Shareholder To Intermediary: "Thanks...It Is 'Appreciated'!", 2012 University of San Diego
Shareholder To Intermediary: "Thanks...It Is 'Appreciated'!", Terri Gunn
San Diego Law Review
Part II of this Casenote explores the history behind the General Utilities doctrine, and Part III explains the why the doctrine was ultimately repealed. Part IV then analyzes Starnes and how it could lead to the resurrection of the General Utilities doctrine through the use of intermediaries. Finally Part V concludes by drawing attention to the ease with which other shareholders, eager to avoid a corporate-level tax, could replicate the Starnes transaction.
Effectively Curbing The Gst Exemption For Perpetual Trusts, 2012 University of Michigan Law School
Effectively Curbing The Gst Exemption For Perpetual Trusts, Lawrence W. Waggoner
Law & Economics Working Papers
Current law allows a married couple to transfer up to $10.24 million into a trust that is exempt from the federal generation-skipping transfer tax. The proposal would deny the GST exemption prospectively, unless the trust must terminate within one of three perpetuity periods: (1) 21 years after the death of a life in being; (2) 90 years after creation; or (3) after the death of the last living beneficiary who is no more than two generations younger than the settlor. Atrust now in existence would be allowed a grace period during which it could be modified to terminate within the …
El Rostro Público De La Propaganda Administrativa, 2012 UDLAP, BUAP, UPAEP, UVM, ANAHUAC, LIBRE DE DERECHO, IBERO-PUEBLA
El Rostro Público De La Propaganda Administrativa, Norma E. Pimentel
Norma E Pimentel
No abstract provided.
A Perfect Storm In The Eu Vat: Kittel, 'R' And Marc, 2012 Boston University School of Law
A Perfect Storm In The Eu Vat: Kittel, 'R' And Marc, Richard Thompson Ainsworth
Faculty Scholarship
EU VAT authorities are close to turning the tables on missing traders. For many years organized fraudsters have been stealing huge amounts of VAT on the domestic re-sale of exempt cross-border supplies. Losses have been enormous whether the transactions are in goods (notably cell phones and computer chips) or in tradable services (CO2 permits and VoIP). No market has been safe from the fraudsters.
Answers are developing, but these answers may look more like Armageddon than measured enforcement. Solutions are so draconian, and so all-encompassing that very few intra-community traders will feel safe from the gathering storm. The situation is …
Wandering Far Afield With Defined Value Clauses, 2012 University of Baltimore School of Law
Wandering Far Afield With Defined Value Clauses, Wendy G. Gerzog
All Faculty Scholarship
The Wandry decision extends the application of defined value clauses beyond those family limited partnership cases that transfer any excess value to a charity. In Wandry, the Tax Court reads Procter narrowly and ignores the fundamental rationale of Robinette.
Limited Liability Entities: State By State Guide To Llcs, Llps And Lps, 2012 University of Maryland Francis King Carey School of Law
Limited Liability Entities: State By State Guide To Llcs, Llps And Lps, Bradley Borden, Robert Rhee
Robert Rhee
To make your research more efficient Wolters Kluwer Law & Business is combining the former State Limited Liability Company and Partnership Laws and State Limited Partnership Laws title into one new resource entitled Limited Liability Entities: State by State Guide to LLCs, LLPs and LPs. Our new authors are Bradley Borden and Robert Rhee (see About the Authors). Volume 1, the first installment of Limited Liability Entities: State by State Guide to LLCs, LLPs and LPs, provides a comprehensive overview of limited liability entities. It begins with a detailed review of the history and evolution of limited liability entities. It …
The Marriage Tax Revisited: An Analysis Of The Tax Consequences Of Marriage, 2012 Touro Law Center
The Marriage Tax Revisited: An Analysis Of The Tax Consequences Of Marriage, Dan Subotnik
Dan Subotnik
No abstract provided.
Tax Liability For Wage Theft, 2012 Univ. of Connecticut School of Law
Tax Liability For Wage Theft, Sachin S. Pandya
Faculty Articles and Papers
This paper shows how, under existing tax law, illegal wage underpayment by an employer (sometimes called “wage theft”) may generate employer tax liability for unreported income or disallowed business expense deductions. Given that the tax authority needs information from the underpaid worker to prove such liability, the paper identifies two ways that a worker can transmit that information to a tax authority: becoming a tax informant, or bringing a qui tam action under a state false claims act. Finally, the paper discusses possible influences on the decision of the unpaid worker to inform on the employer to the tax authority, …
Cuando La Educación Sea Diferente, 2012 UDLAP, BUAP, UPAEP, UVM, ANAHUAC, LIBRE DE DERECHO, IBERO-PUEBLA
Cuando La Educación Sea Diferente, Norma E. Pimentel
Norma E Pimentel
No abstract provided.
Review Of The Making Of Tax Law: The Development Of The Swedish Tax System, 2012 University of Michigan Law School
Review Of The Making Of Tax Law: The Development Of The Swedish Tax System, Reuven S. Avi-Yonah
Reviews
Imagine that a single person had been responsible for all U.S. tax reforms enacted from 1974 to 2012. That was the position of Sven-Olof Lodin, the former president of the International Fiscal Association. For more than 40 years, professor Lodin was the most influential voice in Swedish tax policy. This was not in a single, official governmental capacity, but rather as a member of more than 20 government commissions and working parties on taxation, which were responsible for all the major changes in Swedish tax law in recent decades, including the "Tax Reform of the Century" in 1991. In this …
¿Quién Fue El (La) Gran Ausente En El #Debate2012?, 2012 UDLAP, BUAP, UPAEP, UVM, ANAHUAC, LIBRE DE DERECHO, IBERO-PUEBLA
¿Quién Fue El (La) Gran Ausente En El #Debate2012?, Norma E. Pimentel
Norma E Pimentel
Reflexión personal sobre el "debate" del día 06.05.2012
Is There A Need To 'Substantially Modify' The Terms Of The Trips Agreement?, 2012 NALSAR University of Law
Is There A Need To 'Substantially Modify' The Terms Of The Trips Agreement?, Varun Vaish
Varun Vaish
The TRIPS Agreement is no stranger to controversy and since its inception has been subject to harsh criticism and calls for modification. The task of defending the TRIPS Agreement, particularly from the point of view of an observer from a third world country is, therefore no mean feat. This article focuses on four major fields where a substantial modification of the TRIPS is being debated and suggests that in the light of the recent decisions of the TRIPS Council, the special and differential treatment incorporated, the intrinsic flexibilities available, and the initiatives undertaken at Doha, ‘substantial modification’ is avoidable. The …
Vat Experimentation -- New York & Illinois, 2012 Boston University School of Law
Vat Experimentation -- New York & Illinois, Richard Thompson Ainsworth
Faculty Scholarship
US States are experimenting with VATs to solve market-specific problems with tax compliance and revenue yields. Experimentation has been going on for years. Sometimes the experiment is a success; at other times it needs more work.
Although not called VATs either before, during or after adoption – that is what these experiments are. Market-specific VATs are producing benefits long promoted by VAT advocates, notably: an increase in revenue without an increase in tax rates; increased administrative efficiency without significant costs to business; more stable deposits from fractionated payments; and lower enforcement costs from the self-enforcing nature of the VAT.
There …
Refund Fraud? - Real-Time Solution! Digital Security Borrowed From The Vat (Brazil, Quebec, & Belgium), 2012 Boston University School of Law
Refund Fraud? - Real-Time Solution! Digital Security Borrowed From The Vat (Brazil, Quebec, & Belgium), Richard Thompson Ainsworth
Faculty Scholarship
This article provides support for a proposal to eliminate refund fraud in the U.S. by turning Forms W-2, and 1099 into self-certified/ self-authenticated tax documents. The proposal suggests that a “digital signature” of these documents should be taken after they are completed. The signature should then be made part of the final document.
This proposal was initially advanced in Refund Fraud? Real-Time Solution! The underlying premise of that article was that the US could dramatically reduce, if not eliminate, refund fraud if it borrowing digital security techniques from the VAT. The article did not however, explain or expand upon these …
International Taxation And Competitiveness: Introduction And Overview, 2012 University of Michigan Law School
International Taxation And Competitiveness: Introduction And Overview, Reuven S. Avi-Yonah, Nicola Sartori
Law & Economics Working Papers
The debate about whether to abolish deferral or to adopt territoriality has been going on ever since the Kennedy Administration first proposed ending deferral in 1961. The problem is that neither side has factual support for their argument about whether the U.S. tax system, including Subpart F, as currently enacted or with any of the proposed reforms, in fact negatively impacts the tax burden of US-based MNEs. Even the concept of competitiveness itself is unclear. Despite numerous claims, there has been no rigorous attempt that we are aware of to determine whether MNEs based in our major trading partners in …
La Transparencia En La Protección De Datos Personales, 2012 ITESM Campus Puebla
La Transparencia En La Protección De Datos Personales, Bruno L. Costantini García
Bruno L. Costantini García
La Transparencia en la Protección de Datos Personales, ponencia elaborada dentro de los trabajos del VII Congreso Nacional de Organismos Públicos Autónomos (OPAM)
Federal Income Taxation Of Business Enterprises: Cases, Statutes, Rulings, 2012 University of New Mexico - School of Law
Federal Income Taxation Of Business Enterprises: Cases, Statutes, Rulings, Sergio Pareja, Richard A. Westin, Ricahrd C.E. Beck
Faculty Book Display Case
This fourth edition covers the basics of the federal income taxation of partnerships and corporations including the taxation of LLCs, LLPs and S corporations. In addition, it alludes to a short list of other business enterprises. It is designed to be taught as two major components: partnerships and corporations. Both components use the traditional "cradle-to-grave" approach. Because of their practical importance, the book makes reference to Social Security taxes and estate taxes. There is no discussion of State income taxes.
Although the book is comparatively short, the materials are thorough and are heavily supplemented with problems.
The cases have been …
Celebrando Un Año Más Del Día Internacional Del Trabajo, 2012 UDLAP, BUAP, UPAEP, UVM, ANAHUAC, LIBRE DE DERECHO, IBERO-PUEBLA
Celebrando Un Año Más Del Día Internacional Del Trabajo, Norma E. Pimentel
Norma E Pimentel
No abstract provided.
Examining The Tax Advantage Of Founders' Stock, 2012 University of Georgia School of Law
Examining The Tax Advantage Of Founders' Stock, Gregg D. Polsky, Brant J. Hellwig
Scholarly Works
Recent commentary has described founders' stock as tax-advantaged because it converts founders' compensation income into capital gains. In this paper we describe various founders' stock strategies that offer this character conversion and then analyze whether they are, on the whole, tax advantageous. While the founders' stockstrategies favorably convert the character of the founders' income, they simultaneously turn the company's compensation deductions into non-deductions. Whetherfounders' stock is tax-advantaged overall depends on whether the benefit of the founders' character conversion outweighs the cost of the company's lost deductions. We use various hypothetical to illustrate this tradeoff. We conclude that founders' stock is …
Evaluating The Performance Of The U.S. Social Safety Net In The Great Recession, 2012 University of Massachusetts Boston
Evaluating The Performance Of The U.S. Social Safety Net In The Great Recession, Keith Gunnar Bentele
Center for Social Policy Publications
The following provides an assessment of the performance of both individual safety net programs and the cumulative impact of all safety net benefits and tax credits on household incomes in the early years during and following the 2007-09 recession. Specifically, I examine the extent to which various benefits and tax credits have moderated the impact of earnings losses for households in different positions in the income distribution, with special attention to the experiences of low-income households. In addition, I examine whether these moderating impacts differ for households of various racial/ethnic compositions, female-headed households, and residents of states with more and …