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How King V. Burwell Creates Tax Problems For Consumers And What The Treasury Can Do About It, Andy Grewal 2015 University of Iowa College of Law

How King V. Burwell Creates Tax Problems For Consumers And What The Treasury Can Do About It, Andy Grewal

Andy Grewal

Commentators have expressed concern that a government loss in King v. Burwell, which addresses whether taxpayers can enjoy tax credits for policies purchased on federal health care exchanges, will lead to a "death spiral" during future enrollment seasons.

However, this discussion threatens to mask the potential tax problems facing persons who purchase policies this enrollment season. As this short article explains, purchasers may be faced with a surprising tax bill when they complete their 2015 tax returns. Additionally, the government has argued that it can protect customers from surprise tax bills, but it's authority to do so is far ...


Preserving The Tax Base In Estate Tax Elections Conditioned On Valuation Thresholds: Enforcement & Compliance Challenges Presented Through The Section 2032a Example., Fabio Ambrosio 2015 Pacific Lutheran University

Preserving The Tax Base In Estate Tax Elections Conditioned On Valuation Thresholds: Enforcement & Compliance Challenges Presented Through The Section 2032a Example., Fabio Ambrosio

Fabio Ambrosio

Fair market value in real estate is typically expressed in terms of the highest and best use premise of value. In the case of land used for farming, the value of the land based on its highest and best use is often higher than that based on its actual use, thus inflating the estate tax base. The greater estate tax burden coupled with the insufficient income potential from farming activities could make continuation of farming infeasible thus forcing the heirs to sell the land to pay the estate tax. In order to encourage the continued use of property for farming ...


King V. Burwell And The Chevron Doctrine: Did The Court Invite Judicial Activism?, Matthew A. Melone 2015 Lehigh University

King V. Burwell And The Chevron Doctrine: Did The Court Invite Judicial Activism?, Matthew A. Melone

Matthew A. Melone

No abstract provided.


Taxing Potential Community Members' Foreign Source Income, Daniel Shaviro 2015 NYU School of Law

Taxing Potential Community Members' Foreign Source Income, Daniel Shaviro

New York University Law and Economics Working Papers

Recent years have witnessed rising debate, on both sides of the Atlantic, regarding how to define the category of individuals whom a given country classifies as domestic taxpayers, and who thus may be taxable on their foreign source income (FSI) even if they live abroad. While the United States rules focus distinctively on citizenship, the broader issue is better viewed as pertaining to the taxation of “potential community members” (PCMs) – that is, all those who plausibly might be viewed as members of the home community.

This paper makes two main points regarding the taxation of PCMs on their FSI. First ...


The Use Of Oecd Commentaries As Interpretative Aids - The Static/Ambulatory-Approaches Debate Considered From The Perspective Of International Law, Maria Hilling, Ulf Linderfalk 2015 Lund University

The Use Of Oecd Commentaries As Interpretative Aids - The Static/Ambulatory-Approaches Debate Considered From The Perspective Of International Law, Maria Hilling, Ulf Linderfalk

Maria Hilling

Since many years, international tax law experts debate the relevance of changes to OECD Commentaries for the purpose of the interpretation of previously concluded tax treaties. Although, generally, most experts seem averse to the idea of an ambulatory approach to the usage of OECD Commentaries, they are reluctant to exclude this idea altogether. Such a position raises an important issue of justification: When exactly should the ambulatory approach be taken? As argued in this essay, the proper answer to this question depends on the particular rule of interpretation justifying the usage of OECD Commentaries in particular cases. If Commentaries are ...


The Crossroads Versus The Seesaw: Getting A 'Fix' On Recent International Tax Policy Developments, Daniel Shaviro 2015 NYU School of Law

The Crossroads Versus The Seesaw: Getting A 'Fix' On Recent International Tax Policy Developments, Daniel Shaviro

New York University Law and Economics Working Papers

U.S. international tax policy is at a crossroads, say those who urge the United States to adopt what common parlance would call a territorial system. They argue that one of the two ways forward they identify – trying to fortify the current U.S. system – would lead to ever-costlier outlier status for our tax system, and ever-declining competitiveness for U.S. multinationals. They therefore urge U.S. policymakers to embrace what they identify as the other way forward: conforming to global norms by adopting a territorial system.

An alternative metaphor to that of the crossroads, more likely to appeal to ...


It’S Not That Difficult: The Shared Economic Growth Solution To Tax Reform, Matthew Lykken 2015 Pace University

It’S Not That Difficult: The Shared Economic Growth Solution To Tax Reform, Matthew Lykken

Pace Law Review

In this article, I outline the latest version of the Shared Economic Growth package proposal and explain how it accomplishes all of its goals, with reference to some of the recent scholarly works that support it. I then walk through the derivation of the numbers to show that it really works, based on conservative assumptions and without any reliance on economic growth or voodoo, and that it would provide a substantial addition to revenue in the coming years. These numbers are based on 2010 data, the most recent comprehensive data available, and thus prove that the proposal works in the ...


How The Über-Wealthy Benefit From Investing Outside Retirement Plans (And How You Can Too), Sergio Pareja 2015 The Catholic University of America, Columbus School of Law

How The Über-Wealthy Benefit From Investing Outside Retirement Plans (And How You Can Too), Sergio Pareja

Catholic University Law Review

Current law incentivizes the use of traditional retirement plans, but those plans may not actually produce the best long-term tax situation for the taxpayer. The stepped-up basis at death does not apply to what is known as “income in respect of a decedent” (IRD). Generally, IRD is income that cannot be assigned from one person to another for income tax purposes. This includes pre-tax income set aside in a traditional employer-sponsored retirement plan, such as a 401(k) plan, as well as contributions to a deductible individual retirement account (IRA). Thus, stock held within a traditional employer-sponsored retirement plan or ...


The Crossroads Versus The Seesaw: Getting A 'Fix' On Recent International Tax Policy Developments, Daniel Shaviro 2015 NYU School of Law

The Crossroads Versus The Seesaw: Getting A 'Fix' On Recent International Tax Policy Developments, Daniel Shaviro

New York University Public Law and Legal Theory Working Papers

U.S. international tax policy is at a crossroads, say those who urge the United States to adopt what common parlance would call a territorial system. They argue that one of the two ways forward they identify – trying to fortify the current U.S. system – would lead to ever-costlier outlier status for our tax system, and ever-declining competitiveness for U.S. multinationals. They therefore urge U.S. policymakers to embrace what they identify as the other way forward: conforming to global norms by adopting a territorial system.

An alternative metaphor to that of the crossroads, more likely to appeal to ...


The Development Of Foreign Investment Law In Egypt And Its Effect On Private Foreign Investment, George E. Bushnell III 2015 Emory University School of Law

The Development Of Foreign Investment Law In Egypt And Its Effect On Private Foreign Investment, George E. Bushnell Iii

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement, Kevin K. Maher 2015 University of Georgia School of Law

Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement, Kevin K. Maher

Georgia Journal of International & Comparative Law

No abstract provided.


Should Divorce Be More Taxing?: Structuring Tax Reduction To Reduce Inequality, Stephanie H. McMahon 2015 University of Cincinnati College of Law

Should Divorce Be More Taxing?: Structuring Tax Reduction To Reduce Inequality, Stephanie H. Mcmahon

Indiana Journal of Law and Social Equality

Current law makes divorce a time for minimizing some couples’ taxes. The group who benefit from the reduction are unlikely to be those in greatest financial need following divorce. Existing divorce-related taxation focuses on shifting the tax burden between spouses, the implicit and explicit elections that enable this shifting, and the classification of who should be entitled to this tax reduction. This article argues that Congress should focus tax reduction on those with minimal resources following divorce to ensure an equitable distribution of the nation’s tax burden. This article proposes an alternative tax regime more consistent with mitigating inequality ...


The Moral Undercurrent Beneath The Regulatory Regime Of Investor Protection, Huhnkie Lee 2015 SelectedWorks

The Moral Undercurrent Beneath The Regulatory Regime Of Investor Protection, Huhnkie Lee

Huhnkie Lee

No abstract provided.


The Moral Undercurrent Beneath The Regulatory Regime Of Investor Protection, Huhnkie Lee 2015 SelectedWorks

The Moral Undercurrent Beneath The Regulatory Regime Of Investor Protection, Huhnkie Lee

Huhnkie Lee

No abstract provided.


United States V. Woods And The Future Of The Tax Blue Book As A Means Of Penalty Avoidance And Statutory Interpretation, Cole Barnett 2015 University of Florida Levin College of Law

United States V. Woods And The Future Of The Tax Blue Book As A Means Of Penalty Avoidance And Statutory Interpretation, Cole Barnett

Florida Law Review

The Blue Book is a “General Explanation” of tax law prepared by the Joint Committee on Taxation, and is commonly relied upon by both taxpayers and the Internal Revenue Service (IRS). In United States v. Woods, the U.S. Supreme Court broadly disapproved of judicial deference to the Blue Book when courts are faced with such reliance. Yet, the Court left no guidance on when the Blue Book should or should not prove persuasive. The Court’s decision to summarily undermine Blue Book deference—without further elaboration, sophistication, or nuance—will give taxpayers pause when considering whether to rely on ...


People's Republic Of China - Personal Income Tax, Olive E. Bell 2015 University of Georgia School of Law

People's Republic Of China - Personal Income Tax, Olive E. Bell

Georgia Journal of International & Comparative Law

No abstract provided.


No Good Options: Picking Up The Pieces After King V. Burwell, Nicholas Bagley, David K. Jones 2015 University of Michigan Law School

No Good Options: Picking Up The Pieces After King V. Burwell, Nicholas Bagley, David K. Jones

Articles

If the Supreme Court rules against the government in King v. Burwell, insurance subsidies available under the Affordable Care Act (ACA) will evaporate in the thirty-four states that have refused to establish their own health-care exchanges. The pain could be felt within weeks. Without subsidies, an estimated eight or nine million people stand to lose their health coverage. Because sicker people will retain coverage at a much higher rate than healthier people, insurance premiums in the individual market will surge by as much as fifty percent. Policymakers will come under intense pressure to mitigate the fallout from a government loss ...


International Tax Free Exchanges: The Structure Of I.R.C. Section 367, Vikram A. Gosain 2015 University of California, Hastings College of Law

International Tax Free Exchanges: The Structure Of I.R.C. Section 367, Vikram A. Gosain

Georgia Journal of International & Comparative Law

No abstract provided.


Tax Planning: Foreign Investment In United States Real Property, William H. Newton III 2015 Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern

Tax Planning: Foreign Investment In United States Real Property, William H. Newton Iii

Georgia Journal of International & Comparative Law

No abstract provided.


The Problem Of Nonprofit Executive Pay?: Evidence From U.S. Colleges And Universities, Brian D. Galle, David I. Walker 2015 Boston College

The Problem Of Nonprofit Executive Pay?: Evidence From U.S. Colleges And Universities, Brian D. Galle, David I. Walker

Boston College Law School Faculty Papers

Nonprofit organizations suffer from agency problems that are similar to or perhaps even more severe than those observed at for-profit companies. As a result, one might expect the executive pay setting process in the two sectors to reflect similar deficiencies. This Article explains why the managerial power theory that was developed to help explain for-profit executive pay is plausibly applicable to nonprofits. More importantly, this Article offers new evidence based on data from a large panel of colleges and universities collected across a nine year period that supports the idea that potential stakeholder outrage plays a role in limiting nonprofit ...


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