitutionality this additional distance, we would need to resurrect earlier constitutional conceptions from such influential political thinkers as Aristotle, David Hume, James Madison, and Thomas Jefferson. While pointing out that the United States Constitution embodies a …
Estate Tax Effects Of Premium Payments After Transfer Of Life Insurance, Michael A. Taylor
Estate Tax Effects Of Premium Payments After Transfer Of Life Insurance, Michael A. Taylor
Cleveland State Law Review
Ordinarily when a donor lives for three years after the transfer, section 2035 (b) says the gift cannot be attacked as being made in contemplation of death. However, if the transferor of an insurance policy continues to pay the premiums after the transfer several questions are presented. Should each of these payments be regarded as a further gift, with the payments during the last three years considered as gifts in contemplation of death? If so, what amount would be included in the donor's estate because of the subsequent premium payments? Neither question has been answered by the courts. This paper …
Florida Affords The Ohio Resident Relief From The Problem Of Multiple Inheritance Taxation, George Rubin
Florida Affords The Ohio Resident Relief From The Problem Of Multiple Inheritance Taxation, George Rubin
Cleveland State Law Review
The transfer or succession of real property and tangible personal property is taxable by the state where it is located irrespective of the domicile of the decedent, and the transfer or succession of intangible personal property maybe taxed by the state where the decedent was domiciled at the time of his death. It becomes clear then that the state must establish the domicile of the decedent at the time of his death in order to impose an inheritance tax on the transmission or right of transmission of the intangible personal property. The problem arises in those cases where a decedent …