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Articles 1 - 29 of 29
Full-Text Articles in Tax Law
Tax Complexity And Technology, David I. Walker
Tax Complexity And Technology, David I. Walker
Indiana Law Journal
The Federal Income Tax Code has become increasingly complex over time with the implication that many taxpayers no longer understand the connection between their life decisions and their taxes. Some commentators have suggested that increasing computational complexity may be attributable in part to the proliferation of tax preparation software that renders such complexity manageable at filing time, but otherwise does nothing to mitigate the “black box” nature of the tax system. While such complexity and opacity undercut explicit incentives embedded in the Code, make planning more difficult, and undermine political accountability for taxes, they may also reduce the inefficient distortion …
Why A Federal Wealth Tax Is Constitutional, Ari Glogower, David Gamage, Kitty Richards
Why A Federal Wealth Tax Is Constitutional, Ari Glogower, David Gamage, Kitty Richards
Articles by Maurer Faculty
The 2020 Democratic presidential primaries brought national attention to a new direction for the tax system: a federal wealth tax for the wealthiest taxpayers. During their campaigns, Senators Elizabeth Warren (D-MA) and Bernie Sanders (I-VT) both introduced proposals to tax the wealth of multimillionaires and billionaires, and to use the revenue for public investments, including in health care and education. These reforms generated broad public support—even among many Republicans—and broadened the conversation over the future of progressive tax reform.
A well-designed, high-end wealth tax can level the playing field in an unequal society and promote shared economic prosperity.
Critics have …
Mandatory Tax Penalty Insurance, Michael Abramowicz
Mandatory Tax Penalty Insurance, Michael Abramowicz
Indiana Law Journal
In a mandatory tax penalty insurance regime, taxpayers would be required to find insurers to certify portions of their tax returns. A certifying insurer would be subject to a governmental auditing regime insurers of randomly selected filings would pay an amount equal to the inverse of the selection probability multiplied by the underpayment, or they would receive money from the government in the case of overpayment. The insurers function as private auditors with no incentive to underestimate their customers' tax liability. Such a regime will consume real resources, ultimately paid by taxpayers, and thus should not be imposed universally. But …
Reforming State Corporate Income Taxes Can Yield Billions, Darien Shanske, Reuven S. Avi-Yonah, David Gamage
Reforming State Corporate Income Taxes Can Yield Billions, Darien Shanske, Reuven S. Avi-Yonah, David Gamage
Articles by Maurer Faculty
The federal government should be providing states and localities with hundreds of billions of dollars in aid. The arguments against such aid, including the claim that the states have somehow been profligate, do not stand up to scrutiny. Nevertheless, it seems unlikely that the federal government will do enough, and it is already the case that the federal government is acting too slowly. States and local governments, which generally operate under balanced budget constraints, are, accordingly, already making sweeping cuts4 that will deepen the recession and reduce services when they are most needed.
Rather than make these cuts, it would …
A Georgist Perspective Of Petroleum Taxation, Joseph Leeson
A Georgist Perspective Of Petroleum Taxation, Joseph Leeson
Indiana Journal of Global Legal Studies
Over a century ago, the town of Arden, Delaware, was founded on a unique single-tax-community system that radically altered the popular concept of land ownership. This system was premised on concepts developed by a man few know today but who was a major figure in economics during the 1800s, Henry George. George's public finance theory has been described as having received "intermittent attention over the years, with many eminent names in economics making at least a passing comment, but it has seen comparably little action in the policy debate arena and has been largely ignored by the modern era of …
Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill
Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill
Indiana Law Journal
Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous; …
Afterlife Of The Death Tax, Samuel D. Brunson
Afterlife Of The Death Tax, Samuel D. Brunson
Indiana Law Journal
More than a century ago, Congress enacted the modern estate tax to help pay for World War I. Unlike previous iterations of the estate tax, though, this one outlived the war and accumulated additional goals beyond merely raising revenue. The estate tax helped ensure the progressivity of the tax system as a whole, and it limited the hereditary ability to accumulate wealth.
This modern estate tax almost instantly met with opposition, though. The opposition has never been sufficient to entirely eliminate the estate tax, but it has severely weakened its ability to raise revenue and to prevent the accumulation of …
Reducing Information Gaps To Reduce The Tax Gap: When Is Information Reporting Warranted?, Leandra Lederman
Reducing Information Gaps To Reduce The Tax Gap: When Is Information Reporting Warranted?, Leandra Lederman
Articles by Maurer Faculty
A core problem for enforcement of tax laws is asymmetric information. The taxpayer knows the facts regarding the relevant transactions it engages in during the year-or at least has ready access to that information. The government is forced to play catch-up, obtaining that information either from the taxpayer or from third parties. Information reporting is routinely used to address this information gap. The government obtains information about the taxpayer's tax situation from a third party and-equally important-the taxpayer knows that the government has received that information. This fosters taxpayer honesty. Information reporting is not a panacea, however. It imposes costs …
The Death Of The Income Tax (Or, The Rise Of America’S Universal Wage Tax), Edward J. Mccaffery
The Death Of The Income Tax (Or, The Rise Of America’S Universal Wage Tax), Edward J. Mccaffery
Indiana Law Journal
The killing of the income tax has not been open and notorious: such is not the style of contemporary politics. As with other markers of progressive social policy—the promises of universal health care, Obamacare, come to mind6—the income tax is dying a death by stealth, albeit stealth played out in plain view. The plot lines of the tragedy are apparent. The individual “income” tax has been split in two. One tax, for the masses, is a simple, increasingly formless wage tax. This wage/income tax adds higher brackets onto the payroll tax, the model toward which the wage/income tax aims, to …
The New Rollover Rules And Twenty Percent Withholding Tax On Pension Distributions: Does Good Pension Policy Favor Their Repeal?, Leandra Lederman
The New Rollover Rules And Twenty Percent Withholding Tax On Pension Distributions: Does Good Pension Policy Favor Their Repeal?, Leandra Lederman
Articles by Maurer Faculty
No abstract provided.
Income Taxation Of Estates And Trusts-Gifts Of Specific Property, William R. Pietz
Income Taxation Of Estates And Trusts-Gifts Of Specific Property, William R. Pietz
Indiana Law Journal
No abstract provided.
Estate Tax Application To The Gifts To Minors Act, William C. Reynolds
Estate Tax Application To The Gifts To Minors Act, William C. Reynolds
Indiana Law Journal
No abstract provided.
Federal Estate Tax--Inter Vivios--Transfers Under Sections 2035-38-Taxation Of Income Earned Between Transfer And Death
Indiana Law Journal
No abstract provided.
The Estate Tax Marital Deduction-Revenue Procedure 64-19
The Estate Tax Marital Deduction-Revenue Procedure 64-19
Indiana Law Journal
No abstract provided.
Inequities In Corporate Payments To Widows
Tax Management Of Estates And Trusts, By Practising Law Institute, Merle H. Miller
Tax Management Of Estates And Trusts, By Practising Law Institute, Merle H. Miller
Indiana Law Journal
No abstract provided.
Death And Taxes-Code Section 126 And The Developing Taxable Income Concept
Death And Taxes-Code Section 126 And The Developing Taxable Income Concept
Indiana Law Journal
No abstract provided.
What You Should Know About Estate And Gift Taxes, By J.K. Lasser, Phillip Z. Leighton
What You Should Know About Estate And Gift Taxes, By J.K. Lasser, Phillip Z. Leighton
Indiana Law Journal
No abstract provided.
Tax Problems Of Revocable Trusts, Byron E. Bronston
Tax Problems Of Revocable Trusts, Byron E. Bronston
Articles by Maurer Faculty
No abstract provided.
Transfers Intended To Take Effect At Or After Death
Transfers Intended To Take Effect At Or After Death
Indiana Law Journal
Recent Cases: Taxation
Gift Taxability Of Divorce Settlements
Valuation Of Future Interests For Federal Tax Purposes
Valuation Of Future Interests For Federal Tax Purposes
Indiana Law Journal
Notes and Comments: Taxation
Taxation-Tax Status Of Will Contestants-Influence Of State Law On The Interpretation Of Federal Tax Statutes
Indiana Law Journal
No abstract provided.
Taxation-Estate Tax-Gift In Contemplation Of Death
Taxation-Estate Tax-Gift In Contemplation Of Death
Indiana Law Journal
No abstract provided.
Taxation-Jurisdiction To Tax Trust Property-The Trust Device As An Instrumentality For Avoiding Taxation
Indiana Law Journal
No abstract provided.
Final Determination Of Domicil In The United States, Fowler V. Harper
Final Determination Of Domicil In The United States, Fowler V. Harper
Indiana Law Journal
Reprinted from Pennsylvania Bar Quarterly, April, 1934
The Theory And Practice Of Modern Taxation, By William R. Green, Robert C. Brown
The Theory And Practice Of Modern Taxation, By William R. Green, Robert C. Brown
Indiana Law Journal
No abstract provided.
Taxation-Inheritance Tax, Intangible Property-Due Process Of Law
Taxation-Inheritance Tax, Intangible Property-Due Process Of Law
Indiana Law Journal
No abstract provided.
Taxation-Due Process-Gifts In Contemplation Of Death
Taxation-Due Process-Gifts In Contemplation Of Death
Indiana Law Journal
No abstract provided.