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Full-Text Articles in Law
Reasonable Tax Rules: Advancing Process Values With Remedial Restraint, James M. Puckett
Reasonable Tax Rules: Advancing Process Values With Remedial Restraint, James M. Puckett
Journal Articles
The tax administration is at risk of an overcorrection with respect to its rulemaking process. Tax practitioners increasingly are mining the Administrative Procedure Act (APA) as well as chipping away at barriers to pre-enforcement review of tax rules. Tax rules include regulations, revenue rulings, revenue procedures, and more informal guidance to the public. APA-based challenges to tax rules have gained traction in the courts, typically alleging inadequate explanation or timing irregularities involving notice and comment. Such claims potentially pose major challenges for fair and efficient tax administration.
This Article integrates administrative law scholarship calling for a rule of reason with …
Improving Tax Rules By Means-Testing: Bridging Wealth Inequality And "Ability To Pay", James M. Puckett
Improving Tax Rules By Means-Testing: Bridging Wealth Inequality And "Ability To Pay", James M. Puckett
Journal Articles
The federal income tax can and should do more to address wealth disparities and income inequality. The income tax does not directly count wealth, and the realization rule and basis "step-up" at death exclude substantial amounts of income for the wealthy. The Constitution limits Congress's ability to tax wealth. Despite these serious challenges, this Article considers how to potentially bridge the gap between wealth and the income tax. For example, asset-based phase-outs in the income tax should pass muster without apportionment, although their bite would necessarily be limited. The Article posits that the public would be more receptive to phase-outs …
Structural Tax Exceptionalism, James M. Puckett
Structural Tax Exceptionalism, James M. Puckett
Journal Articles
This Article argues that it is misleading to declare the death of tax exceptionalism and that structural tax exceptionalism may have important benefits. Part II provides a brief historical overview of the rise of federal agency administration of statutes and especially tax laws. The history trends to detract from anti-tax and anti-agency rhetoric that counsel disempowering the Treasury Department and other administrative agencies from comprehensively enforcing laws and making policy in their relevant domains. Part III analyzes how the Code's structure for tax administration differs from the APA template for administrative agencies. Part IV deconstructs these differences, drawing from general …
Embracing The Queen Of Hearts: Deference To Retroactive Tax Rules, James M. Puckett
Embracing The Queen Of Hearts: Deference To Retroactive Tax Rules, James M. Puckett
Journal Articles
The Supreme Court’s decision in Mayo Foundation for Medical Education and Research v. United States underscored the importance of a uniform approach to judicial review of administrative action; accordingly, the Court clarified that tax administration is generally subject to the same review as other kinds of administrative action by other federal agencies. Tax guidance from the IRS and Treasury Department serves an important role in clarifying the tax law so that taxpayers may report their tax liability accurately and plan their affairs. Meanwhile, aggressive attempts by a relatively small number of taxpayers to avoid tax liability by exploiting arguable ambiguities …
A Buffett Rule For Social Security And Medicare: Phasing Out Benefits For High Income Retirees, Samuel C. Thompson Jr.
A Buffett Rule For Social Security And Medicare: Phasing Out Benefits For High Income Retirees, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
Assessing The Following Systems For Taxing Foreign-Source Active Business Income: Deferral, Exemption, And Imputation, Samuel C. Thompson Jr.
Assessing The Following Systems For Taxing Foreign-Source Active Business Income: Deferral, Exemption, And Imputation, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
The Case For Tax Sparing Along With Expanding And Limiting The Subpart F Regime, Samuel C. Thompson Jr.
The Case For Tax Sparing Along With Expanding And Limiting The Subpart F Regime, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
Asset Acquisitions: A Colloquy, Samuel C. Thompson Jr.
Asset Acquisitions: A Colloquy, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
Change Of Control Board: Federal Preemption Of The Law Governing A Target's Directors, Samuel C. Thompson Jr.
Change Of Control Board: Federal Preemption Of The Law Governing A Target's Directors, Samuel C. Thompson Jr.
Journal Articles
This article sets out a proposed federal uniform standard governing the actions by the board of directors of a publicly held corporation that is the target of a change of control transaction. This proposal would apply in each of the following four merger and acquisition transactions: (1) the acquisition of a target in an arm's-length negotiated merger or acquisition; (2) the acquisition of a target in a management buyout; (3) the proposed acquisition of a target in a hostile tender offer; and (4) the acquisition by a target's controlling shareholder of the minority interests in such target in a freezeout …
South African Perspectives: Its Prospects And Its Income Tax System, Samuel C. Thompson Jr.
South African Perspectives: Its Prospects And Its Income Tax System, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
Impact Of Code Section 367 And The European Union's 1990 Council Directive On Tax-Free Cross-Border Mergers And Acquisitions, Samuel C. Thompson Jr.
Impact Of Code Section 367 And The European Union's 1990 Council Directive On Tax-Free Cross-Border Mergers And Acquisitions, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
Introduction To This Symposium And A Guide To Issues In Mergers And Acquisitions, Samuel C. Thompson Jr.
Introduction To This Symposium And A Guide To Issues In Mergers And Acquisitions, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
Introduction To Tax Issue Of The University Of Miami Entertainment & Sports Law Review, Samuel C. Thompson Jr.
Introduction To Tax Issue Of The University Of Miami Entertainment & Sports Law Review, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
A Lawyer's Guide To Modern Valuation Techniques In Mergers And Acquisitions, Samuel C. Thompson Jr.
A Lawyer's Guide To Modern Valuation Techniques In Mergers And Acquisitions, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
The Merger And Acquisition Provisions Of The Ali Corporate Governance Project As Applied To The Three Steps In The Time-Warner Acquisition, Samuel C. Thompson Jr.
The Merger And Acquisition Provisions Of The Ali Corporate Governance Project As Applied To The Three Steps In The Time-Warner Acquisition, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
Foreward And Impact Of Market 2000 Study, Samuel C. Thompson Jr.
Foreward And Impact Of Market 2000 Study, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
A Comparison Of The Merger And Acquisition Provisions Of Present Law With The Provisions In The Senate Finance Committee's Draft Bill, Samuel C. Thompson Jr.
A Comparison Of The Merger And Acquisition Provisions Of Present Law With The Provisions In The Senate Finance Committee's Draft Bill, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
An Examination Of The Effect Of Recent Legislation On Commodity Tax Straddles, Samuel C. Thompson Jr.
An Examination Of The Effect Of Recent Legislation On Commodity Tax Straddles, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
Tax Policy Implications Of Contributions Of Appreciated And Depreciated Property To Partnerships, Subchapter C Corporations And Subchapter S Corporations In Exchange For Ownership Interests, Samuel C. Thompson Jr.
Tax Policy Implications Of Contributions Of Appreciated And Depreciated Property To Partnerships, Subchapter C Corporations And Subchapter S Corporations In Exchange For Ownership Interests, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
The Federal Income Tax Impact Of The Operating Function On The Choice Of Business Form: Partnership, Subchapter C Corporation, Or Subchapter S Corporation, Samuel C. Thompson Jr.
The Federal Income Tax Impact Of The Operating Function On The Choice Of Business Form: Partnership, Subchapter C Corporation, Or Subchapter S Corporation, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
A Suggested Alternative Approach To The Senate Finance Committee Staff's 1985 Proposals For Revising The Merger And Acquisition Provisions, Samuel C. Thompson Jr.
A Suggested Alternative Approach To The Senate Finance Committee Staff's 1985 Proposals For Revising The Merger And Acquisition Provisions, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.