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Articles 1 - 30 of 31
Full-Text Articles in Law
Altering U.S. Treaty Policy To Permit The Negotiating Of Zero Withholding On Portfolio Dividends: An Invitation To Research, J. Clifton Fleming Jr.
Altering U.S. Treaty Policy To Permit The Negotiating Of Zero Withholding On Portfolio Dividends: An Invitation To Research, J. Clifton Fleming Jr.
Faculty Scholarship
No abstract provided.
Accounting For Income Taxes, David W. Larue
Accounting For Income Taxes, David W. Larue
William & Mary Annual Tax Conference
No abstract provided.
Employee Benefits Up-Date: Coping With Chaos, Mark S. Dray
Employee Benefits Up-Date: Coping With Chaos, Mark S. Dray
William & Mary Annual Tax Conference
No abstract provided.
Tax Accounting Methods And Economic Performance, Lawrence F. Portnoy
Tax Accounting Methods And Economic Performance, Lawrence F. Portnoy
William & Mary Annual Tax Conference
No abstract provided.
Alternatives To Buy-Sell Agreements And Business Succession Planning, Myron E. Sildon
Alternatives To Buy-Sell Agreements And Business Succession Planning, Myron E. Sildon
William & Mary Annual Tax Conference
No abstract provided.
Examining The Arsenal - Recent Developments In Tax Practice And Procedure That Tax Practitioners Need To Know, L. Paige Marvel
Examining The Arsenal - Recent Developments In Tax Practice And Procedure That Tax Practitioners Need To Know, L. Paige Marvel
William & Mary Annual Tax Conference
No abstract provided.
Intangible Asset Depreciation: Newark And Section 197, Kenneth W. Gideon
Intangible Asset Depreciation: Newark And Section 197, Kenneth W. Gideon
William & Mary Annual Tax Conference
No abstract provided.
Buy-Sell Agreements For The Family Owned Business: Practical Considerations And Planning Opportunities, Morton A. Harris
Buy-Sell Agreements For The Family Owned Business: Practical Considerations And Planning Opportunities, Morton A. Harris
William & Mary Annual Tax Conference
No abstract provided.
Recent Developments Affecting Real Estate And Partnerships, Stefan F. Tucker
Recent Developments Affecting Real Estate And Partnerships, Stefan F. Tucker
William & Mary Annual Tax Conference
No abstract provided.
State Taxation Of Nonresidents' Pension Income, Walter Hellerstein
State Taxation Of Nonresidents' Pension Income, Walter Hellerstein
Scholarly Works
This article examines the issues raised by the efforts of some states to tax the pension income of their former residents and of the proposed congressional legislation to forbid such taxation. While there may be sound policy reasons for forbidding state taxation of nonresident pension income, they have yet to emerge clearly from the rhetoric that has thus far dominated the debate over the pension tax issue. The goal of the article is to examine the questions raised by the controversy over state taxation of nonresident pensions in the hope that dispassionate analysis of the problem may contribute to a …
United States V. Richey: Disclosure Of Tax Information By Former Irs Agent Not Protected By First Amendment, Christine C. Pagano
United States V. Richey: Disclosure Of Tax Information By Former Irs Agent Not Protected By First Amendment, Christine C. Pagano
Publications
No abstract provided.
Tax Expenditure Budgets: A Critical View, Jeffrey S. Lehman, Douglas A. Kahn
Tax Expenditure Budgets: A Critical View, Jeffrey S. Lehman, Douglas A. Kahn
Cornell Law Faculty Publications
No abstract provided.
The Innocent Spouse Rules, Richard C.E. Beck
The Innocent Spouse Rules, Richard C.E. Beck
Articles & Chapters
No abstract provided.
Long Overdue: The Single Guaranteed Minimum Income Program, David Allen Larson
Long Overdue: The Single Guaranteed Minimum Income Program, David Allen Larson
Faculty Scholarship
This article provides an overview of income support programs in the United States. The article first examines proposals for a guaranteed income. This initial examination consists of four separate sections. It begins with a summary of negative income tax plans. Second, it discusses legislation introduced in the United States Congress. Third, current guaranteed income proposals are examined. Finally, it concludes with a brief examination of social experiments conducted in several communities. Because no proposal for a comprehensive guaranteed income program has been adopted, this article next discusses the income maintenance programs including a short description and selected statistical information.
Nonrecourse Liabilities And Real Costs: A Reply To Professor Johnson, Erik M. Jensen
Nonrecourse Liabilities And Real Costs: A Reply To Professor Johnson, Erik M. Jensen
Faculty Publications
This article replies to a comment on "The Unanswered Question in Tufts: What Was the Purchaser's Basis?" by Calvin Johnson.
Does Treasury Have Authority To Index Basis For Inflation?, Lawrence A. Zelenak
Does Treasury Have Authority To Index Basis For Inflation?, Lawrence A. Zelenak
Faculty Scholarship
In this article he examines the claim, which has been publicized in recent months, that the Treasury Department could unilaterally index the capital gains tax for inflation by a new regulation interpreting code section 1012. He concludes, in light of more than seven decades of administrative, judicial and legislative history, that such unilateral action would be invalid.
Income Tax Rhetoric (Or Why Do We Want Tax Reform?), Beverly I. Moran
Income Tax Rhetoric (Or Why Do We Want Tax Reform?), Beverly I. Moran
Vanderbilt Law School Faculty Publications
The 1992 presidential election is over but the United States economy still faces hard times. Each man who hoped to lead us promised to revive our sick economy, and each cure promised included a strong dose of tax reform. At no time during the campaign or the transition did anyone seem to ask: Can tax reform actually increase employment, lower the deficit, nwerse our trade imbalance, or provide any other boost out of the recession? Why do Americans accept the notion that economic recovery requires tax reform? We did not always think this way. Why does it seem so natural …
Filling Gaps In The Close Corporation Contract: A Transaction Cost Analysis, Charles O'Kelley
Filling Gaps In The Close Corporation Contract: A Transaction Cost Analysis, Charles O'Kelley
Faculty Articles
This article develops a more refined transaction-cost based theory which explains: why rational investors in jointly owned, closely held firms initially choose corporate form; why they leave the contractual gaps that they do; and how efficiency-minded judges should respond to postharmony disputes made possible by the form chosen and the gaps left. Professor O’Kelley’s theory takes into account not only the possibility that investors should have chosen partnership law, but also the advantages and disadvantages of organizing production as an implicit team, via long-term contracts between separate businesses or as a sole proprietorship. In explicating this theory of form choice, …
Is An Employment-Discrimination Award Taxable?, L. Scott Stafford
Is An Employment-Discrimination Award Taxable?, L. Scott Stafford
Faculty Scholarship
No abstract provided.
Fighting Exclusion From Televised Presidential Debates: Minor-Party Candidates' Standing To Challenge Sponsoring Organizations' Tax-Exempt Status Note, Gregory P. Magarian
Fighting Exclusion From Televised Presidential Debates: Minor-Party Candidates' Standing To Challenge Sponsoring Organizations' Tax-Exempt Status Note, Gregory P. Magarian
Scholarship@WashULaw
This Note argues that courts should recognize minor-party presidential candidates' standing to challenge the section 50l(c)(3) tax-exempt status of organizations sponsoring televised debates that exclude minor-party candidates. Part I situates the issue within the context of the Supreme Court's standing jurisprudence and concludes that the validity of a third-party tax-status challenge by an aggrieved minor-party presidential candidate remains an open question. Part II analyzes the Second and District of Columbia Circuits' decisions and concludes that the Second Circuit's approach properly interprets the Supreme Court's standing doctrine and correctly resolves the particular arguments which both courts consider. Part III first demonstrates …
The Innocent Spouse Rules, Richard C.E. Beck
A General Approach To The Taxation Of Financial Instruments, Reed Shuldiner
A General Approach To The Taxation Of Financial Instruments, Reed Shuldiner
All Faculty Scholarship
No abstract provided.
Tufts And The Evolution Of Debt-Discharge Theory, Deborah A. Geier
Tufts And The Evolution Of Debt-Discharge Theory, Deborah A. Geier
Law Faculty Articles and Essays
This 1992 article first explores how the concept of - 61(a)(12) debt-discharge income evolved over time from a "balance sheet improvement" rationale to one recognizing that what is properly measured under - 61(a)(12) is the prior receipt that would have been a wealth accession at that time if not for the absolute obligation to repay (without regard to balance sheet consequences). The article then goes on to explore how the Supreme Court created unnecessary mischief in Tufts v. Commissioner, 461 U.S. 300 (1983), by failing to recognize the critical differences between - 1001 "gain" or "loss" and - 61(a)(12) debt-discharge …
Taxation, Negative Amortization And Affordable Mortgages, Michael S. Knoll
Taxation, Negative Amortization And Affordable Mortgages, Michael S. Knoll
All Faculty Scholarship
No abstract provided.
Why Have Chapter 11 Bankruptcies Failed So Miserably? A Reappraisal Of Congressional Attempts To Protect A Corporation's Net Operating Losses After Bankruptcy, Michelle A. Cecil
Why Have Chapter 11 Bankruptcies Failed So Miserably? A Reappraisal Of Congressional Attempts To Protect A Corporation's Net Operating Losses After Bankruptcy, Michelle A. Cecil
Faculty Publications
This Article will first outline the history of judicial and statutory limitations on the free transferability of net operating losses, highlighting congressional attempts to afford more favorable treatment to troubled corporations reorganizing in Title 11 proceedings. It will then examine the operation of section 382 of the 1986 Code, again focusing on those provisions designed to assist in the successful reorganization of these corporations, and will demonstrate the wholesale inability of these provisions to preserve the net operating losses of troubled corporations. Finally, the Article will propose an amendment to section 382 that would increase the likelihood that corporations will …
Thurgood Marshall: Tax Lawyer, Stephen B. Cohen
Thurgood Marshall: Tax Lawyer, Stephen B. Cohen
Georgetown Law Faculty Publications and Other Works
During his twenty-four years on the Supreme Court, Justice Thurgood Marshall wrote better opinions on the law of federal income taxation than any of his fellow Justices. This is, of course, a subjective appraisal which others may dispute. Nevertheless, from two decades of teaching federal income taxation, I am convinced of the quality of Marshall's work.
Commentary: The Tax Legislative Process -- A Critical Need, William D. Popkin
Commentary: The Tax Legislative Process -- A Critical Need, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
Compensatory And Punitive Damages For A Personal Injury: To Tax Or Not To Tax, Douglas A. Kahn
Compensatory And Punitive Damages For A Personal Injury: To Tax Or Not To Tax, Douglas A. Kahn
Articles
Since the adoption in 1919 of the Revenue Act of 1918, damages received on account of personal injuries or sickness have been excluded by statute from gross income.1 This exclusion, which does not apply to reimbursements for medical expenses for which the taxpayer was previously allowed a tax deduction,2 is presently set forth in section 104(a)(2). One might expect that a provision having recently attained the ripe age of 75 years without change in its basic language would have a settled meaning. However, recent litigation under section 104(a)(2) bristles with unsettled issues. Does the exclusion apply to punitive damages? To …
Welfare State Crime In Canada: The Politics Of Tax Evasion In The 1980s, Lorne Sossin
Welfare State Crime In Canada: The Politics Of Tax Evasion In The 1980s, Lorne Sossin
Articles & Book Chapters
This paper considers the phenomenon of tax evasion in the 1980s in Canada as an outgrowth of a crisis in the welfare state. The lack of social protest over the high incidence of tax evasion among the wealthiest stratum of Canadian individuals and corporations is, on this view, linked to the transformation of politicized citizens into depoliticized clients. Tax evasion, along with legal tax avoidance both proliferated in the 1980s which reflects the convergence of a number of events including the increase in use of tax expenditures, the decreasing emphasis on enforcement in tax administration, the rise of neoconservatism and, …
Taxation Of Business Rent, George Mundstock