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Articles 1 - 28 of 28
Full-Text Articles in Law
Tax Cannibalization By State Corporate Taxes: Policy Implications, Darien Shanske, David Gamage
Tax Cannibalization By State Corporate Taxes: Policy Implications, Darien Shanske, David Gamage
Articles by Maurer Faculty
The tax cannibalization problem is especially large for state corporate income taxes because state governments piggyback on a deeply flawed federal corporate tax base. In this article, we clarify a point of possible confusion about these issues and then discuss some policy implications.
Tax Cannibalization By State Corporate Taxes: Revised Estimates, David Gamage, Darien Shanske
Tax Cannibalization By State Corporate Taxes: Revised Estimates, David Gamage, Darien Shanske
Articles by Maurer Faculty
To what extent do our prior estimates for the tax cannibalization problem still apply post-2017? In this article we address that question, focusing on the implications of the reduced federal corporate income tax rate.
Income Taxation Of Small Business: Toward Simplicity, Neutrality And Coherence, David G. Duff
Income Taxation Of Small Business: Toward Simplicity, Neutrality And Coherence, David G. Duff
All Faculty Publications
Among the many contributions that Judith Freedman has made to tax law and policy in the United Kingdom and around the world, one of the most sustained and significant involves the regulation and taxation of small business. This article reviews Professor Freedman’s contributions to tax law and policy regarding small business, and evaluates Canadian experience with the taxation of private companies and their shareholders in light of Professor Freedman’s work. Part II summarizes Professor Freedman’s main conclusions regarding the taxation of small business, addressing both the taxation of similar economic activities conducted through different legal forms and the rationale and …
The Known Unknowns Of The Business Tax Reforms Proposed In The House Republican Blueprint, Michael J. Graetz
The Known Unknowns Of The Business Tax Reforms Proposed In The House Republican Blueprint, Michael J. Graetz
Faculty Scholarship
In 2002, referring to Iraq and its relationship to terrorism, Donald Rumsfeld declared "that there are known knowns, there are things we know we know. We also know that there are known-unknowns, that is to say we know there are some things that we do not know, but there are also unknown-unknowns – the ones that we don't know we don't know."
Border Adjustments And The Conservation Of Tax Planning, David M. Schizer
Border Adjustments And The Conservation Of Tax Planning, David M. Schizer
Faculty Scholarship
This article is based on Schizer’s keynote address at the 17th annual NYU-KPMG Tax Symposium on March 10.
In this article, Schizer argues that U.S. corporate and shareholder taxes need to be reformed, and the corporate rate should be much lower. In reforming this dysfunctional regime, according to Schizer, Congress should keep both of these taxes as a form of built-in redundancy; if one tax is avoided, the other can still be collected. More generally, Congress should be wary of Utopian solutions. Tax reform is more likely to change tax planning than to eliminate it entirely, Schizer concludes. For instance, …
Home-Country Effects Of Corporate Inversions, Omri Y. Marian
Home-Country Effects Of Corporate Inversions, Omri Y. Marian
UF Law Faculty Publications
This Article develops a framework for the study of the unique effects of corporate inversions (meaning, a change in corporate residence for tax purposes) in the jurisdictions from which corporations invert ("home jurisdictions"). Currently, empirical literature on corporate inversions overstates its policy implications. It is frequently argued that in response to an uncompetitive tax environment, corporations may relocate their headquarters for tax purposes, which, in turn, may result in the loss of positive economic attributes in the home jurisdiction (such as capital expenditures, research and development activity, and high-quality jobs). The association of tax-residence relocation with the dislocation of meaningful …
A Comparison Of Partnership And S Corporation Exit Transactions, Mark J. Silverman, Aaron P. Nocjar
A Comparison Of Partnership And S Corporation Exit Transactions, Mark J. Silverman, Aaron P. Nocjar
William & Mary Annual Tax Conference
No abstract provided.
Tax Strategies And Key Tax Issues In Selling A Business, Part 2, Robert G. Mcelroy
Tax Strategies And Key Tax Issues In Selling A Business, Part 2, Robert G. Mcelroy
William & Mary Annual Tax Conference
No abstract provided.
Tax Strategies And Key Tax Issues In Selling A Business, Part 1, L. Michael Gracik Jr.
Tax Strategies And Key Tax Issues In Selling A Business, Part 1, L. Michael Gracik Jr.
William & Mary Annual Tax Conference
No abstract provided.
Using - And Not Losing - Tax Losses, Part 1: Protecting Tax Losses From A Section 382 Ownership Change (Slides), Mark C. Van Deusen
Using - And Not Losing - Tax Losses, Part 1: Protecting Tax Losses From A Section 382 Ownership Change (Slides), Mark C. Van Deusen
William & Mary Annual Tax Conference
No abstract provided.
Using - And Not Losing - Tax Losses, Part 2 (Slides), Steven M. Friedman
Using - And Not Losing - Tax Losses, Part 2 (Slides), Steven M. Friedman
William & Mary Annual Tax Conference
No abstract provided.
Recent Developments In Federal Income Taxation, Ira B. Shepard
Recent Developments In Federal Income Taxation, Ira B. Shepard
William & Mary Annual Tax Conference
This recent developments outline discusses, and provides context to understand the significance of, the most important judicial decisions and administrative rulings and regulations promulgated by the Internal Revenue Service and Treasury Department during the most recent twelve months - and sometimes a little farther back in time if we find the item particularly humorous or outrageous. Most Treasury Regulations, however, are so complex that they cannot be discussed in detail and, anyway, only a devout masochist would read them all the way through; just the basic topic and Jundamental principles are highlighted - unless one of us decides to go …
A Primer On Protecting Tax Losses From A Section 382 Ownership Change, Mark C. Van Deusen
A Primer On Protecting Tax Losses From A Section 382 Ownership Change, Mark C. Van Deusen
William & Mary Annual Tax Conference
No abstract provided.
The Changing Landscape Of Tax Administration: Hot Topics Of Irs Audits Of Partnerships And S Corporations (Slides), Robert D. Schachat, Deborah M. Nolan
The Changing Landscape Of Tax Administration: Hot Topics Of Irs Audits Of Partnerships And S Corporations (Slides), Robert D. Schachat, Deborah M. Nolan
William & Mary Annual Tax Conference
No abstract provided.
Making Chicken Salad - Monetizing Tax Losses (Slides), Steven M. Friedman, Glenn M. Johnson
Making Chicken Salad - Monetizing Tax Losses (Slides), Steven M. Friedman, Glenn M. Johnson
William & Mary Annual Tax Conference
No abstract provided.
Debt Workouts For Partnerships And S Corporations (Slides), Peter J. Genz
Debt Workouts For Partnerships And S Corporations (Slides), Peter J. Genz
William & Mary Annual Tax Conference
No abstract provided.
S Corporations Redemptions And Divisions, Farhad Aghdami
S Corporations Redemptions And Divisions, Farhad Aghdami
William & Mary Annual Tax Conference
No abstract provided.
Comparison Of S Corporations And Llcs, Stefan F. Tucker
Comparison Of S Corporations And Llcs, Stefan F. Tucker
William & Mary Annual Tax Conference
No abstract provided.
Partnership Tax Allocation Provisions, Brian J. O'Connor
Partnership Tax Allocation Provisions, Brian J. O'Connor
William & Mary Annual Tax Conference
No abstract provided.
Tax Considerations Of Transfers To And Distributions From The C Or S Corporation, C. Wells Hall Iii
Tax Considerations Of Transfers To And Distributions From The C Or S Corporation, C. Wells Hall Iii
William & Mary Annual Tax Conference
No abstract provided.
Involuntary Conversions I.R.C. Section 1033, R Braxton Hill Iii
Involuntary Conversions I.R.C. Section 1033, R Braxton Hill Iii
William & Mary Annual Tax Conference
No abstract provided.
Learning To Live With An Imperfect Tax: A Defence Of The Corporate Tax, Kim Brooks
Learning To Live With An Imperfect Tax: A Defence Of The Corporate Tax, Kim Brooks
Articles, Book Chapters, & Popular Press
Following an introduction, the paper is divided into two parts followed by a conclusion. Part II reviews a number of objectives of the corporate tax, arguing that they should carry more weight as arguments in favour of the corporate tax than they are often attributed. Furthermore, while it is conceded that the corporate tax is a second or even an nth best tax for achieving these objectives, there are simply no administratively feasible or politically acceptable alternatives to it. The arguments reviewed in the paper are as follows. First, by taxing income from capital, the corporate tax increases the comprehensiveness, …
Impact Of Sales And Use Taxes On Corporate Transactions, Peter L. Faber
Impact Of Sales And Use Taxes On Corporate Transactions, Peter L. Faber
William & Mary Annual Tax Conference
No abstract provided.
Compliance Provisions Of Tax Equity And Fiscal Responsibility Act (Tefra), Charles Roddy
Compliance Provisions Of Tax Equity And Fiscal Responsibility Act (Tefra), Charles Roddy
William & Mary Annual Tax Conference
No abstract provided.
The Future Of Personal Service Corporations: Is There Life After Tefra?, Converse Murdoch
The Future Of Personal Service Corporations: Is There Life After Tefra?, Converse Murdoch
William & Mary Annual Tax Conference
No abstract provided.
Tefra: Purchase And Sale Of A Corporate Business, Martin D. Ginsburg
Tefra: Purchase And Sale Of A Corporate Business, Martin D. Ginsburg
William & Mary Annual Tax Conference
No abstract provided.
State Income Taxation Of Multijurisdictional Corporations, Part Ii: Reflections On Asarco And Woolworth, Walter Hellerstein
State Income Taxation Of Multijurisdictional Corporations, Part Ii: Reflections On Asarco And Woolworth, Walter Hellerstein
Scholarly Works
The first part of this Article, State Income Taxation of Multiurisdictional Corporations: Reflections on Mobil, Exxon, and H A 5076, did not contemplate a sequel. The Supreme Court's decisions last term in two state corporate income tax cases, however, created an irresistible opportunity to write one. The Court's opinions in ASARC0 and Woolworth picked up where its opinions in Mobil and Exxon left off. Yet the direction taken by these more recent decisions veers sharply from the course ostensibly set by their predecessors. This Article will consider the Court's latest pronouncements in this area in a continuing if quixotic effort …
State Income Taxation Of Multijurisdictional Corporations: Reflections On Mobil, Exxon, And H.R. 5076, Walter Hellerstein
State Income Taxation Of Multijurisdictional Corporations: Reflections On Mobil, Exxon, And H.R. 5076, Walter Hellerstein
Scholarly Works
The state tax field is enjoying a renaissance of sorts. The Supreme Court has displayed a renewed interest in the area, handing down an unusual number of significant decisions addressed to the constitutional restraints on state tax power. State courts have exhibited a similar revival of interest in these problems through an out-pouring of uncharacteristically thoughtful opinions concerning state taxation of multistate and multinational enterprise. Congress, whose concern with state taxation of interstate and foreign commerce has been sporadic, is again considering legislation that would limit state taxing authority in these domains.
Even the executive branch, which seldom intervenes in …