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Full-Text Articles in Law
The Tax Treatment Of Advance Receipts, David Hasen
The Tax Treatment Of Advance Receipts, David Hasen
Publications
Under the present income tax, some advance receipts are neither taxable on receipt nor deductible on repayment, while others are taxable when received and deductible when repaid or paid for. From a purely theoretical perspective, it remains unclear why different sets of rules apply in different cases. For example, if the fact of unrestricted control over the payment compels the conclusion that it is income, then most advance receipts, including loan proceeds, should be included in income immediately. Conversely, if the presence of an offsetting liability compels the conclusion that the payment is not (yet) income, then most advance receipts, …
Unwinding Unwinding, David Hasen
Unwinding Unwinding, David Hasen
Publications
"Unwinding" is a common, if not ubiquitous, feature of tax practice. In a successful unwind, parties to a prior transaction or arrangement back out of it by means of a later transaction and are treated for tax purposes as having engaged in no transactions at all. In a failed unwind, the parties undertake the later transaction, but it is not treated as nullifying the effects of the first transaction; rather, two separate transactions are deemed to have taken place, each with its own tax consequences.
This Article develops the first unified theoretical framework for analyzing tax unwinding. It also provides …
Quantifying The Tax Advantage Of Deferred Compensation, Eric D. Chason
Quantifying The Tax Advantage Of Deferred Compensation, Eric D. Chason
Faculty Publications
No abstract provided.
Book Review. Einhorn, Robin L., American Taxation, American Slavery, Ajay K. Mehrotra
Book Review. Einhorn, Robin L., American Taxation, American Slavery, Ajay K. Mehrotra
Articles by Maurer Faculty
No abstract provided.
A Multilateral Solution For The Income Tax Treatment Of Interest Expenses, Michael J. Graetz
A Multilateral Solution For The Income Tax Treatment Of Interest Expenses, Michael J. Graetz
Faculty Scholarship
Recent developments – including greater taxpayer sophistication in structuring and locating international financing arrangements, increased government concerns with the role of debt in sophisticated tax avoidance techniques, and disruption by decisions of the European Court of Justice of member states' regimes limiting interest deductions – have stimulated new laws and policy controversies concerning the international tax treatment of interest expenses. National rules are in flux regarding the financing of both inbound and outbound transactions.
Heretofore, the question of the proper treatment of interest expense has generally been looked at from the perspective of either inbound or outbound investment. As a …
Time To Start Over On Deferred Compensation, Michael Doran
Time To Start Over On Deferred Compensation, Michael Doran
Georgetown Law Faculty Publications and Other Works
Writing good regulations--"good" in the sense of promoting the public interest--always presents challenges. Regulators must hit a small but important target where private conduct is brought within appropriate government control, but unnecessary compliance burdens and other deadweight costs are minimized. Even if they see the government's objectives clearly, regulators often have only a limited understanding of the underlying private activities. Moreover, regulators may be unaware of how their rules disrupt or distort those activities in socially harmful ways.
Regulators occasionally hit the target exactly. More often, they miss--though not by an intolerably wide margin (good enough for government work, as …