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Full-Text Articles in Law
Testing For Disguised Dividends In Compensation For Employee-Shareholder Of Closely Held Corporations: An Analysis Of Federal Court Testing Regimes And Their Impact On The Predictability Of Outcomes, Matthew Edward Lewis
Testing For Disguised Dividends In Compensation For Employee-Shareholder Of Closely Held Corporations: An Analysis Of Federal Court Testing Regimes And Their Impact On The Predictability Of Outcomes, Matthew Edward Lewis
The Business, Entrepreneurship & Tax Law Review
The Internal Revenue Code generally allows for a corporation to deduct compensation paid to its employees. However, in a closely held corporation, where an employee is also a controlling shareholder, compensation paid to the employee-shareholder may be characterized as nondeductible dividends. This paper analyzes the major testing regimes used by the federal circuit courts to test for nondeductible dividends in compensation paid to employee-shareholders of closely held corporations. Further, this paper analyzes whether any of the federal testing regimes provide for more predictable outcomes to both the Internal Revenue Service and taxpayers. Finally, this paper explores whether new regulations would …
Sampled! Revisiting Fair Use And De Minimus Copying In Music Sampling, Connie Davis Nichols
Sampled! Revisiting Fair Use And De Minimus Copying In Music Sampling, Connie Davis Nichols
The Business, Entrepreneurship & Tax Law Review
Could your favorite mash-up be an infringement under Copyright law? At one time, sound recordings featured a simplified copyright infringement analysis under the 2005 Bridgeport Music decision, which held that the Copyright Act provided copyright holders an exclusive right to sample their own work and any other sampling constituted infringement, unless it was a fair use. This decision remained intact until the VMG decision in 2016, which renewed the availability of the de minimis infringement defense in music sampling cases and held that sampling without a license did not constitute infringement so long as the sample was not recognizable by …
Unreasonable Royalty: Realigning Economic Incentives Involving Innovation In The Age Of Patent Assertion Entities, Jordan Duenckel
Unreasonable Royalty: Realigning Economic Incentives Involving Innovation In The Age Of Patent Assertion Entities, Jordan Duenckel
The Business, Entrepreneurship & Tax Law Review
Patent litigation is a high-stakes endeavor when jury verdicts can be in the hundreds of millions or even billions. With this much at stake, the judicial system is ripe for abuse by parties that aren’t inventors or producers: nonpracticing entities. Various steps have been taken to mitigate or discourage the gaming of the system but have not been successful for various reasons. This Article proposes the novel solution of incorporating a federal damages cap into 35 U.S.C. § 284 to shift the underlying economic incentives toward innovation. After discussing some likely challenges to the proposal, this Article concludes that the …
Heller, Mcdonald, Bruen, And The Unconstitutional Tax Burden Of The Nfa, Robert T. Lass
Heller, Mcdonald, Bruen, And The Unconstitutional Tax Burden Of The Nfa, Robert T. Lass
The Business, Entrepreneurship & Tax Law Review
During the gangland-era crime sprees of the 1920s and 1930s, Congress enacted the National Firearms Act in an attempt to make it more difficult to acquire the types of weapons favored by gangsters by imposing an extreme tax on these weapons. The draconian rules governing the purchase of these firearms are still in place today, but, with the Supreme Court’s recent ruling in N.Y. State Rifle & Pistol Ass’n v. Bruen, the National Firearms Act may soon fall to challenges presented by Second Amendment activists. In Bruen, the Court ruled that, when the plain text of the Second Amendment protects …
Biotech Patent Eligibility: Why We Care About Conventionality, Michael J. Moedritzer
Biotech Patent Eligibility: Why We Care About Conventionality, Michael J. Moedritzer
The Business, Entrepreneurship & Tax Law Review
While the cfDNA advancements of CareDx hold significant promise and life saving potential in the field of molecular diagnostics, the Federal Circuit’s decision in CareDx, Inc. v. Natera, Inc. to invalidate the patent was justifiable. The court correctly held that these inventions were directed to a natural phenomena and combined conventional techniques. The foundation of the patent system does not motivate these federally funded academic innovations and risk unwarranted high healthcare costs. With the recent White House mandate requiring tax payer funded research to be publicly available, there is also less risk for the use of trade secrets in these …
Can A Homeowner Benefit Agreement Run With The Land To Bind Successors?, Maxwell Rubin
Can A Homeowner Benefit Agreement Run With The Land To Bind Successors?, Maxwell Rubin
The Business, Entrepreneurship & Tax Law Review
Laws governing the enforceability of brokerage contracts are largely uniform and provide stable outcomes in the event of broker or client breach. Brokerage contracts reflect a hybrid of property and contract law principles that work to provide predictable
Buried Hope: Assessing The Future Of Carbon Sequestration In The U.S. Under The Updated 45q Tax Credit, Alden Smith
Buried Hope: Assessing The Future Of Carbon Sequestration In The U.S. Under The Updated 45q Tax Credit, Alden Smith
The Business, Entrepreneurship & Tax Law Review
The urgent need to combat climate change has prompted governments world-wide to explore innovative policy measures to reduce greenhouse gas emissions. One such measure is the process of carbon capture and sequestration in which carbon dioxide is captured either directly from the atmosphere or prior to its release. This article will analyze updates to the 45Q tax credit passed in the Inflation Reduction Act of 2022, in which Congress increased tax incentives for industries that use carbon capture technology. This analysis will explain carbon capture technology, survey use of the technology, and discuss the viability of the latest updates to …
Long-Term Fixes For Short-Term Leases: The Unsettled World Of Airbnb Regulation, Clayton Watts
Long-Term Fixes For Short-Term Leases: The Unsettled World Of Airbnb Regulation, Clayton Watts
The Business, Entrepreneurship & Tax Law Review
Airbnb and the sharing economy are becoming a huge part of the United States and the world economy. The rise of Airbnb, however, has caused strife as jurisdictions seek to regulate and moderate the side effects of having Airbnb rentals in their communities. There is no consensus about how to accomplish this, though there are four main approaches that have surfaced: the Outlawing Model, the Anti-Local Model, the Taxation Model, and the Restriction Model. Each one presents its own strengths and weaknesses. This article seeks to analyze the development of Airbnb regulation through these different approaches and to try and …
Defining Fair Use In The Digital Era: A Tentative Appraisal Of Google Llc V. Oracle America, Inc., Dale P. Olson
Defining Fair Use In The Digital Era: A Tentative Appraisal Of Google Llc V. Oracle America, Inc., Dale P. Olson
The Business, Entrepreneurship & Tax Law Review
Fair use, as a defense to a claim of copyright infringement in American law, has evolved within a framework rooted in nineteenth century precedents. Fair use was assessed by the United States Supreme Court in Google LLC v. Oracle America, Inc., which required the Court to address the factually intensive inquiry required by an assertion of fair use against an expansive use of copyrighted software code by Google LLC. In reversing a decision by the United States Court of Appeals for the Federal Circuit in favor of Oracle America, and negating a potentially multi-billion dollar damage award, the Court evaluated …