Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

2016

Tax Law

Institution
Keyword
Publication

Articles 1 - 30 of 126

Full-Text Articles in Law

R&D Tax Incentives--Growth Panacea Or Budget Trojan Horse?, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni Dec 2016

R&D Tax Incentives--Growth Panacea Or Budget Trojan Horse?, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

No abstract provided.


Two Cheers For The Foreign Tax Credit, Even In The Beps Era, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay Dec 2016

Two Cheers For The Foreign Tax Credit, Even In The Beps Era, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay

Faculty Scholarship

Reform of the U.S. international income taxation system has been a hotly debated topic for many years. The principal competing alternatives are a territorial or exemption system and a worldwide system. For reasons summarized in this article, we favor worldwide taxation if it is real worldwide taxation – i.e., a non-deferred U.S. tax is imposed on all foreign income of U.S. residents at the time the income in earned. This approach is not acceptable, however, unless the resulting double taxation is alleviated. The longstanding U.S. approach for handling the international double taxation problem is a foreign tax credit limited to …


Tax Benefits Of Government-Owned Marijuana Stores, Benjamin Leff Dec 2016

Tax Benefits Of Government-Owned Marijuana Stores, Benjamin Leff

Articles in Law Reviews & Other Academic Journals

This Article is the first to address whether independent governmental affiliates that sell marijuana are exempt from federal income tax under section 115 of the Internal Revenue Code. It argues that such entities should easily pass the IRS's current interpretation of the three requirements for tax-exemption under section 115: (i) that exempt income be derived from "the exercise of any essential governmental function"; (ii) that such income "accru[e] to a State or any political subdivision thereof"; and (iii) that the income "not serve private interests[.]" In addition, this Article argues that though selling marijuana is illegal under federal law, that …


Giving Credit Where Credit Is Due: Reducing Inequality With A Progressive State Tax Credit, Eric Kades Dec 2016

Giving Credit Where Credit Is Due: Reducing Inequality With A Progressive State Tax Credit, Eric Kades

Faculty Publications

No abstract provided.


Country By Country Reporting And Corporate Privacy: Some Unanswered Questions, Reuven S. Avi-Yonah Dec 2016

Country By Country Reporting And Corporate Privacy: Some Unanswered Questions, Reuven S. Avi-Yonah

Articles

Corporate privacy is an oxymoron. Individuals have a right to privacy, which the Supreme Court has recognized at least since Griswold v. Connecticut (1965). Warren and Brandeis’ famous defense of the right to privacy (1890) clearly applied only to individuals, because only individuals have the kind of feelings that are affected by invasions of privacy. Corporations are legal entities, and the concept of privacy does not apply to them, as the Supreme Court held in 1906. Thus, any objection to making corporate tax returns public cannot rest on the right to privacy. In fact, corporate returns were made public in …


Redistributive Taxation In The Modern World, Vincent Ooi Dec 2016

Redistributive Taxation In The Modern World, Vincent Ooi

Research Collection Yong Pung How School Of Law

Academic discussion of justice and taxation has focused on determining the moral limits of taxation. This article is concerned specifically with the moral limits on the redistributivity of taxation. Rawlsian principles enable us to determine the moral upper and lower bounds of redistribution through tax and transfer systems. However, major changes since Rawls and Nozick prompt a re-examination of these bounds in the modern context. Increased affluence means that for many societies the worst-off citizens are well-off in absolute terms. Increased immigration and emigration means that the classical model of a closed society is now obsolete. I consider the basis …


Can A Cost Sharing Arrangement Prevent A Tax Shelter Label?, Jeffrey M. Kadet Nov 2016

Can A Cost Sharing Arrangement Prevent A Tax Shelter Label?, Jeffrey M. Kadet

Articles

In connection with an ongoing effort of the government to examine certain Microsoft documents, the government on October 12, 2016, stated in a filed document that one of the transactions at issue is "unquestionably" a tax shelter for purposes of section 7525. The significance of that is in whether some written communications should be protected from IRS scrutiny by the section 7525 confidentiality privilege that may apply to tax advice between a taxpayer and tax practitioners. Under section 7525(b)(2), written communications will not qualify if they are "in connection with the promotion of the direct or indirect participation of the …


Brief Of Interested Law Professors As Amici Curiae Supporting Petitioner, Edward A. Zelinsky Nov 2016

Brief Of Interested Law Professors As Amici Curiae Supporting Petitioner, Edward A. Zelinsky

Amicus Briefs

Amici curiae are 14 professors of law who have devoted much of their teaching and research to the area of state taxes and the role of state tax policy in our federal system. The names and affiliations (for identification purposes only) of amici are included in an addendum to this brief. The amici are concerned with the effect of this Court’s dormant Commerce Clause jurisprudence on the development of fair and efficient state tax systems. No decision of this Court has had more effect on state sales and use tax systems than Quill Corporation v. North Dakota. We believe …


Gcc Vat: The Intra-Gulf Trade Problem, Richard Thompson Ainsworth, Musaad Alwohaibi Nov 2016

Gcc Vat: The Intra-Gulf Trade Problem, Richard Thompson Ainsworth, Musaad Alwohaibi

Faculty Scholarship

It seems reasonably clear that by January 1, 2018 events will be set in motion for the adoption of a community-wide 5% value added tax (VAT) in the six Member States of the Gulf Cooperation Council (GCC).

The GCC’s Framework VAT document is expected to be published by the end of October 2016. One of the clearest, consistently placed observations is that the Arabian VATs will be destination-based and modeled on a European credit-invoice design. Intra-Gulf business-to-business (B2B) transactions will be effectively zero-rated by the supplier, and the buyer’s VAT will be directed to the destination jurisdiction. It is not …


2016 Tax Conference Speakers Nov 2016

2016 Tax Conference Speakers

William & Mary Annual Tax Conference

No abstract provided.


2016 Schedule Nov 2016

2016 Schedule

William & Mary Annual Tax Conference

No abstract provided.


Understanding Section 704(C) (Powerpoint), Brian J. O'Connor Nov 2016

Understanding Section 704(C) (Powerpoint), Brian J. O'Connor

William & Mary Annual Tax Conference

No abstract provided.


2016 Tax Conference Forms Nov 2016

2016 Tax Conference Forms

William & Mary Annual Tax Conference

No abstract provided.


Understanding Targeted Allocations (Powerpoint), Brian J. O'Connor Nov 2016

Understanding Targeted Allocations (Powerpoint), Brian J. O'Connor

William & Mary Annual Tax Conference

No abstract provided.


Understanding Targeted Allocations (Powerpoint), Brian J. O'Connor Nov 2016

Understanding Targeted Allocations (Powerpoint), Brian J. O'Connor

William & Mary Annual Tax Conference

No abstract provided.


What To Do Today With The New Partnership (And Llc) Audit Rules, Craig D. Bell, Steven R. Schneider Nov 2016

What To Do Today With The New Partnership (And Llc) Audit Rules, Craig D. Bell, Steven R. Schneider

William & Mary Annual Tax Conference

No abstract provided.


Tax Credits Basics & Update--Historic Tax Credits And New Markets Tax Credits (Powerpoint), Stephen M. Sharkey Nov 2016

Tax Credits Basics & Update--Historic Tax Credits And New Markets Tax Credits (Powerpoint), Stephen M. Sharkey

William & Mary Annual Tax Conference

No abstract provided.


Real Estate Methods And Credits: A Summary Of Recent Developments And Strategies (Powerpoint), Brandon C. Carlton Nov 2016

Real Estate Methods And Credits: A Summary Of Recent Developments And Strategies (Powerpoint), Brandon C. Carlton

William & Mary Annual Tax Conference

No abstract provided.


Recent Tax Developments In Virginia: 2015-2016, Craig D. Bell, William L.S Rowe, Emily J. Winbigler Nov 2016

Recent Tax Developments In Virginia: 2015-2016, Craig D. Bell, William L.S Rowe, Emily J. Winbigler

William & Mary Annual Tax Conference

No abstract provided.


Background And Framework Of Compensatory Llc Interests (Powerpoint), Brian J. O'Connor Nov 2016

Background And Framework Of Compensatory Llc Interests (Powerpoint), Brian J. O'Connor

William & Mary Annual Tax Conference

No abstract provided.


Let My Trustees Go! Planning To Minimize Or Eliminate Virginia And Other State Income Taxes On Trusts (Powerpoint), Richard W. Nenno Nov 2016

Let My Trustees Go! Planning To Minimize Or Eliminate Virginia And Other State Income Taxes On Trusts (Powerpoint), Richard W. Nenno

William & Mary Annual Tax Conference

No abstract provided.


Aligning The Stars- Estate Planning For Entrepreneurs In Interesting Times, Stefan F. Tucker, Tammara Langlieb Nov 2016

Aligning The Stars- Estate Planning For Entrepreneurs In Interesting Times, Stefan F. Tucker, Tammara Langlieb

William & Mary Annual Tax Conference

No abstract provided.


Tax Reform In The Next Administration (Outline), Evan M. Migdail Nov 2016

Tax Reform In The Next Administration (Outline), Evan M. Migdail

William & Mary Annual Tax Conference

No abstract provided.


Let's Look At The Big Picture: Partnership Compensation Issues From The Partnership And Benefits Perspective, Elizabeth E. Drigotas Nov 2016

Let's Look At The Big Picture: Partnership Compensation Issues From The Partnership And Benefits Perspective, Elizabeth E. Drigotas

William & Mary Annual Tax Conference

No abstract provided.


Structuring (And Drafting) Joint Venture Agreements (Powerpoint), Steven R. Schneider, Brian J. O'Connor Nov 2016

Structuring (And Drafting) Joint Venture Agreements (Powerpoint), Steven R. Schneider, Brian J. O'Connor

William & Mary Annual Tax Conference

No abstract provided.


Purchase And Sale Ofllc And S Corp Targets (Powerpoint), Robert G. Mcelroy, William M. Richardson Nov 2016

Purchase And Sale Ofllc And S Corp Targets (Powerpoint), Robert G. Mcelroy, William M. Richardson

William & Mary Annual Tax Conference

No abstract provided.


Let My Trustees Go! Planning To Minimize Or Eliminate Virginia And Other State 12 Income Taxes On Trusts (Outline), Richard W. Nenno Nov 2016

Let My Trustees Go! Planning To Minimize Or Eliminate Virginia And Other State 12 Income Taxes On Trusts (Outline), Richard W. Nenno

William & Mary Annual Tax Conference

No abstract provided.


Choice Of Business Entity, C. Wells Hall Iii Nov 2016

Choice Of Business Entity, C. Wells Hall Iii

William & Mary Annual Tax Conference

No abstract provided.


Tax Status: Employee Vs Independent Contractor And Employee Vs Partner, Kurt L.P. Lawson Nov 2016

Tax Status: Employee Vs Independent Contractor And Employee Vs Partner, Kurt L.P. Lawson

William & Mary Annual Tax Conference

No abstract provided.


Federal Tax Update (Powerpoint), Stephen L. Owen Nov 2016

Federal Tax Update (Powerpoint), Stephen L. Owen

William & Mary Annual Tax Conference

No abstract provided.