Summaries: Tax Law,
2010
Golden Gate University School of Law
Summaries: Tax Law, Blaise Curet
Golden Gate University Law Review
No abstract provided.
Tax Law,
2010
Golden Gate University School of Law
Tax Law,
2010
Golden Gate University School of Law
Thoroughbred Horse Racing And Breeding As A Tax Sheltered Investment: Recent Tax Law Developments,
2010
Golden Gate University School of Law
Thoroughbred Horse Racing And Breeding As A Tax Sheltered Investment: Recent Tax Law Developments, Joel B. Turner
Golden Gate University Law Review
This comment will first discuss principal tax shelter methods in general terms and then address the effects of recent tax legislation on tax-sheltered investments. Finally, the application of the current rules to hypothetical thoroughbred tax-sheltered investments will be undertaken to illustrate some of the options available to investors.
Taxation,
2010
Golden Gate University School of Law
Inequity & Economics: Federal Income, Gift And Estate Tax Treatment Of De Facto Families,
2010
Golden Gate University School of Law
Inequity & Economics: Federal Income, Gift And Estate Tax Treatment Of De Facto Families, Michael Zaidel
Golden Gate University Law Review
Disparate tax treatment of married couples in common law vis-a-vis community property states led to remedial congressional action a generation ago. The current inequity lies between married and unmarried couples. Correcting that imbalance will again require congressional action. Nevertheless, this Comment argues that precedent exists for judicial remedy of some of the inequitable tax burdens of the unmarried couple. Tax planning is beyond the scope of this Comment, but suggestions will be offered. Property rights and contract formation are treated only to the extent of their tax ramifications.
Nonrecourse Financing And Tax Shelter Abuse: The Crane Doctrine Before And After The At Risk Provisions,
2010
Golden Gate University School of Law
Nonrecourse Financing And Tax Shelter Abuse: The Crane Doctrine Before And After The At Risk Provisions, Michael Gurwitz
Golden Gate University Law Review
This Comment will examine the history of nonrecourse financing and tax shelters from the fabled Crane holding to the new reality of the ARP. This will be done by dividing the Comment into four parts. Part I will discuss the period preceding the passage of the Tax Reform Act of 1976, focusing on the Crane doctrine and subsequent attempts by the Internal Revenue Service (IRS) to define and limit the use of nonrecourse debt. Part II will highlight the factors that contributed to the growing abuse of tax shelters. Part III, in general terms, will examine the statutory scheme of …
Taxation,
2010
Golden Gate University School of Law
Taxation, Robert C. Gabrielski, Robert Michael Fanucci
Golden Gate University Law Review
No abstract provided.
The Power Of Warm Glow,
2010
University of Georgia School of Law
The Power Of Warm Glow, Usha Rodrigues
Scholarly Works
Professor Brian Galle’s Keep Charity Charitable is a thoughtful contribution to the ongoing conversation about the proper tax treatment of charitable organizations. I largely agree with Galle’s arguments, but I would like to offer two criticisms of his positions: first, Galle overstates the problem posed by for-profit firms offering charitable services; and second, he understates the power of “warm glow” in the nonprofit organization.
State Fiscal Policies And Transitory Income Fluctuations,
2010
University of Michigan Law School
State Fiscal Policies And Transitory Income Fluctuations, James R. Hines Jr.
Articles
State and local expenditure and tax revenue respond less to the business cycle than do federal spending and revenue, thereby reducing the countercyclicality of total government expenditure and revenue. This paper considers forces responsible for the cyclical pattern of state expenditure and revenue. Annual fluctuations in state personal income are associated with small changes in state spending and significant changes in tax receipts; receipt of federal grants is associated with greater state spending. Tax collections, and to a lesser degree expenditure, of larger states are more closely associated with annual income fluctuations than are the tax collections and expenditure of …
Obesity And Unhealthy Consumption: The Public-Policy Case For Placing A Federal Sin Tax On Sugary Beverages,
2010
Seattle University School of Law
Obesity And Unhealthy Consumption: The Public-Policy Case For Placing A Federal Sin Tax On Sugary Beverages, Jonathan Cummings
Seattle University Law Review
A growing body of research has established an empirical link between consumption of sugary beverages and numerous health problems. Yet, while few people disagree that reduced consumption of sugary beverages is a desirable goal for American society, many people disagree about how to reduce it. This Comment argues that a proposed sin tax on sugary beverages is sound policy, and Congress should implement the tax in order to combat and address the obesity epidemic because (1) consumers are subject to cognitive and informational defects that affect consumers’ abilities to make the best welfare-generating decisions, and (2) sugary-beverage consumption causes healthcare-related …
The Judicial Instinct To Harmonize Statutes,
2010
Florida State University College of Law
The Judicial Instinct To Harmonize Statutes, Steve R. Johnson
Scholarly Publications
Judges like to reach results that harmonize statutory meanings, both meanings within given statutes and meanings among statutes. That inclination applies as fully in tax cases as in nontax cases, and in state and local tax cases as well as in federal tax cases. Effective advocates in state-local tax controversies recognize that judicial tropism and use it, whenever possible, in their clients’ interests.
Part I discusses the harmonization instinct generally. Part II illustrates application of the harmonization approach in state and local cases. Part III notes some limitations on and unsettled questions regarding the harmonization.
Taxation,
2010
Golden Gate University School of Law
Taxation, Carol M. Kingsley, Helen Rowland Martin
Golden Gate University Law Review
No abstract provided.
Taxation As Regulation: Carbon Tax, Health Care Tax, Bank Tax And Other Regulatory Taxes,
2010
University of Michigan Law School
Taxation As Regulation: Carbon Tax, Health Care Tax, Bank Tax And Other Regulatory Taxes, Reuven S. Avi-Yonah
Law & Economics Working Papers
This paper addresses three questions: 1. Is regulation a legitimate goal for taxation? 2. Which tax is best suited for regulation? 3. Would it be better to allocate just one goal per tax among the major taxes (individual and corporate income tax and VAT)? It then analyzes the proposed bank tax and the enacted health care tax as regulatory taxes, and concludes that the first is desirable (as is a carbon tax) but the second is not.
Intermountain And The Growing Importance Of Administrative Law In Tax Law,
2010
Florida State University College of Law
Intermountain And The Growing Importance Of Administrative Law In Tax Law, Steve R. Johnson
Scholarly Publications
On September 29, 2009, Treasury issued regulations retroactively extending the six-year limitations period for income tax deficiencies resulting from basis overstatements. In its May 6 Intermountain decision, the Tax Court unanimously invalidated those regulations, but on divided rationales. The government has appealed.
lntermountain is a must-read for tax academics and practitioners. It is among the richest decisions on the procedural and substantive validity of tax regulations. Moreover, the opinions in the case, subsequent cases on the issue, .and commentary on these opinions and cases present genuine opportunity for improvement of the law.
This report has five sections. Section I sketches …
The Redemption Puzzle,
2010
University of Michigan Law School
The Redemption Puzzle, Reuven S. Avi-Yonah
Articles
After the adoption of partial integration in 2003, there has been only a modest rise in dividends, but a sixfold increase in redemptions. This article argues that the explanation for that lies in the different treatment of dividends and capital gains to foreign shareholders and that Congress should respond by making sections 302 and 304 inapplicable to foreign shareholders.
Taxation,
2010
Golden Gate University School of Law
Taxation,
2010
Golden Gate University School of Law
Medical Expense Deductions Under Section 213 Of The Internal Revenue Code Of 1954: The Definition Of "Medical Care",
2010
Golden Gate University School of Law
Medical Expense Deductions Under Section 213 Of The Internal Revenue Code Of 1954: The Definition Of "Medical Care", Dale A. Affonso
Golden Gate University Law Review
No abstract provided.
Taxation,
2010
Golden Gate University School of Law
