Taxation-Federal Commons^™

Government As Investor: The Case Of Immediate Expensing, Rebecca N. Morrow

Kentucky Law Journal

For more than sixty years, tax scholars have recognized conditions under which the government ceases to be a mere taxing entity—imposing a rate of tax on a business’s profits—and through the operation of tax law becomes more like an investment partner—contributing its fair share of capital to new investments and proportionately sharing in losses as well as gains. These conditions, which are satisfied by immediate expensing policies, are now common.

The investment partner analogy has been analyzed from the perspective of a taxpayer who, as a result of partnership-like treatment, enjoys returns on investment that are effectively tax-exempt. However, far …

The Future Of The Cadillac Tax, Kathryn L. Moore

Law Faculty Scholarly Articles

The Affordable Care Act includes a 40 percent excise tax on high-cost employer-sponsored health care coverage. Often referred to as the “Cadillac tax,” this excise tax is one of the most controversial elements of the Affordable Care Act.

Currently scheduled to go into effect in 2020, the Cadillac tax poses serious challenges and uncertainty for employers. On the one hand, recent estimates suggest that the Cadillac tax may hit as many as 20 percent of employers with health care plans in 2020. On the other hand, there is a serious question as to whether the tax will be repealed before …

Electing Fairness: A Check-The-Box-Style Regime For Same-Sex Couples' Tax Filing Status, Jennifer Bird-Pollan

Law Faculty Scholarly Articles

In the wake of the United States Supreme Court's decision regarding the Defense of Marriage Act in United States v. Windsor, tax lawyers and those interested in tax policy immediately wondered what consequences this change would have to the United States' federal tax laws. The Internal Revenue Service issued a Revenue Ruling explaining the position it took regarding the case, which answered many questions for taxpayers whose lives were affected by the decision. Because the IRS announced that it would recognize same-sex marriages based on the state of celebration of the marriage rather than the state of residence of …

Giving Up Your Tax Refund To Keep It: Tax Prepayment In The Context Of The Bankruptcy Estate, C. D. Bradley

Kentucky Law Journal

No abstract provided.

Special Use Valuation Under The Internal Revenue Code: Does It Matter Now And Will It Matter In The Future?, Rusty Wade Rumley

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Federalization Of The Duty Of Loyalty Governing Charity Fiduciaries Under United States Tax Law, Johnny Rex Buckles

Kentucky Law Journal

No abstract provided.

The Federalization Of Nonprofit And Charity Law, Dana Brakman Reiser

Kentucky Law Journal

No abstract provided.

Choking Out Local Community Service Organizations: Rising Federal Tax Regulation And Its Impact On Small Nonprofit Entities, Nicole S. Dandridge

Kentucky Law Journal

No abstract provided.

Federal Regulation Of Nonprofit Board Independence: Focus On Independent Stakeholders As A "Middle Way", Benjamin Moses Leff

Kentucky Law Journal

No abstract provided.

The "Federalization" Problem And Nonprofit Self- Regulation: Some Initial Thoughts, Mark Sidel

Kentucky Law Journal

No abstract provided.

The Federalization Of Nonprofit Regulation And Its Discontents, James J. Fishman

Kentucky Law Journal

No abstract provided.

Who's Afraid Of Redistribution? An Analysis Of The Earned Income Tax Credit, Jennifer Bird-Pollan

Law Faculty Scholarly Articles

In the 2008 Presidential campaign, the American public was reminded time and again of the differences in the economic policies of the nominees: John McCain would cut taxes, and Barack Obama would raise them, although only on those earning over $250,000. In the final days of the campaign, the McCain camp accused Obama of proposing “redistribution,” and the Obama camp quickly denied that description. So why do presidential candidates run so quickly from the r-word? McCain’s senior policy advisor equated redistribution with socialism, but redistribution, in the form of the federal income tax system, is a central tenet of American …

A Diversity Theory Of Charitable Tax Exemption—Beyond Efficiency, Through Critical Race Theory, Toward Diversity, David A. Brennen

Law Faculty Scholarly Articles

What is the normative rationale for the federal income tax exemption for nonprofit charitable corporations? Even though the exemption dates back to 1894, Congress has failed to fully rationalize it. Though scholars and courts have attempted over the years to come up with a coherent rationale for the charitable tax exemption, their attempts are focused almost exclusively on economic efficiency. Thus, the charitable tax exemption is typically framed by noted tax scholars like Boris Bittker, Henry Hansmann, and others as an economically efficient means of providing certain goods and services to the public. Rationalizing the charitable tax exemption in economic …

President Bush's Personal Retirement Accounts: Saving Or Dismantling Social Security, Kathryn L. Moore

Law Faculty Scholarly Articles

President Bush has long been a proponent of investing a portion of payroll taxes in the private sector. For example, in 1999, then-Governor George Bush said to free-market crusader Stephen Moore, "I just want you to know ... that I'm really committed to these private investment accounts." In 2001, President Bush directed a 16-member bipartisan commission, the President's Commission to Strengthen Social Security, to formulate a plan for Social Security reform that included voluntary personal retirement accounts. But it was not until the beginning of his second term in office that President Bush began in earnest his crusade to fundamentally …

A Helpful And Efficient Irs: Some Simple And Powerful Suggestions, Joshua D. Rosenberg

Kentucky Law Journal

No abstract provided.

Equitable Recoupment Revisited: The Scope Of The Doctrine In Federal Tax Cases After United States V. Dalm, James E. Tierney

Kentucky Law Journal

No abstract provided.

The Hidden Tax Trap Of I.R.C. Section 6672, Stephen J. Vasek Jr.

Law Faculty Scholarly Articles

Two recent decisions of the United States Supreme Court examined section 6672 of the Internal Revenue Code. In Slodov v. United States, the Court expressed its views on the personal liability of business managers for unpaid taxes on employee wages. Discharging such liability because of the personal bankruptcy of the business manager was considered in United States v. Sotelo. The focal point of these cases—section 6672 of the Internal Revenue Code—provides for the potential liability of business managers for the employees’ share of taxes on wages (hereinafter trust fund taxes).

Although Slodov and Sotelo are helpful in understanding …

Federal Income Taxation--A Survey Of Commuting Deductions Under § 162 Of The Internal Revenue Code And The Ramifications Of United States V. Correll, Philip W. Moss

Kentucky Law Journal

No abstract provided.

Federal Income Taxation--Scholarship And Fellowship Grants--Validation Of Treasury Regulation, Leslie C. Smith

Kentucky Law Journal

No abstract provided.

Taxation Of Non-Qualified Deferred Compensation Plans, Richard S. Weinberg

Kentucky Law Journal

No abstract provided.

The Gray Fleece Of The Crimson Catt: A Primer Of Tax Nonsense, John Batt

Kentucky Law Journal

No abstract provided.

Tax Policy And Preferential Provisions In The Income Tax Base, Walter J. Blum

Kentucky Law Journal

No abstract provided.

Personal Deductions And The Federal Income Tax--Some Suggestions For Revisions, Ray Trammell

Kentucky Law Journal

No abstract provided.

Payments To Widows--Taxable Income?, Thomas L. Jones

Kentucky Law Journal

No abstract provided.

The Unwarranted Tax Discrimination Against Creators Of Copyrighted Works And Literary, Musical, Or Artistic Compositions Or Similar Properties, Linza B. Inabnit

Kentucky Law Journal

No abstract provided.

Income Tax--Liability Of A Life Insurance Beneficiary For Unpaid Income Taxes Of The Insured, John T. Bondurant

Kentucky Law Journal

No abstract provided.

Taxation Of Partners And Partnerships Under 1954 Code, W. Lewis Roberts

Kentucky Law Journal

No abstract provided.

Taxation--Tax Consequences Of Intra-Family Assignments, L. Fuhrman Martin

Kentucky Law Journal

No abstract provided.

Taxation Of Gains From Sale Of Livestock, Unharvested Crops, Timber, Coal & In-Oil Payments, W. Lewis Roberts

Kentucky Law Journal

No abstract provided.

Taxation--Conveyance Of In-Oil Payment Rights--Capital Gain Or Ordinary Income, Sylman I. Euzent

Kentucky Law Journal

No abstract provided.