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Public Accounting And The Myth Of The Public Interest.Pdf, Wm. Dennis Huber 2016

Public Accounting And The Myth Of The Public Interest.Pdf, Wm. Dennis Huber

Wm. Dennis Huber

For decades it has been drummed into the conscience, the consciousness, and the subconscious of accounting students, researchers, and practitioners alike that the public interest is the sine qua non of the public accounting profession. Accounting researchers have attempted to explore the multi-faceted nature of what is referred to as the public interest based on the assumption that the public interest actually exists in the public accounting profession (including professional accounting organizations, government and quasi-government regulatory agencies, and auditing and accounting standard setting bodies). This paper questions that assumption by conducting an exegesis of the texts of the legislative findings ...


Public Accounting And The Myth Of The Public Interest.Pdf, Wm. Dennis Huber 2016 Capella University

Public Accounting And The Myth Of The Public Interest.Pdf, Wm. Dennis Huber

Wm. Dennis Huber

For decades it has been drummed into the conscience, the consciousness, and the subconscious of accounting students, researchers, and practitioners alike that the public interest is the sine qua non of the public accounting profession. Accounting researchers have attempted to explore the multi-faceted nature of what is referred to as the public interest based on the assumption that the public interest actually exists in the public accounting profession (including professional accounting organizations, government and quasi-government regulatory agencies, and auditing and accounting standard setting bodies). This paper questions that assumption by conducting an exegesis of the texts of the legislative findings ...


Transfer Pricing Challenges In The Cloud, Orly Mazur 2016 Southern Methodist University Dedman School of Law

Transfer Pricing Challenges In The Cloud, Orly Mazur

Boston College Law Review

Cloud computing has fundamentally changed how companies operate. Companies have quickly adapted by moving their businesses to the cloud, but international tax standards have failed to follow suit. As a result, taxpayers and tax administrations confront significant tax challenges in applying outdated tax principles to this new environment. One particular area that raises perplexing tax issues is the transfer pricing rules. The transfer pricing rules set forth the intercompany price a cloud service provider must charge an affiliate using its cloud services, which ultimately affects the determination of the jurisdiction in which the company’s profits are taxed. This Article ...


Sec's Ultra Vires Recognition Of The Fasb.Pdf, Wm. Dennis Huber 2016 Capella University

Sec's Ultra Vires Recognition Of The Fasb.Pdf, Wm. Dennis Huber

Wm. Dennis Huber

The Sarbanes-Oxley Act of 2002 conferred upon the Securities and Exchange
Commission (“SEC”) the authority to recognize as “‘generally accepted’
for purposes of the securities laws, any accounting principles established
by a standard setting body” provided that the standard setting body
met certain conditions. Two weeks after the Sarbanes-Oxley Act was
signed into law in July, 2002 the Financial Accounting Standards Board
(“FASB”) and its parent organization, the Financial Accounting Foundation,
submitted a letter to the SEC declaring that it met the conditions set
forth in the Sarbanes-Oxley Act. Eight months later, in April, 2003 the SEC
issued a policy ...


The Meaning Of Capital In The Twenty-First Century, Edward J. McCaffery 2016 University of Southern California;California Institute of Tecnology

The Meaning Of Capital In The Twenty-First Century, Edward J. Mccaffery

University of Southern California Legal Studies Working Paper Series

America is on a path towards a level of both wealth and income inequality unparalleled in recorded history. Thomas Piketty’s Capital in the Twenty-First Century summarizes and conveys the work of Piketty and many co-authors, over many decades, looking at the structure of income and wealth inequality across many nations and centuries. This review essay builds on Piketty’s ambitions as well as his data, in order to put forth a better solution: one that accepts and even embraces the facts of unequal ownership of capital, but changes the social meaning of those facts to avoid the social harms ...


Taxing Wealth Seriously, Edward J. McCaffery 2016 University of Southern California;California Institute of Tecnology

Taxing Wealth Seriously, Edward J. Mccaffery

University of Southern California Legal Studies Working Paper Series

The social and political problems of wealth inequality in America are severe and getting worse. A surprise is that the U.S. tax system, as is, is a significant cause of these problems, not a cure for them. The tax-law doctrines that allow those who already have financial wealth to live, luxuriously and tax-free, or to pass on their wealth tax-free to heirs, are simple. The applicable legal doctrines have been in place for nearly a century under the income tax, the primary social tool for addressing matters of economic inequality. The analytic pathways to reform are easy to see ...


Accounting And Accountability: Overview Of The Accounting Provisions Of The Foreign Corrupt Practices Act Of 1977, Thomas Baker 2016 Selected Works

Accounting And Accountability: Overview Of The Accounting Provisions Of The Foreign Corrupt Practices Act Of 1977, Thomas Baker

Thomas E. Baker

No abstract provided.


The Target Method For Partnership Special Allocations And Why It Should Be Safe-Harbored, Daniel S. Goldberg 2016 University of Maryland School of Law

The Target Method For Partnership Special Allocations And Why It Should Be Safe-Harbored, Daniel S. Goldberg

Faculty Scholarship

The Treasury Regulations’ concept of “substantial economic effect” is the holy grail of partnership special allocations. Special allocations that have substantial economic effect will come within a safe harbor in the regulations and have assurance that the allocations that are provided in the partnership agreement will be respected. In order for the allocations to come within the substantial economic effect safe harbor, the partnership must (1) maintain capital accounts in accordance with the Treasury Regulations’ standard; (2) provide for liquidation in accordance with capital accounts in all events; and (3) either (a) provide for a deficit restoration obligation (DRO) on ...


The Foreign Account Tax Compliance Act: The Solution Or The Problem?, Sophie S. Chou 2016 Claremont McKenna College

The Foreign Account Tax Compliance Act: The Solution Or The Problem?, Sophie S. Chou

CMC Senior Theses

Tax evasion has been happening for decades, but after the highly publicized cases with two foreign banks, LGT and UBS, the United States (US) is cracking down on tax evaders. The latest addition to the Internal Revenue Service (IRS)’s repertoire of enforcement tools is the Foreign Account Tax Compliance Act, otherwise known as FATCA. The Act was enacted to incentivize tax information release by foreign financial institutions (FFIs) who would otherwise face a 30% withholding tax on any US source income. The question was whether or not the design of the Act and its implementation successfully met this goal ...


Just Cause Discipline For Social Networking In The New Gilded Age: Will The Law Look The Other Way?, William Herbert, Alicia McNally 2015 Hunter College, City University of New York

Just Cause Discipline For Social Networking In The New Gilded Age: Will The Law Look The Other Way?, William Herbert, Alicia Mcnally

William A. Herbert

We live and work in an era with the moniker of the New Gilded Age to describe the growth in societal income inequality. The designation is not limited to evidence of the growing gap in wealth distribution, but also the sharp rise in employment without security, including contingent and part-time work. This article examines the state of workplace procedural protections against discipline as they relate to employee use of social media in the New Gilded Age. In our times, reactions to the rapid distribution of troublesome electronic communications through social networking tend to eclipse patience for enforceable workplace procedures. The ...


How The Massachusetts Supreme Judicial Court Should Interpret Wynne, Michael S. Knoll, Ruth Mason 2015 University of Pennsylvania Law School

How The Massachusetts Supreme Judicial Court Should Interpret Wynne, Michael S. Knoll, Ruth Mason

Faculty Scholarship

In this special report, Knoll and Mason discuss how the Massachusetts Supreme Judicial Court should apply Wynne when it hears on remand First Marblehead v. Commissioner of Revenue. The authors conclude that when it originally heard the case, the Massachusetts court mistakenly considered, as part of its internal consistency analysis, whether Gate Holdings Inc. experienced double state taxation. As developed by the U.S. Supreme Court and most recently applied in Wynne, the internal consistency test is not concerned with actual double taxation that may arise from the interaction of different states’ laws. Rather, the test is designed to determine ...


The Study Of Chinese Law In The United States: Reflections On The Past And Concerns About The Future, Stanley Lubman 2015 University of California, Berkeley

The Study Of Chinese Law In The United States: Reflections On The Past And Concerns About The Future, Stanley Lubman

Stanley Lubman

I first survey the development and current state of the field by reviewing American scholarship on some major areas of Chinese law from those early days up to the present. Then, against this background, I comment on the current scene and address the challenges that Chinese law continues to present to Western attempts at understanding China.


The Consequences Of Bulk In Our Banking Diet: Bulk Filing Of Checks And The Bank's Duty Of Ordinary Care Under The 1990 Revision To The Uniform Commercial Code When It Honors Forged Checks, Mark Budnitz 2015 Georgia State University College of Law

The Consequences Of Bulk In Our Banking Diet: Bulk Filing Of Checks And The Bank's Duty Of Ordinary Care Under The 1990 Revision To The Uniform Commercial Code When It Honors Forged Checks, Mark Budnitz

Mark E. Budnitz

No abstract provided.


Do Pending Treasury Studies Affect Your Organization?, Cassady Brewer 2015 Georgia State University College of Law

Do Pending Treasury Studies Affect Your Organization?, Cassady Brewer

Cassady V. Brewer

No abstract provided.


Using The "L3c" For Program-Related Investments, Cassady Brewer, Michael Rhim 2015 Georgia State University College of Law

Using The "L3c" For Program-Related Investments, Cassady Brewer, Michael Rhim

Cassady V. Brewer

No abstract provided.


A Proposal For An Elective Tax Benefits Transfer System, Ronald Blasi 2015 Georgia State University College of Law

A Proposal For An Elective Tax Benefits Transfer System, Ronald Blasi

Ronald W. Blasi

This article proposes an elective tax benefit transfer system to be available to lessors of property they use in their trade or business. It describes why the current linkage of tax benefits to property ownership is economically inefficient, causing it to have several significant disadvantages to the parties and to the economy, as a whole. The article discusses how the current system reduces a firm’s cash flow and reported earnings, diminishes the intended effect of tax incentive legislation, distorts competition and decision making, and inhibits investment in efficient business assets. It is submitted that the proposed system corrects all ...


Understanding The New Fringe Benefit Law, Ronald Blasi 2015 Georgia State University College of Law

Understanding The New Fringe Benefit Law, Ronald Blasi

Ronald W. Blasi

No abstract provided.


New Capitalization Rules: Their Sweeping Effect On Financial Institutions, Ronald Blasi, Debra Lee 2015 Georgia State University College of Law

New Capitalization Rules: Their Sweeping Effect On Financial Institutions, Ronald Blasi, Debra Lee

Ronald W. Blasi

Final regulations issued under IRC Section 263(a) prescribe a sweeping set of new rules that will affect the tax treatment of a variety of amounts paid by taxpayers to acquire or to create intangibles, including amounts paid to facilitate such transactions. While these rules provide some clarity with respect to the types of costs to be capitalized and contain useful simplifying conventions, they also may result in increased capitalization for some taxpayers and will require accounting method changes for most taxpayers. Among the taxpayers most affected by the new regulations will be financial institutions. Nearly all of the assets ...


Acquisition Costs For Credit Card Receivables Must Be Capitalized, Ronald Blasi 2015 Georgia State University College of Law

Acquisition Costs For Credit Card Receivables Must Be Capitalized, Ronald Blasi

Ronald W. Blasi

No abstract provided.


Wills, Trusts, Guardianships And Fiduciary Administration(2012-2013 Developments), Mary Radford 2015 Georgia State University College of Law

Wills, Trusts, Guardianships And Fiduciary Administration(2012-2013 Developments), Mary Radford

Mary F. Radford

This Article describes selected cases and significant legislation from the period of June 1, 2012 through May 31, 2013


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