Law Commons^™

Replacing The Federal Income Tax With A Postpaid Consumption Tax: Preliminary Thoughts Regarding A Government Matching Program For Wealthy Investors And A New Tax Policy Lens, J. Clifton Fleming Jr.

Faculty Scholarship

In recent years, proposals have been made to replace the federal income tax with a postpaid consumption tax - that is, a federal value added tax ("VAT"), a federal retail sales tax ("RST"), or a federal cash-flow (consumed income) tax. Because these taxes can be constructed so that they are indistinguishable at the level of the ultimate consumer in terms of their principal effects, and because a prominent recent proposal is the RST approach, I have written this article in terms of an RST/income tax comparison. The analysis, however, would be mostly the same if the income tax was compared …

Surviving Irs Examinations And Appeals, Emily A. Parker, Robert D. Probasco

Faculty Scholarship

This article summarizes the statutory, regulatory and administrative rules and procedures that apply to IRS civil tax examinations and Appeals proceedings, including alternative dispute resolution procedures. The focus of this paper is on field examinations, rather than service center examinations, correspondence examinations, or office examinations. In addition, it attempts to answer some of the basic questions that taxpayers often ask their advisors and representatives when they are the subject of an IRS civil tax examination:

• Why was I selected by the IRS for audit?
• How long will this audit take?
• Why do the agents want all this information, documents, data, …

The Federal Definition Of Tax Partnership, Bradley T. Borden

Faculty Scholarship

No abstract provided.

Encouraging Corporate Charity , Linda Sugin

Faculty Scholarship

The tax law governing corporate philanthropy is stuck in an archaic notion of corporate charity that does not necessarily benefit either charities or corporate stakeholders. Four developments in the last few years provoked this reexamination of the Internal Revenue Code and its awkward dichotomy between business expenses and charitable contributions. They offer new reasons for replacing the charitable contribution deduction for corporations with a business expense deduction: (1) a statutory reduction in the rate of tax on dividends received by individual shareholders, (2) empirical evidence showing very low effective tax rates paid by corporations, (3) death of the preeminent model …

The Sometimes-Taxation Of The Returns To Risk-Bearing Under A Progressive Income Tax, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.

Remapping The Charitable Deduction, David Pozen

Faculty Scholarship

If charity begins at home, scholarship on the charitable deduction has stayed at home. In the vast legal literature, few authors have engaged the distinction between charitable contributions that are meant to be used within the United States and charitable contributions that are meant to be used abroad. Yet these two types of contributions are treated very differently in the Code and raise very different policy issues. As Americans' giving patterns and the U.S. nonprofit sector grow increasingly international, the distinction will only become more salient.

This Article offers the first exploration of how theories of the charitable deduction apply …