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Articles 1 - 11 of 11
Full-Text Articles in Law
The Outer Limits Of Realization: Weiss V. Stearn And Corporate Dilution, Jeffrey L. Kwall, Katherine K. Wilbur
The Outer Limits Of Realization: Weiss V. Stearn And Corporate Dilution, Jeffrey L. Kwall, Katherine K. Wilbur
Jeffrey L. Kwall
The United States Supreme Court's 1924 Weiss v. Stearn decision involved a classic case of corporate dilution. In that case, a corporation ("Oldco') transferred its business to a new corporation ("Newco ') in a transaction in which the Oldco shareholders surrendered all their stock for 50 percent of the stock of Newco (and cash). The transaction diluted the proprietary interest of the Oldco shareholders from 100 percent to 50 percent. Because the Oldco shareholders surrendered control of the enterprise, the 50 percent interest they received in Newco was fundamentally different from the 100 percent interest they had owned in Oldco. …
Tax Consequences Of Contingent Payment Transactions, Jeffrey Kwall
Tax Consequences Of Contingent Payment Transactions, Jeffrey Kwall
Jeffrey L. Kwall
No abstract provided.
The Federal Income Taxation Of Corporations, Partnerships, Limited Liability Companies, And Their Owners, 4th Ed., Jeffrey Kwall
The Federal Income Taxation Of Corporations, Partnerships, Limited Liability Companies, And Their Owners, 4th Ed., Jeffrey Kwall
Jeffrey L. Kwall
No abstract provided.
Federal Income Taxation Of Corporations, Partnerships, Limited Liability Companies And Their Owners, 3d Ed., Jeffrey Kwall
Federal Income Taxation Of Corporations, Partnerships, Limited Liability Companies And Their Owners, 3d Ed., Jeffrey Kwall
Jeffrey L. Kwall
No abstract provided.
Fundamentals Of Modern Property Law, 6th Ed., Jeffrey Kwall, Edward Rabin
Fundamentals Of Modern Property Law, 6th Ed., Jeffrey Kwall, Edward Rabin
Jeffrey L. Kwall
No abstract provided.
Out With The Open-Transaction Doctrine: A New Theory For Taxing Contingent Payment Sales, Jeffrey L. Kwall
Out With The Open-Transaction Doctrine: A New Theory For Taxing Contingent Payment Sales, Jeffrey L. Kwall
Jeffrey L. Kwall
No abstract provided.
Justice: The Impact Of A Lawyer's Personal Philosophy, Jeffrey L. Kwall
Justice: The Impact Of A Lawyer's Personal Philosophy, Jeffrey L. Kwall
Jeffrey L. Kwall
No abstract provided.
When Should Asset Appreciation Be Taxed?: The Case For A Disposition Standard Of Realization., Jeffrey L. Kwall
When Should Asset Appreciation Be Taxed?: The Case For A Disposition Standard Of Realization., Jeffrey L. Kwall
Jeffrey L. Kwall
No abstract provided.
Backdating., Jeffrey L. Kwall
What Is A Merger?: The Case For Taxing Cash Mergers Like Stock Sales., Jeffrey L. Kwall
What Is A Merger?: The Case For Taxing Cash Mergers Like Stock Sales., Jeffrey L. Kwall
Jeffrey L. Kwall
In a merger, neither the assets nor the stock of one corporation are physically transferred to another corporation. Rather, the two corporations are unified by operation of law. The absence of a physical transfer of assets or stock obscures the tax effects of a merger. To determine these effects, a merger must be analogized to a sale of assets or a sale of stock. These alternative analogies yield significantly different results when the consideration for the merger is cash. When a cash merger is analogized to an asset sale, a 35% corporate tax is normally imposed. By contrast, no corporate …
When Should Asset Appreciation Be Taxed?: The Case For A Disposition Standard Of Realization, Jeffrey L. Kwall
When Should Asset Appreciation Be Taxed?: The Case For A Disposition Standard Of Realization, Jeffrey L. Kwall
Jeffrey L. Kwall
The realization requirement is one of the most basic elements of the United States income tax. Due to this requirement, any increase in the value of a person’s property is not taxed when it occurs. Rather, the tax on asset appreciation is deferred until the occurrence of a realization event; that is, until the property is transferred in exchange for money or other consideration. By contrast, all other forms of income (e.g., salary, rents) are taxed immediately. The realization requirement is one of the most basic elements of the United States income tax. Due to this requirement, any increase in …