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Full-Text Articles in Tax Law

Contribution Of A Built-In Loss To A Partnership, Douglas A. Kahn Jul 2012

Contribution Of A Built-In Loss To A Partnership, Douglas A. Kahn

Articles

Before 2004, it was possible to use the partnership tax provisions of the code to shift the benefit ofa loss deduction for a decline in property valuefrom the person who incurred it to another person.One method of accomplishing that goal involvedthe contribution of depreciated property to a partnership.


Contributor, Cassady V. Brewer Jan 2012

Contributor, Cassady V. Brewer

Faculty Publications By Year

No abstract provided.


Political Hot Potato: How Closing Loopholes Can Get Policymakers Cooked, Stephanie Mcmahon Jan 2012

Political Hot Potato: How Closing Loopholes Can Get Policymakers Cooked, Stephanie Mcmahon

Faculty Articles and Other Publications

Loopholes in the law are weaknesses that allow the law to be circumvented. Once created, they prove hard to eliminate. Acase study of the evolving tax unit used in the federal income tax explores policymakers' response to loopholes. The1913 income tax created an opportunity for wealthy married couples to shift ownership of family income between spouses, then to file separately, and, as a result, to reduce their collective taxes. In 1948, Congress closed this loophole by extending the income-splitting benefit to all married taxpayers filing jointly. Congress acted only after the federal judiciary and Treasury Department pleaded for congressional …


Lgbt Taxpayers: A Collision Of 'Others', Anthony C. Infanti Jan 2012

Lgbt Taxpayers: A Collision Of 'Others', Anthony C. Infanti

Articles

In this essay prepared for a symposium on the intersection of tax law with gender and sexuality, I explore the violent collision of these two concepts - or, more appropriately, these two “others.” I begin my exploration of this collision of “others” by first explaining how the lesbian, gay, bisexual, and transgender (LGBT) community is a marginalized “other” in American society while, in contrast, tax is a privileged “other” in the realm of American law. Then, I turn to a close examination of a recent case, O’Donnabhain v. Commissioner, to illustrate the collision of the otherness of LGBT individuals with …