Law Commons^™

Book Reviews, John F. Bowen, Edwin G. Nourse

Vanderbilt Law Review

Book Reviews

Depreciation and Taxes Symposium conducted by the Tax Institute,November 20-21, 1958 Princeton: Tax Institute, Incorporated, 1959.Pp. viii, 248. $6.00

reviewer: John F. Bowen

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Planning for Freedom; The Public Law of American Capitalism By Eugene V. Rostow New Haven: Yale University Press, 1959.Pp. x, 437. $6.00

reviewer: Edwin G. Nourse

Tax And Other Legal Aspects Of The Corporate Practice Of Medicine, Jerry B. Martin

Vanderbilt Law Review

With the coming of regulations allowing doctors the tax advantages of corporate employees, the doctors will probably be more solidly behind the positions of the AMA in favor of the prohibition against the corporate practice of medicine. For example, at least one state group, the Tennessee State Medical Association, has recently adopted a resolution against practicing medicine in the corporate form, and there have been no recent reports of state associations taking the opposite position. The American Hospital Association which seems to lead the opposition to the corporate practice rule does not attack the rule as being intrinsically bad but …

Deferred Compensation Plans: Qualifying For Non-Qualified Treatment, James F. Neal

Vanderbilt Law Review

For an important number of people in our "affluent society," the problem of spreading large current earnings, and the federal income tax imposed thereon, over a number of years has taken on sizeable proportions. Only slightly helpful for some of these people are the deferred compensation provisions of sections 401 through 404 of the Internal Revenue Code of 1954 (hereinafter referred to as the Code).'Consequently, many highly paid executives must still resort to other arrangements. The purpose of this paper is to explore the present status, from an income tax standpoint, of those non-qualified arrangements between employers and employees which …

Executive Compensation: The Taxation Of Stock Options, Jack D. Edwards

Vanderbilt Law Review

The popularity of the stock option as a method of executive compensation results primarily from its favorable tax consequences. Under present law, an executive's ordinary income may be converted into capital gain. These discriminatory provisions provide a fertile field for tax avoidance. The first portion of this paper deals with the history of stock option taxation to date. Much of the earlier law remains applicable. The historical perspective shows the wide latitude for avoidance and the faulty assumptions in which tax treatment has been grounded. The second part deals with the present tax treatment of stock options.