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Full-Text Articles in Law

Dean's Desk: Partnerships Prep Students For Indiana Legal Careers, Austen L. Parrish Nov 2014

Dean's Desk: Partnerships Prep Students For Indiana Legal Careers, Austen L. Parrish

Austen Parrish (2014-2022)

As one of the top public law schools in the nation, we attract students from all over the United States – and the world – who understand the advantages of an IU education. As the state’s flagship law school, however, we also have an enduring commitment to educating Indiana’s best and brightest and encouraging them to stay in the state and contribute to its growth. Taken together, these three programs will go a long way toward advancing a strong commitment that goes back to our founding in 1842 as one of the oldest law schools in the nation and the …


Working With The Section 752 Partnership Liability Allocation Rules (Outline), Jennifer H. Alexander, Andrea M. Whiteway Nov 2014

Working With The Section 752 Partnership Liability Allocation Rules (Outline), Jennifer H. Alexander, Andrea M. Whiteway

William & Mary Annual Tax Conference

No abstract provided.


Negotiating Tax Provisions In Partnership And Llc Agreements, Robert G. Gottlieb, Brian J. O'Connor Nov 2014

Negotiating Tax Provisions In Partnership And Llc Agreements, Robert G. Gottlieb, Brian J. O'Connor

William & Mary Annual Tax Conference

No abstract provided.


Working With The Section 752 Partnership Liability Allocation Rules (Slides), Jennifer H. Alexander, Andrea M. Whiteway Nov 2014

Working With The Section 752 Partnership Liability Allocation Rules (Slides), Jennifer H. Alexander, Andrea M. Whiteway

William & Mary Annual Tax Conference

No abstract provided.


Integrating Subchapters K And S And Beyond, Walter D. Schwidetzky Oct 2014

Integrating Subchapters K And S And Beyond, Walter D. Schwidetzky

All Faculty Scholarship

This Article builds upon a similar, lengthier effort that I published in the Tax Lawyer in 2009. While there is overlap, this Article contains much new material. Important case law and tax proposals from the House Ways and Means Committee have come out in the interim. Due to space limitations, unlike my Tax Lawyer effort, this Article attempts to avoid prolixity. It assumes the reader has good knowledge of both Subchapters S and K and the tax entity selection process. If you are not that reader, a review of my Tax Lawyer article or Professor Mann's article in this symposium …


Iu Maurer School Of Law Creates Scholarship, Mentoring Programs With 4 Colleges, Mj Slaby Jul 2014

Iu Maurer School Of Law Creates Scholarship, Mentoring Programs With 4 Colleges, Mj Slaby

Austen Parrish (2014-2022)

No abstract provided.


Iu Maurer Dean Builds Relationships Beyond The Law School, Mary Odendahl Jul 2014

Iu Maurer Dean Builds Relationships Beyond The Law School, Mary Odendahl

Austen Parrish (2014-2022)

No abstract provided.


Pass-Through Entity Reform: Is A Major Overhaul Necessary?, Walter D. Schwidetzky Mar 2014

Pass-Through Entity Reform: Is A Major Overhaul Necessary?, Walter D. Schwidetzky

All Faculty Scholarship

No abstract provided.


Unwinding The Ceiling Rule, Leigh Osofsky Jan 2014

Unwinding The Ceiling Rule, Leigh Osofsky

Articles

This article closely examines the unwinding of the ceiling rule. Congress and partnership tax experts historically have assumed perfect unwinding of the ceiling rule on liquidation or sale of a partnership interest. However, this assumption glosses over a significantly more complicated reality. This article closely examines the history of section 704(c) and the interaction between the ceiling rule and the rules regarding sales and liquidations of partnership interests to reveal the extent to which the assumption does not hold. By debunking long-held assumptions about the perfect unwinding of the ceiling rule, this article displays that there is no reasonable justification …


Think Twice: Charging Orders And Creditor Property Rights, Chad J. Pomeroy Jan 2014

Think Twice: Charging Orders And Creditor Property Rights, Chad J. Pomeroy

Faculty Articles

What do you do? As a lawyer (or prospective lawyer), I mean – what do you do (or what will you do) in exchange for a salary or hourly fee? You will probably be expecting a lot of money for your services; so what, exactly, is it that you will do to justify that payment?

The answer, of course, is varied because lawyers do lots of different things. And, among these activities, there are some things that only lawyers can do. Chief among those is suing people. Suing people is something that only lawyers do because states do not generally …


When Subchapter S Meets Subchapter C, Martin J. Mcmahon Jr., Daniel L. Simmons Jan 2014

When Subchapter S Meets Subchapter C, Martin J. Mcmahon Jr., Daniel L. Simmons

UF Law Faculty Publications

It is often said that “an S corporation is a corporation that is taxed like a partnership.” This statement is incorrect. An S corporation resembles a partnership only in that it generally does not pay income taxes and its income and losses pass through to the shareholders and retain their character as they pass through. Also, like a partnership, basis adjustments to an S corporation shareholder's stock reflect allocations of income, expense, loss, and distributions. However, no other rules of subchapter K governing partnership taxation apply to S corporations. Most of the rules governing the relationship between an S corporation …