Open Access. Powered by Scholars. Published by Universities.®

Tax Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 106

Full-Text Articles in Tax Law

Table Of Contents, Seattle University Law Review Oct 2023

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Front Matter Sep 2023

Front Matter

ACTEC Law Journal

No abstract provided.


Incorporating Social Justice And Environmental Sustainability Into Estate Planning Through Conservation Easements, Trace Brooks Sep 2023

Incorporating Social Justice And Environmental Sustainability Into Estate Planning Through Conservation Easements, Trace Brooks

ACTEC Law Journal

As climate change and social inequalities become increasingly pressing issues, estate planning has emerged as a powerful tool for promoting both social justice and environmental sustainability. This article explores the intersection of estate planning, private land conservation, social justice, and environmental sustainability.


Marvin Claims At Death, Patricia A. Cain Sep 2023

Marvin Claims At Death, Patricia A. Cain

ACTEC Law Journal

In 1976, the California Supreme Court handed down its decision in Marvin v. Marvin, recognizing the enforcement of contract and equitable claims that could be asserted when an unmarried partnership was dissolved. Most states have followed the basic holding in Marvin, although important differences in state law have developed over time. Recently, the Uniform Law Commission has approved a uniform act dealing with these issues, the Uniform Cohabitants' Economic Remedies Act (UCERA). This essay will focus, instead, on claims to Marvin rights that are asserted after the death of one partner, typically in probate court.


How Gender And Other Identity Factors Influence Attitudes Toward Will Making: Lessons From Australia, Bridget J. Crawford, Tina Cockburn, Kelly Purser, Ho Fai Chan, Stephen Whyte, Uwe Dulleck Sep 2023

How Gender And Other Identity Factors Influence Attitudes Toward Will Making: Lessons From Australia, Bridget J. Crawford, Tina Cockburn, Kelly Purser, Ho Fai Chan, Stephen Whyte, Uwe Dulleck

ACTEC Law Journal

This essay aims to stimulate interest in further empirical study of attitudes toward will making by reporting the results of a 2022 survey conducted in Australia of the general population (n=1202) and legal professionals (n=112). We asked participants for their views about the ideal age at which to begin the will-making process and the relative contributions of the client and attorney to any resulting will. There was a discernible gender-based difference in views on both questions. Women preferred to initiate those conversations approximately six years earlier than men did and, especially at earlier life stages, preferred less professional input into …


A Critical Analysis Of The Law Of Death, Marriage, And Wealth, Alyssa A. Dirusso Sep 2023

A Critical Analysis Of The Law Of Death, Marriage, And Wealth, Alyssa A. Dirusso

ACTEC Law Journal

No abstract provided.


Is Estate Planning Ethical In An Increasingly Inequitable World?, Harry S. Margolis Sep 2023

Is Estate Planning Ethical In An Increasingly Inequitable World?, Harry S. Margolis

ACTEC Law Journal

No abstract provided.


When Twilight Becomes Darkness: Capacity Issues In Connection With Revocable Trusts, Sergio Pareja Sep 2023

When Twilight Becomes Darkness: Capacity Issues In Connection With Revocable Trusts, Sergio Pareja

ACTEC Law Journal

No abstract provided.


The Haunting Of Wealth Law, Allison Tait Sep 2023

The Haunting Of Wealth Law, Allison Tait

ACTEC Law Journal

No abstract provided.


Heirs Property: An Examination Of Probate Costs And The Costs Of Postmortem Probate Inaction, Reid Kress Weisbord Sep 2023

Heirs Property: An Examination Of Probate Costs And The Costs Of Postmortem Probate Inaction, Reid Kress Weisbord

ACTEC Law Journal

“Heirs property” describes a legal limbo that occurs when multiple heirs or will beneficiaries inherit real property as tenants-in-common without promptly probating the estate to transfer marketable title out of the decedent’s name. This Article draws on recent empirical research to examine the demography of heirs property. It then takes a closer look at the adverse economic impact of postmortem probate inaction by and upon the decedent’s inheritors.


Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley Aug 2023

Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley

DePaul Business & Commercial Law Journal

No abstract provided.


Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom Aug 2023

Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom

DePaul Business & Commercial Law Journal

No abstract provided.


Welcome Address, Lauren Mckenzie Aug 2023

Welcome Address, Lauren Mckenzie

DePaul Business & Commercial Law Journal

No abstract provided.


Front Matter Aug 2023

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.


The Problem Of Charitable Trust Enforcement: Addressing The Insufficiencies Of The Attorney General System And Proposing New Reform, Morgan Wahler Jun 2023

The Problem Of Charitable Trust Enforcement: Addressing The Insufficiencies Of The Attorney General System And Proposing New Reform, Morgan Wahler

ACTEC Law Journal

No abstract provided.


An Historical And Empirical Analysis Of The Cyprès Doctrine, Christopher J. Ryan Jun 2023

An Historical And Empirical Analysis Of The Cyprès Doctrine, Christopher J. Ryan

ACTEC Law Journal

Cy près is a pivotal doctrine in estate law and indeed American jurisprudence. It places courts in the shoes of settlors of charitable trusts to discern not only their original intent but also affords the possibility of continuing the material purpose for which settlors created enduring legacies of philanthropy benefitting society. For this reason, it may well be that no other legal doctrine is as closely tied to the interests of the individual and the collective as cy près. And my first-of-its kind study puts the cy-près doctrine front and center, while providing three major contributions to the field. First, …


Front Matter Jun 2023

Front Matter

ACTEC Law Journal

No abstract provided.


The Calling Of The Counselor In Counseling Families, Part 2, Ronald D. Aucutt Jun 2023

The Calling Of The Counselor In Counseling Families, Part 2, Ronald D. Aucutt

ACTEC Law Journal

No abstract provided.


Proposing A Model Antilapse Clause, Raymond C. O'Brien Jun 2023

Proposing A Model Antilapse Clause, Raymond C. O'Brien

ACTEC Law Journal

The complexity of state antilapse statutes exacerbates the task of many estate planners seeking to give prudent expression to the postmortem wishes of a client. These statutes vary as to which predeceasing beneficiaries they should apply, who should be the substitute takers to benefit instead of these lapsed beneficiaries, and how to treat beneficiaries who are treated as predeceasing because of renunciation agreements, final decrees of divorce, or, when the beneficiary kills, exploits, or abuses the one from whom the beneficiary would take. Within the modern statutory framework, there exists an abundant array of testamentary devices by which a transferor …


Front Matter (Letter From The Editor, Masthead, Etc.) May 2023

Front Matter (Letter From The Editor, Masthead, Etc.)

The Contemporary Tax Journal

No abstract provided.


Sjsu Mst Information May 2023

Sjsu Mst Information

The Contemporary Tax Journal

No abstract provided.


Force Majeure & Covid-19: A Clause Changed?, Claudia Petcu Mar 2023

Force Majeure & Covid-19: A Clause Changed?, Claudia Petcu

DePaul Business & Commercial Law Journal

No abstract provided.


The Kinder, Gentler Irs? Where?, Harvey Gilmore Mar 2023

The Kinder, Gentler Irs? Where?, Harvey Gilmore

DePaul Business & Commercial Law Journal

No abstract provided.


Front Matter Mar 2023

Front Matter

ACTEC Law Journal

No abstract provided.


Death By Deduction: Section 2058 And The Decline Of State Death Taxes, Jeffrey A. Cooper Mar 2023

Death By Deduction: Section 2058 And The Decline Of State Death Taxes, Jeffrey A. Cooper

ACTEC Law Journal

This article illustrates how, and seeks to explain why, the deduction for state estate taxes (Internal Revenue Code Section 2058) seems to have had no meaningful effect on state tax policy.


Trust Alteration And The Dead Hand Paradox, Jeffrey N. Pennell, Reid Kress Weisbord Mar 2023

Trust Alteration And The Dead Hand Paradox, Jeffrey N. Pennell, Reid Kress Weisbord

ACTEC Law Journal

Trusts are popular instruments for wealth transmission because they can be crafted to suit almost any imaginable estate planning goal that is not contrary to public policy. With the abrogation of the Rule Against Perpetuities in most states, settlors may impose trust terms that will be legally enforceable for scores of future generations, if not in perpetuity. Long-term and perpetual trusts, however, present a paradox of dead hand control, because the specificity and the durability of settlor-imposed restrictions tend to be inversely related. As donative preferences become increasingly specific and restrictive, trusts become less durable with the passage of time, …


The Slayer Rule: An Empirical Examination, Fredrick E. Vars Mar 2023

The Slayer Rule: An Empirical Examination, Fredrick E. Vars

ACTEC Law Journal

This study is the first to empirically test key assumptions underlying the slayer rule. Over a thousand survey respondents answered the question “What’s fair?” or “What would the decedent want?” in twelve different scenarios. Some of the most significant conclusions are that the slayer rule should not apply to assisted suicide, killings in self-defense, or killings due to mental illness. On the other hand, the slayer rule should be expanded beyond murder in some circumstances, such as elder abuse and neglect. And the slayer rule should be converted from a mandatory rule into a default rule, which testators could opt …


Is It Time For Federal Regulation Of The Tax Preparer Industry? New Insights From Legal And Empirical Developments, Jessica A. Magaldi, Matthew Reidenbach, Jonathan S. Sales, John S. Treu Mar 2023

Is It Time For Federal Regulation Of The Tax Preparer Industry? New Insights From Legal And Empirical Developments, Jessica A. Magaldi, Matthew Reidenbach, Jonathan S. Sales, John S. Treu

Marquette Law Review

The tax preparer industry is unusual in that it involves the interpretation of an intricate and complicated tax code, but imposes no minimum requirements of competency because the industry is largely unregulated. A study by the Government Accountability Office (GAO) indicated that unregulated tax preparers commit significantly higher error rates and, based in part on that study’s findings, the Internal Revenue Service (IRS) attempted to regulate the tax preparer industry nationwide under the Registered Tax Return Preparer (RTRP) regime. This RTRP program was invalidated in Loving v. IRS, however, leaving the industry largely unregulated, except in the small minority …


The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes Feb 2023

The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes

DePaul Business & Commercial Law Journal

No abstract provided.


Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo Feb 2023

Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo

DePaul Business & Commercial Law Journal

No abstract provided.