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Articles 1 - 10 of 10
Full-Text Articles in Law
The Bad News About Good Faith For Excess Um Carriers, Robert L. Tucker
The Bad News About Good Faith For Excess Um Carriers, Robert L. Tucker
Akron Law Faculty Publications
No abstract provided.
The Bad News About Good Faith For Excess Um Carriers, Robert L. Tucker
The Bad News About Good Faith For Excess Um Carriers, Robert L. Tucker
Robert L Tucker
No abstract provided.
Economic Nexus: Legislative Presumption Or Legitimate Proposition?, Craig J. Langstraat, Emily S. Lemmon
Economic Nexus: Legislative Presumption Or Legitimate Proposition?, Craig J. Langstraat, Emily S. Lemmon
Akron Tax Journal
This article discusses the theory of economic nexus, the present nexus conditions in various states, and the constitutional issues surrounding nexus. These constitutional issues will then be applied to the theory of economic nexus in order to draw conclusions concerning the constitutionality and feasibility of this theory.
Entrenching Interests: State Supermajority Requirements To Raise Taxes, Max Minzner
Entrenching Interests: State Supermajority Requirements To Raise Taxes, Max Minzner
Akron Tax Journal
This article attempts to answer the question of supermajority design. If alterations in the tax code are to be restricted, how should they be limited? To what type of bills should a supermajority requirement apply? At what level should the requirement be implemented? When and how should the legislature be allowed to avoid the rule? Part II discusses the current House rule and considers why it was imposed, whether or not it is constitutional, and the effect the rule has had in practice. Part III moves to the states' experiences with supermajority requirements, and examines both the de jure limitations …
The Failure To Provide Adequate Higher Education Tax Incentives For Lower-Income Individuals, Natasha Mulleneaux
The Failure To Provide Adequate Higher Education Tax Incentives For Lower-Income Individuals, Natasha Mulleneaux
Akron Tax Journal
This Article suggests that the cost of the education incentives in the Taxpayer Relief Act of 1997 is better spent on programs which more effectively subsidize lower-income families' educational expenses. Part II discusses the benefits of higher education for the nation and individuals, and it provides a brief history of the federal government's role in funding higher education. Part III discusses the effect that increasing tuition costs and eroding grant programs likely have on college attendance. Part IV outlines the educational incentives contained in the Taxpayer Relief Act and critiques the usefulness of the tuition tax credits, and Part V …
"Employee Stock Ownership Plans: Uncertainties Plaguing The Duties Of The Esop Fiduciary With Respect To Voting And Defensive Esops", Gina Marie Agresta-Richardson
"Employee Stock Ownership Plans: Uncertainties Plaguing The Duties Of The Esop Fiduciary With Respect To Voting And Defensive Esops", Gina Marie Agresta-Richardson
Akron Tax Journal
This article will examine two particular dilemmas that challenge ESOP fiduciaries: voting rights and the use of defensive ESOPs. First, this article will discuss the development of ESOPs and their general mechanics. Second, it will explore the creation of ERISA, including the policy behind the statutory scheme. It will then set forth ERISA fiduciary law, noting the interplay of ERISA fiduciary standards and trust law. Third, this article will address problems confronting the ESOP fiduciary, specifically, voting and tendering shares of ESOP stock and the effect of using an ESOP as an anti-takeover device. In doing so, this article will …
Implications Of The Tax Reform Proposals For Fraud – Or – How To Shift To A Consumption Tax Without Helping The Cheaters, Kalyani Robbins
Implications Of The Tax Reform Proposals For Fraud – Or – How To Shift To A Consumption Tax Without Helping The Cheaters, Kalyani Robbins
Akron Law Faculty Publications
The vast majority of the proposals on the table today are simply different implementation mechanisms of the same basic idea: a change in the tax base from income to consumption. The purpose of this article is to consider the implications some of these proposals have for the enforcement of tax compliance (prevention of cheating). For this reason, it will only briefly address the impetus for a consumption tax and the policy considerations behind it. The first part will also give short descriptions of the proposals that will be considered in this article: the National Retail Sales Tax, the Savings-Exempt Income …
Framers' Intent And Military Power: Has Supreme Court Deference To The Military Gone Too Far?, Kalyani Robbins
Framers' Intent And Military Power: Has Supreme Court Deference To The Military Gone Too Far?, Kalyani Robbins
Akron Law Faculty Publications
One of the sources of the Court's inability to conduct proper constitutional analysis in military cases is its lack of access to complete and unbiased information upon which to base that analysis. In Part III, I will make an effort to suggest methods for addressing this problem alternative to simply letting the military use its special knowledge as a source of power over the Court. Part IV will demonstrate a modern example of where the problem of excessive deference can lead, and present the Court with a suggestion to use this as a context for change. Finally, the Article will …
Deposed Parties: Who Has A Right To Access Depositions In Civil Cases?, Robert L. Tucker
Deposed Parties: Who Has A Right To Access Depositions In Civil Cases?, Robert L. Tucker
Akron Law Faculty Publications
No abstract provided.
Deposed Parties: Who Has A Right To Access Depositions In Civil Cases?, Robert L. Tucker
Deposed Parties: Who Has A Right To Access Depositions In Civil Cases?, Robert L. Tucker
Robert L Tucker
No abstract provided.