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2014

Tax Law

Institution
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Articles 1 - 30 of 130

Full-Text Articles in Law

When Helpers Hurt: Protecting Taxpayers From Preparers, Michelle Lyon Drumbl Dec 2014

When Helpers Hurt: Protecting Taxpayers From Preparers, Michelle Lyon Drumbl

Faculty Scholarship

None available.


Profits V. Purpose: Hybrid Companies And The Charitable Dollar, Jill R. Horwitz, Rachel Culley Nov 2014

Profits V. Purpose: Hybrid Companies And The Charitable Dollar, Jill R. Horwitz, Rachel Culley

Law & Economics Working Papers

Social entrepreneurship -- a catch-all term meaning harnessing business practices for social good -- has attracted people who want to “do well while doing good” for decades. Advocates of the idea have succeeded in blurring the boundaries among legal ownership types and inspired nonprofit/for-profit joint ventures, public-private partnerships, and the widespread privatization of traditional government functions and activities. The most recent manifestation of this trend is the creation of hybrid non-profit/for-profit firms. In the United States, the Low-Profit Limited Liability Company (L3C) is growing, and there are similar firms in the United Kingdom and Canada. In this paper we address ...


The New World Of Estate Planning After The 2012 Tax Act 15 (Abbreviated Outline) An Estate Planner's Perspective On Recent Tax Developments: The Year In Review, John B. O'Grady, Howard M. Zaritsky Nov 2014

The New World Of Estate Planning After The 2012 Tax Act 15 (Abbreviated Outline) An Estate Planner's Perspective On Recent Tax Developments: The Year In Review, John B. O'Grady, Howard M. Zaritsky

William & Mary Annual Tax Conference

No abstract provided.


Advising Venture & Early-Stage Clients: Current Ear-To-The-Ground Assessment, Gary D. Leclair Nov 2014

Advising Venture & Early-Stage Clients: Current Ear-To-The-Ground Assessment, Gary D. Leclair

William & Mary Annual Tax Conference

No abstract provided.


Net Investment Income Tax Planning, Jeanne M. Sullivan Nov 2014

Net Investment Income Tax Planning, Jeanne M. Sullivan

William & Mary Annual Tax Conference

No abstract provided.


Advising Venture & Early-Stage Client: Issues Confronting Early-Stage Companies, Carroll D. Hurst Nov 2014

Advising Venture & Early-Stage Client: Issues Confronting Early-Stage Companies, Carroll D. Hurst

William & Mary Annual Tax Conference

No abstract provided.


Overview Of Civil Tax Penalties, Craig D. Bell, Christopher S. Rizek Nov 2014

Overview Of Civil Tax Penalties, Craig D. Bell, Christopher S. Rizek

William & Mary Annual Tax Conference

No abstract provided.


Reclassification Risks For Compensation Paid By S And C Corporations To Shareholder-Employees, Stephen R. Looney Nov 2014

Reclassification Risks For Compensation Paid By S And C Corporations To Shareholder-Employees, Stephen R. Looney

William & Mary Annual Tax Conference

No abstract provided.


Tax Accounting Methods Considerations In Restructuring Transactions, Glenn Carrington, Kristine Mora Nov 2014

Tax Accounting Methods Considerations In Restructuring Transactions, Glenn Carrington, Kristine Mora

William & Mary Annual Tax Conference

No abstract provided.


Negotiating Tax Provisions In Partnership And Llc Agreements, Robert G. Gottlieb, Brian J. O'Connor Nov 2014

Negotiating Tax Provisions In Partnership And Llc Agreements, Robert G. Gottlieb, Brian J. O'Connor

William & Mary Annual Tax Conference

No abstract provided.


Contingent Purchase Price, Contingent Liabilities And Indemnities In Taxable Acquisitions (Slides), William M. Richardson, Robert H. Wellen Nov 2014

Contingent Purchase Price, Contingent Liabilities And Indemnities In Taxable Acquisitions (Slides), William M. Richardson, Robert H. Wellen

William & Mary Annual Tax Conference

No abstract provided.


Recent Tax Developments In Virginia: 2013-2014, Craig D. Bell, William L.S Rowe Nov 2014

Recent Tax Developments In Virginia: 2013-2014, Craig D. Bell, William L.S Rowe

William & Mary Annual Tax Conference

No abstract provided.


Working With The Section 752 Partnership Liability Allocation Rules (Slides), Jennifer H. Alexander, Andrea M. Whiteway Nov 2014

Working With The Section 752 Partnership Liability Allocation Rules (Slides), Jennifer H. Alexander, Andrea M. Whiteway

William & Mary Annual Tax Conference

No abstract provided.


Contingent Consideration, Contingent Liabilities And Indemnities In Acquisitions (Outline), Robert H. Wellen Nov 2014

Contingent Consideration, Contingent Liabilities And Indemnities In Acquisitions (Outline), Robert H. Wellen

William & Mary Annual Tax Conference

No abstract provided.


Working With The Section 752 Partnership Liability Allocation Rules (Outline), Jennifer H. Alexander, Andrea M. Whiteway Nov 2014

Working With The Section 752 Partnership Liability Allocation Rules (Outline), Jennifer H. Alexander, Andrea M. Whiteway

William & Mary Annual Tax Conference

No abstract provided.


2014 Tax Conference Speakers Nov 2014

2014 Tax Conference Speakers

William & Mary Annual Tax Conference

No abstract provided.


2014 Tax Conference Forms Nov 2014

2014 Tax Conference Forms

William & Mary Annual Tax Conference

No abstract provided.


2014 Schedule Nov 2014

2014 Schedule

William & Mary Annual Tax Conference

No abstract provided.


Structuring And Restructuring Deals In 2014 (And Beyond), Stephen L. Owen Nov 2014

Structuring And Restructuring Deals In 2014 (And Beyond), Stephen L. Owen

William & Mary Annual Tax Conference

No abstract provided.


Equitable Anti-Junction Act, The, Erin Morrow Hawley Nov 2014

Equitable Anti-Junction Act, The, Erin Morrow Hawley

Faculty Publications

The (AIA or the Act) has never been more important. Originally enacted to expedite the collection of revenue-raising taxes, courts and scholars have for years assumed that the statute imposes a jurisdictional bar on any pre-enforcement challenge to a tax. On this interpretation, taxpayers subject to an invalid tax have two choices only: comply or pay the tax and pursue a refund. Read this way, the Act is a marked departure from the general rule that pre-enforcement challenges are permissible so long as justiciability requirements are met. And it imposes a marked burden on aggrieved taxpayers that grows all the ...


Marriage Pluralism: Taxing Marriage After Windsor, David J. Herzig Oct 2014

Marriage Pluralism: Taxing Marriage After Windsor, David J. Herzig

Law Faculty Publications

No abstract provided.


The Oecd’S Flawed And Dated Approach To Computer Servers Creating Permanent Establishments, Monica Gianni Oct 2014

The Oecd’S Flawed And Dated Approach To Computer Servers Creating Permanent Establishments, Monica Gianni

UF Law Faculty Publications

As the digital economy changes the way that we do business, tax laws have been challenged to adapt appropriately to this nontraditional business method. International tax rules were developed in a different technological era. To accommodate electronic commerce, existing tax rules either have to be applied to electronic-commerce transactions, or new rules have to be developed. The Organisation for Economic Co-operation and Development (OECD) has taken the lead in studying and recommending appropriate international taxation rules for electronic commerce.

This Article focuses on the original central tax issue that the OECD considered—jurisdiction to tax income from electronic commerce based ...


Alms To The Rich: The Facade Easement Deduction, Wendy G. Gerzog Oct 2014

Alms To The Rich: The Facade Easement Deduction, Wendy G. Gerzog

All Faculty Scholarship

This article presents the case for repeal of the façade easement deduction. Proponents of this benefit argue that the deduction encourages historic preservation by reimbursing property owners for relinquishing their right to alter the façade of their property in a way inconsistent with that conservation goal; however, this article shows that there are many reasons to urge its repeal: the revenue loss, the small number of beneficiaries, the financial demographics of that group of beneficiaries; the dubious industries that are supported by the deduction; and the continual marked overvaluation and abuse despite Congressional, court, and administrative review and expense.

After ...


Integrating Subchapters K And S And Beyond, Walter D. Schwidetzky Oct 2014

Integrating Subchapters K And S And Beyond, Walter D. Schwidetzky

All Faculty Scholarship

This Article builds upon a similar, lengthier effort that I published in the Tax Lawyer in 2009. While there is overlap, this Article contains much new material. Important case law and tax proposals from the House Ways and Means Committee have come out in the interim. Due to space limitations, unlike my Tax Lawyer effort, this Article attempts to avoid prolixity. It assumes the reader has good knowledge of both Subchapters S and K and the tax entity selection process. If you are not that reader, a review of my Tax Lawyer article or Professor Mann's article in this ...


Reconciling Tax Law And Securities Regulation, Omri Y. Marian Oct 2014

Reconciling Tax Law And Securities Regulation, Omri Y. Marian

UF Law Faculty Publications

Issuers in registered securities offerings must disclose the expected tax consequences to investors investing in the offered securities (“nonfinancial tax disclosure”). This Article advances three arguments regarding nonfinancial tax disclosures. First, nonfinancial tax disclosure practice, as the Securities and Exchange Commission (the SEC) has sanctioned it, does not fulfill its intended regulatory purposes. Currently, nonfinancial tax disclosures provide irrelevant information, sometimes fail to provide material information, create unnecessary transaction costs, and divert valuable administrative resources to the enforcement of largely-meaningless requirements. Second, the practical reason for this failure is the SEC and tax practitioners’ unsuccessful attempt to address investors’ heterogeneous ...


Probability, Professionalism, And Protecting Taxpayers, Bradley T. Borden, Dennis J. Ventry, Jr. Oct 2014

Probability, Professionalism, And Protecting Taxpayers, Bradley T. Borden, Dennis J. Ventry, Jr.

Faculty Scholarship

No abstract provided.


Probability, Professionalism, And Protecting Taxpayers, Bradley T. Borden, Dennis J. Ventry Oct 2014

Probability, Professionalism, And Protecting Taxpayers, Bradley T. Borden, Dennis J. Ventry

Faculty Scholarship

No abstract provided.


Paying For Altruism: The Case Of Organ Donation Revisited, Firat Bilgel, Brian D. Galle Sep 2014

Paying For Altruism: The Case Of Organ Donation Revisited, Firat Bilgel, Brian D. Galle

Boston College Law School Faculty Papers

Although many commentators have called for increased efforts to incentivize organ donations, theorists and some evidence suggest these efforts will be ineffective or even could perversely crowd out altruistic efforts. Prior papers examining the impact of tax incentives for donations generally report zero or negative coefficients. We argue these studies incorrectly define their tax variables, and rely on difference-in-differences methods despite likely failures of the requisite parallel trends assumption. We therefore aim to identify the causal effect of tax incentive legislation to serve as an organ donor on living related and unrelated kidney donation rates in the U.S states ...


"Competitiveness" Has Nothing To Do With It, Edward D. Kleinbard Sep 2014

"Competitiveness" Has Nothing To Do With It, Edward D. Kleinbard

University of Southern California Legal Studies Working Paper Series

The recent wave of corporate tax inversions has triggered interest in what motivates these tax-driven transactions now. Corporate executives have argued that inversions are explained by an “anti-competitive” U.S. tax environment, as evidenced by the federal corporate tax statutory rate, which is high by international standards, and by its “worldwide” tax base. This paper explains why this competitiveness narrative is largely fact-free, in part by using one recent articulation of that narrative (by Emerson Electric Co.’s former vice-chairman) as a case study.

The recent surge in interest in inversion transactions is explained primarily by U.S. based multinational ...


Jurisdictional Question In Hobby Lobby, The, Erin Morrow Hawley Sep 2014

Jurisdictional Question In Hobby Lobby, The, Erin Morrow Hawley

Faculty Publications

Burwell v. Hobby Lobby Stores may well be the biggest case of the term. And by its own rules, the Supreme Court lacked jurisdiction. An obscure statute, the Anti-Injunction Act of 1867 (“the AIA”), imposes a pay-first requirement for federal tax challenges. The deeply held conventional wisdom is that the AIA is a jurisdictional statute, and there is a good argument that the AIA applies to the contraception mandate. As we learned from National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566 (2012), the best evidence of whether Congress intended the AIA to apply is the text. The ...