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Taxation-Federal Income Commons

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Hanging Together: A Multilateral Approach To Taxing Multinationals, Reuven S. Avi-Yonah 2015 University of Michigan Law School

Hanging Together: A Multilateral Approach To Taxing Multinationals, Reuven S. Avi-Yonah

Law & Economics Working Papers

The recent revelation that many multinational enterprises (MNEs) pay very little tax to the countries they operate in has led to various proposals to change the ways they are taxed. Most of these proposals, however, do not address the fundamental flaws in the international tax regime that allow companies like Apple or Starbucks to legally avoid taxation. In particular, the Organization for Economic Co-operation and Development (OECD) has been working on a Base Erosion and Profit Shifting (BEPS) project and is supposed to make recommendations to the G20, but it is not clear yet whether this will result in a ...


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.


The Ecs Tax Shelter: A Retrospective, Stephen B. Cohen 2015 Georgetown University Law Center

The Ecs Tax Shelter: A Retrospective, Stephen B. Cohen

Georgetown Law Faculty Publications and Other Works

This past July 1 marked a Tax Shelter anniversary. On that date twelve years ago, the IRS issued Notice 2003-47, challenging the deferral of income by corporate executives using the so-called ECS, an acronym variously interpreted to mean the Executive Compensation Solution, the Executive Compensation Strategy, or the Executive Compensation Shelter.

Issuance of the Notice was a powerful deterrent. Taxpayers immediately ceased entering new ECS arrangements. Eighteen months later, the IRS made an offer of settlement to taxpayers who had entered into an ECS transaction before the date of the Notice. In return for payment of asserted back taxes, plus ...


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 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 ...


Deciphering The Supreme Court's Opinion In Wynne, Walter Hellerstein 2015 UGA School of Law

Deciphering The Supreme Court's Opinion In Wynne, Walter Hellerstein

Scholarly Works

In Wynne, the Supreme Court held that Maryland's personal income tax regime violated the dormant Commerce Clause because It taxed income on a residence and source basis without giving a credit to residents for in· come taxed on a source basis by other states. The Court suggested, how· ever, that a state may tax residents on all their Income without providing a credit for taxes paid by other states if the state did not tax nonresidents on income from sources within the state, even though such a taxing regime might result in double taxation of interstate commerce.


Offshore Web-Based Gambling Accounts Are Subject To Fbar, Min (Megan) K. Park 2015 San Jose State University

Offshore Web-Based Gambling Accounts Are Subject To Fbar, Min (Megan) K. Park

The Contemporary Tax Journal

No abstract provided.


Attempted Repeal Of Personal Casualty Loss Deduction, Nidhi Jain 2015 San Jose State University

Attempted Repeal Of Personal Casualty Loss Deduction, Nidhi Jain

The Contemporary Tax Journal

No abstract provided.


On The Federal Excise Tax Exemption For U.S. Gasoline Exports, Bret N. Bogenschneider 2015 Vienna University of Economics and Business

On The Federal Excise Tax Exemption For U.S. Gasoline Exports, Bret N. Bogenschneider

The Contemporary Tax Journal

No abstract provided.


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 ...


Tax Inertia: A General Framework With Specific Application To Business Tax Reform, Chris William Sanchirico 2015 University of Pennsylvania Law School & Wharton School

Tax Inertia: A General Framework With Specific Application To Business Tax Reform, Chris William Sanchirico

Faculty Scholarship

A surprising degree of bipartisan consensus has lately formed in the United States around two propositions of business tax reform: that something should be done about the “lockout” of US multinationals’ foreign earnings; and that the corporate income tax rate should be reduced. This paper questions whether these two propositions are really consistent. In the process of attempting to provide an answer, it develops a framework for relating and measuring various forms of “tax inertia”: tax-based disincentives to alter investments. Applying this framework, the paper concludes that the current agreement on business tax reform is substantially in disagreement with itself.


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 ...


Income Tax Treatment Of Same-Sex Couples: Windsor Vs State Marriage Bans, Samantha Schmid 2015 Marquette University Law School

Income Tax Treatment Of Same-Sex Couples: Windsor Vs State Marriage Bans, Samantha Schmid

Marquette Law Review

In 1996 the United States Congress passed the Defense of Marriage Act, which codified the federal definition of marriage as between one man and one woman. But in 2013 the United States Supreme Court struck down this definition of marriage and, for the first time, the federal government began recognizing same-sex marriages. However, many states, including Wisconsin, continued to have state bans on same-sex marriage, and many of these bans have recently been challenged in state and federal courts. The effect of this has been a patchwork of laws that provide same-sex couples different rights based upon the state in ...


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.


Income Tax - Foreign Earned Income Exclusion - Effect Of The Economic Recovery Tax Act Of 1981 On Citizens Or Residents Of The United States Living Abroad, Jonathan M. Engram 2015 University of Georgia School of Law

Income Tax - Foreign Earned Income Exclusion - Effect Of The Economic Recovery Tax Act Of 1981 On Citizens Or Residents Of The United States Living Abroad, Jonathan M. Engram

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.


Income Tax - Deductions For Facilitating Payments To Foreign Government Officials, Birney Bull 2015 University of Georgia School of Law

Income Tax - Deductions For Facilitating Payments To Foreign Government Officials, Birney Bull

Georgia Journal of International & Comparative Law

No abstract provided.


Reviving Fiscal Citizenship, Ajay K. Mehrotra 2015 Indiana University Maurer School of Law

Reviving Fiscal Citizenship, Ajay K. Mehrotra

Michigan Law Review

April 15 is a day that most Americans dread. That date is, of course, when federal and nearly all state-level individual income tax returns are due. Agonizing over the filing of income tax returns has long been a perennial part of modern American legal culture. Since the mid-1940s, when the United States first adopted a return-based mass income tax, the vast majority of Americans have been legally required to file an annual Form 1040. Over the years, taxpayers have been complaining about, procrastinating over, and generally loathing the filing of their annual tax returns. Indeed, in recent times, April 15 ...


The Psychic Cost Of Tax Evasion, Kathleen DeLaney Thomas 2015 University of North Carolina Law School

The Psychic Cost Of Tax Evasion, Kathleen Delaney Thomas

Boston College Law Review

Each year, the government loses hundreds of billions of dollars in tax revenue due to underreporting by individual taxpayers. According to standard deterrence theory, policymakers should be able to reduce tax evasion by increasing tax penalties, raising the audit rate, or some combination of the two. This Article refers to these strategies as increasing the “monetary cost” of tax evasion. To date, budgetary limitations and political hurdles have made these strategies difficult for the government to employ. There is, however, another potential means by which the government can improve tax compliance, apart from raising the monetary cost of evasion. Empirical ...


Foreign Oil And Taxation: The Need For A Coordinated Energy Policy, E.C. Lashbrooke Jr. 2015 Notre Dame Law School

Foreign Oil And Taxation: The Need For A Coordinated Energy Policy, E.C. Lashbrooke Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


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