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Full-Text Articles in Law
No Thanks, Uncle Sam, You Can Keep Your Tax Break, James Edward Maule
No Thanks, Uncle Sam, You Can Keep Your Tax Break, James Edward Maule
James Edward Maule
This article addresses the question of whether income tax deductions are mandatory, or may be waived by the taxpayer when doing so generates a tax or non-tax benefit. What little authority exists suggests that deductions are optional except in two specific instances related to the computation of net earnings from self-employment. The increasing number of taxpayers subject to the alternative minimum tax, the amount of which can be reduced in many instances by foregoing deductions, makes it very likely that the question will reach the courts in the near future. This article concludes that aside from the two specific instances …
Editorial, Federal Tax Reform Has Gone By The Wayside, Michael Hussey
Editorial, Federal Tax Reform Has Gone By The Wayside, Michael Hussey
Michael Hussey
No abstract provided.
Irs Audits And Appeals, Emily A. Parker, Robert D. Probasco
Irs Audits And Appeals, Emily A. Parker, Robert D. Probasco
Robert Probasco
No abstract provided.
Irs Audits And Appeals, Robert D. Probasco
Substance Over Form? Phantom Regulations And The Internal Revenue Code, Amandeep S. Grewal
Substance Over Form? Phantom Regulations And The Internal Revenue Code, Amandeep S. Grewal
Andy Grewal
What happens when Congress commands the Secretary of an administrative agency to issue regulations, but the Secretary fails to act?
In most areas of the law, the answer is obvious: a party aggrieved by the Secretary's delay should file a suit (under 5 U.S.C. 706 or a similar provision) asking a court to compel the Secretary to issue regulations.
In the tax area, however, a different pattern has emerged. When Congress enacts a statute commanding the Secretary of the Treasury to act, the courts generally have not bothered to issue an order compelling him to do so. Rather, the reviewing …
Selective Waiver And The Tax Practitioner Privilege, Amandeep S. Grewal
Selective Waiver And The Tax Practitioner Privilege, Amandeep S. Grewal
Andy Grewal
Congress blundered badly by defining the federally authorized tax practitioner privilege by cross-reference to the attorney-client privilege. The relationship between a client and a FATP is wholly different from that between a client and an attorney, and the application of attorney-client principles to the FATP privilege has given rise to confused judicial opinions. This report attempts to stem the confusion with respect to one aspect of the FATP privilege. The proper application of the selective waiver doctrine to the FATP privilege remains an open question, though courts seem poised to reject it. They have rejected it numerous times in the …
Has Congress Stopped Executives From Raiding The Bank? A Critical Analysis Of I.R.C. §409a, Michael Hussey
Has Congress Stopped Executives From Raiding The Bank? A Critical Analysis Of I.R.C. §409a, Michael Hussey
Michael Hussey
Working For Free: It Ought To Be Against The (Tax) Law, Richard Winchester
Working For Free: It Ought To Be Against The (Tax) Law, Richard Winchester
Richard Winchester
Employment taxes account for an enormous share of federal tax receipts. And it is widely acknowledged that taxes on the self-employed are collected under a dysfunctional set of laws that is long overdue for repair. Yet, there is surprisingly little legal scholarship in the field. This article fills a portion of that gap. It examines some fundamental flaws that plague our nation’s employment tax laws, focusing on how President Bush’s dividend tax cut created an incentive for wealthy individuals to exploit those flaws at the government’s expense when they work for a corporation that they also own and control. Specifically, …