Law Commons^™

Back To The 1930s? The Shaky Case For Exempting Dividends, Reuven S. Avi-Yonah

Articles

This article is based in part on the author’s U.S. Branch Report for Subject I of the 2003 Annual Congress of the International Fiscal Association, to be held next year in Sydney, Australia (forthcoming in Cahiers de droit fiscal international, 2003). He would like to thank Emil Sunley for his helpful comments on that earlier version, and Steve Bank, Michael Barr, David Bradford, Michael Graetz, and David Hasen for comments on this version. Special thanks are due to Yoram Keinan for his meticulous work on the EU regimes (see Appendix). All errors are the author’s. In this report, Prof. Avi-Yonah …

Income Tax Planning For Long-Term Care, David M. English

Faculty Publications

Planning for long-term involves more than the preparation of powers of attorney and counseling on possible asset transfers to qualify for Medicaid reimbursement. Steps should also be taken to make certain that the person receiving care continues to file an income tax return and does so at a minimum possible income tax cost. Practitioners should be familiar with the procedure for filing a return on behalf of an incapacitated individual. The medical expense deduction, while of little importance for most taxpayers, is critical for many elderly, particularly for those receiving long-term care. Long-term care insurance and life insurance may be …

For Haven's Sake: Reflections On Inversion Transactions, Reuven S. Avi-Yonah

Articles

This article discusses “inversion” transactions, in which a publicly traded U.S. corporation becomes a subsidiary of a newly established tax haven parent corporation. In the last three years, an increasing number of these transactions have been taking place, undeterred by the shareholderlevel tax imposed by the IRS on them in 1994. The article first discusses the reasons for the increasing popularity of the transactions and the tax goals they aim at achieving (primarily avoiding subpart F and U.S. earnings stripping). The article then discusses the tax policy implications of these transactions. In the short run, the article suggests that the …

Religiously-Based Social Security Exemptions: Who Is Eligible, How Did They Develop, And Are The Exemptions Consistent With The Religion Clauses And The Religious Freedom Restoration Act (Rfra)?, James Glenn Harwood

Akron Tax Journal

There are parallels to this biblical example in the current regime of religiously-based social security exemptions. Ministers, members of religious orders, Christian Science practitioners and members of certain religious faiths may receive an exemption from social security taxes based on a religious or conscientious objection. This article will first review the current law granting exemption for these groups. It will next review the historical development of these exemptions in light of the overall expansion of the social security program to show the ad hoc approach Congress took in granting these religiously-based exemptions. It will then analyze the constitutionality of the …

Dana Corporation V. United States: The Deductibility Of Legal Retainer Fees Used To Acquire A Corporation, Alexander F. Kennedy

Akron Tax Journal

This Note discusses the Federal Circuit's holding in Dana Corp. Part II details the important history of the deductibility of legal fees leading up to Dana Corp. Part III provides the factual background of Dana Corp. Part IV explains the court's reasoning in Dana Corp. Part V analyzes the court's holding in Dana Corp. and explains why it is ultimately correct.

Taxation Of U.S. Athletes Playing In Foreign Countries, Carole C. Berry

Marquette Sports Law Review

No abstract provided.

An Extended Presence, Interstate Style: First Notes On A Theme From Saenz, Bernard E. Jacob

Hofstra Law Review

No abstract provided.

Contingent Fee Agreements & Tax Liability: An Opportunity For Change, William H. Baker

Santa Clara Law Review

No abstract provided.

(How) Should Trade Agreements Deal With Income Tax Issues?, Joel Slemrod, Reuven S. Avi-Yonah

Articles

What is the relationship between the international tax regime, as embodied in bilateral international tax treaties, and multilateral free trade agreements like the General Agreement on Tariffs and Trade (GATr)?' Are their fundamental goals consistent or inconsistent? If they are inconsistent, should the tax treaties or the GATT be changed to remedy the inconsistency? If they are consistent, should the scope of either be expanded to include the other?

100 Million Unnecessary Returns: A Fresh Start For The U.S. Tax System, Michael J. Graetz

Faculty Scholarship

We are now in a quiet interlude awaiting the next serious political debate over the nation's tax system. No fundamental tax policy concerns were at stake in the 2002 disputes over economic stimulus or the political huffing and puffing about postponing or accelerating the income tax rate cuts of the 2001 Act. Those arguments were concerned principally with positioning Democratic and Republican candidates for the 2002 congressional election, not tax policy.

But the coming decade, with its paint-by-numbers phase-ins and phaseouts of 2001 Act tax changes, the tax cuts waiting to spring into effect, and the sunset of the entire …

Questioning How The Bankruptcy Priority Scheme Treats Tax Claims Arising From The Termination Of Overfunded Pension Plans, Michael J. Cohen

Fordham Law Review

No abstract provided.

The Case For The Taxpaying Good Samaritan: Deducting Earmarked Transfers To Charity Under Federal Income Tax Law, Theory And Policy, Johnny Rex Buckles

Fordham Law Review

No abstract provided.

Why Tax The Rich? Efficiency, Equity, And Progressive Taxation, Reuven S. Avi-Yonah

Reviews

In Greek mythology, Atlas was a giant who carried the world on his shoulders. In Ayn Rand’s 1957 novel Atlas Shrugged, Atlas represents the “ prime movers”—the talented few who bear the weight of the world’s economy.1 In the novel, the prime movers go on strike against the oppressive burden of excessive regulation and taxation, leaving the world in disarray and demonstrating how indispensable they are to the rest of us (the “second handers” ).

Developments In The Fields Of Accounting And Tax, Robert Willens

University of Miami Business Law Review

No abstract provided.

Erwin Griswold's Tax Law – And Ours, Michael J. Graetz

Faculty Scholarship

It is a pleasure for me to be here today to deliver the Erwin N. Griswold Lecture. And it is an honor to follow those who have graced this lectern before me. They include important mentors to me. Several are close friends. Today, we are in a quiet interlude awaiting the next serious political debate about restructuring the nation's tax system. No fundamental tax policy concerns are at stake in the current disputes over economic stimulus or in the political huffing and puffing about postponing or accelerating the income tax rate cuts of the 2001 Act. Those arguments are concerned …