Law Commons^™

A Second Look At The Zero Basis Hoax, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.

Section 338(H)(10), Mark L. Yecies

William & Mary Annual Tax Conference

No abstract provided.

Proposed Intercompany Transaction Regulations: Side-By-Side Comparisons, Andrew J. Dubroff

William & Mary Annual Tax Conference

No abstract provided.

Final Consolidated Return Regulations Modifying The Calculation Of Stock Basis And Other Items, Kevin A. Duvall

William & Mary Annual Tax Conference

No abstract provided.

Selected Issues In Operating An S Corporation, Thomas P. Rohman

William & Mary Annual Tax Conference

No abstract provided.

Purchase And Sale Of Interests; Asset And Stock Acquisitions; Redemptions; And Terminations In Pass-Through Entities, Richard A. Shaw, Michael G. Frankel, Mary L. Harmon

William & Mary Annual Tax Conference

No abstract provided.

Planning For The Termination Of An Interest In A Partnership - Withdrawals, Distributions And Other Exit Strategies, Michael G. Frankel

William & Mary Annual Tax Conference

No abstract provided.

Federal Income Tax Considerations Of Acquisitions Involving S Corporations, Mary L. Harmon

William & Mary Annual Tax Conference

No abstract provided.

C To S To C Conversions, Bryan P. Collins

William & Mary Annual Tax Conference

No abstract provided.

Federal Taxation On Disposition Of Partnership Interests, Richard A. Shaw

William & Mary Annual Tax Conference

No abstract provided.

Choice Of Entity: S Corporations And Limited Liability Companies, Samuel P. Starr

William & Mary Annual Tax Conference

No abstract provided.

Planning With S Corporations, Richard A. Shaw

William & Mary Annual Tax Conference

No abstract provided.

West Lynn Creamery And The Constitutionality Of State Tax Incentives, Walter Hellerstein

Scholarly Works

One of the more perplexing questions that has surfaced from time to time in the state tax field is how a constitutionally benign tax incentive program designed to attract industry to a state is to be distinguished from an unconstitutionally discriminatory taxing scheme that “forecloses tax-neutral decisions” and “provides a direct commercial advantage to local business.” On one hand, the U.S. Supreme Court has expressed the view that its decisions do “not prevent the States from structuring their tax systems to encourage the growth and development of intrastate commerce and industry.” On the other hand, the Court has frequently invalidated …

The Health Security Act: Coercion And Distrust For The Market, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.

Designing A Hybrid Income-Consumption Tax, Michael S. Knoll

All Faculty Scholarship

No abstract provided.

Issues In The Design Of Formulary Apportionment In The Context Of Nafta, Richard Pomp

Faculty Articles and Papers

No abstract provided.

Tax Harmonization And Coordination In Europe And America, Stephen Utz

Faculty Articles and Papers

No abstract provided.

Partial Termination Of Single-Employer Tax Qualified Plans: Clarity Or Misappropriated Judicial Decision-Making?, Samantha J. Prince, Jo Ann Petroziello

Faculty Scholarly Works

For over three decades, the Internal Revenue Code [hereinafter I.R.C. or Code 1 has contained provisions that require that all benefits in a single-employer tax qualified plan become fully vested when the plan is partially terminated. However, the Internal Revenue Service [hereinafter IRS or Service] has failed to articulate a standard for determining when a partial termination has occurred. Instead, the courts and the Service have utilized a “facts and circumstances” test which does not set clear guidelines. In light of the application of inconsistent approaches by the courts, recent decisions answering partial plan termination questions have served only to …

Paying Back Your Country Through Income-Contingent Student Loans, Evelyn Brody

All Faculty Scholarship

This article uses the case of paying for a college education to study broad issues of equity, both between families and between generations. As a normative matter, I argue that we should subsidize the education of those who are disadvantaged, but that is because a college education generally 'pays off,' society as a whole should not subsidize most students. Rather, the government can serve the valuable function of simply ensuring that students have access to sufficient loans to finance their education. Congress recently enacted President Clinton's proposal to convert the federal role from a guarantor of student loans to a …

An Alternative Approach To The Taxation Of Employment Discrimination Recoveries Under Federal Civil Rights Statutes: Income From Human Capital, Realization, And Nonrecognition, Mary L. Heen

Law Faculty Publications

The taxation of employment discrimination recoveries under federal civil rights statutes, according to the United States Supreme Court's pronouncement in United States v. Burke, turns on whether a particular claim is sufficiently "tort-like" to warrant exclusion from income as a personal injury. In place of the "tort-like" standard, Professor Mary L Heen offers a human capital approach that she believes is both more responsive to the goals of the civil rights statutes at issue and more consistent with income tax policy.

Like personal injuries in tort, injuries caused by employment discrimination diminish an individual's human capital-they are just as surely …

Partnership Profits Share For Services: An Aggregate Exegesis Of Revenue Procedure 93-27 (Part 1), John W. Lee

Faculty Publications

In this article, Lee charts two alternative methods for implementing an aggregate solution to the problem of partnership profits share exchanged for services. The functional, or judicial, method, he explains, is to handle (1) the exchange of partner-capacity services for a profit share subject to the risk of the venture with the Culbertson "common law relation of partnership," nonrealization event doctrine, implicitly contemplated by the 1984 legislative history to section 707(a)(2); (2) the classic Diamond transitory partner with a substance-over-form rule or step-transaction rule; and (3) a sale of the partnership interest in circumstances that would result in ordinary income …

The Troubled Rule Of Nondiscrimination In Taxing Foreign Direct Investment, Robert A. Green

Cornell Law Faculty Publications

[Abstract needed]

Tax Subsidies: One-Time Vs. Periodic An Economic Analysis Of The Tax Policy Alternatives, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

The Tax Court Revisits The Golsen Rule: Lardas V. Commissioner, Donald B. Tobin

Faculty Scholarship

No abstract provided.

Foreward And Impact Of Market 2000 Study, Samuel C. Thompson Jr.

Journal Articles

No abstract provided.

A Theorem For Compensation Deferral: Doubling Your Blessings By Taking Your Rabbi Abroad, Henry Ordower

All Faculty Scholarship

Develops a mathematical methodology for determining whether or not to defer compensation income. Identifies special planning opportunities for United States employees of non-U.S. employers.

1969: The Birth Of Tax Reform, Mark W. Cochran

Faculty Articles

This narrative poem framed from Robert Penn Warren’s epic poem, “Brother to Dragons,” transforms Warren’s poem into a satirical take on tax reform covering the origins, implementation, effectiveness, and future of American tax reform legislation. The poem begins by highlighting economic, political, social, and pop culture events from the American 1960s. The author discusses the emergence of and reasons for tax reform detailing the policy behind reform along with the positive and negative aspects of the original Tax Reform Act of 1969. The first reform attempted to curtail tax shelters by limiting risk write-offs, but exceptions in the reformation allowed …

The Tax Consequences Of Abandonment Under The Bankruptcy Code, Jack F. Williams

Faculty Publications By Year

No abstract provided.

The New Rollover Rules And Twenty Percent Withholding Tax On Pension Distributions: Does Good Pension Policy Favor Their Repeal?, Leandra Lederman

Articles by Maurer Faculty

No abstract provided.

The Forgotten Link: Control In Section 482, Wayne M. Gazur

Publications

The foundation of international taxable income allocations between related parties is formed by the imposition of an arm's length standard. The presence of "control" over a person invokes this measure. The author examines the implications of control presented by continuing developments in the global business environment, including the rise of cooperative interfirm arrangements.