Taxation-Federal Income Commons^™

Through A Latte, Darkly: Starbucks' Window Into Stateless Income Tax Planning, Edward D. Kleinbard

University of Southern California Law and Economics Working Paper Series

This paper uses Starbucks Corporation, the premier roaster, marketer and retailer of specialty coffee in the world, as an example of stateless income tax planning in action. “Stateless income” comprises income derived for tax purposes by a multinational group from business activities in a country other than the domicile of the group’s ultimate parent company, but which is subject to tax only in a jurisdiction that is neither the source of the factors of production through which the income was derived, nor the domicile of the group’s parent company.

The paper reviews both Starbucks’ recent U.K. tax ...

Psychiatric Defenses In Tax Fraud Cases , Thomas J. Gallagher Jr.

Pepperdine Law Review

No abstract provided.

Application Of The Active Business Requirement To The Tax-Free Spin-Off Of Corporate Real Estate , Richard J. Albrecht

Pepperdine Law Review

No abstract provided.

Civil Tax Penalties: Changes And Recommendations, Arthur A. Graves Iii

Pepperdine Law Review

No abstract provided.

Tax Frauds And The Government's Right Of Access To Taxpayer's Books And Records , Ronald K. Van Wert

Pepperdine Law Review

No abstract provided.

Administrative Savings From Synchronizing Social Welfare Programs And Tax Provisions, Jonathan Barry Forman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

United States National Report On Tax Privacy, Joshua D. Blank

New York University Law and Economics Working Papers

This National Report was prepared for a conference titled “Tax Secrecy and Tax Transparency - The Relevance of Confidentiality in Tax Law", which took place in July 2012 in Rust, Austria and was co-hosted by the Institute for Austrian and International Tax Law at the Vienna University of Economics and Business and by Örebro University, Sweden. The Report describes the current tax privacy protections that apply to taxpayers in the United States and provides an overview of the policy considerations that have contributed to their enactment. Portions of this Report were originally published, in part, in Joshua D. Blank, In Defense ...

The Cost Of “Choice” In A Voluntary Pension System, Jonathan B. Forman

Jonathan B. Forman

Unlike our mandatory universal Social Security system, America’s private pension system is replete with choice: choices about the type of pension plan, choices about the amount and timing of contributions, choices about investments, and choices about the timing and nature of distributions. It takes time to make all these choices, and sometimes employers and workers just throw up their hands and don’t make any choices at all. This “choice overload” or “analysis paralysis” imposes significant costs on employers, workers, and government; and this article recommends a variety of ways to reduce those costs.

Puttkammer V. Commissioner Of Internal Revenue, Robert English

Maryland Journal of International Law

No abstract provided.

Legal Australia-Wide Survey: Legal Need In Australia, Christine Coumarelos Dr, Deborah Macourt, Julie People, Hugh M. Mcdonald, Zhigang Wei, Reiny Iriana, Stephanie Ramsey

Access to Justice

This report is one in a series of nine that provides the initial findings of a national survey of legal needs — the LAW Survey. The series consists of a report on Australia as a whole and a report on each state/territory.

The LAW Survey deals with key questions that go to the heart of understanding the legal and access to justice needs of the community, and how to address these needs. It assesses the prevalence of legal problems across the community, and the vulnerability of different demographic groups to different types of legal problems. It examines the various adverse ...

The Role Of Charity In A Federal System, Brian D. Galle

Boston College Law School Faculty Papers

This Article critiques the prevailing justification for subsidies for the charitable sector and suggests a new alternative. Existing rationales are based on an economic model that assumes a single government whose decisions are guided by a single median voter. I argue that this theory is unpersuasive when translated to federal systems, such as the United States, in which there may instead be thousands of competing local governments.

I then attempt to construct a theory of the charitable sector that takes account of interactions between charity, local government, and national government. In this revised account, charity is most important when federalism ...

Horizontal Equity Revisited, James R. Repetti, Diane M. Ring

Boston College Law School Faculty Papers

From the introduction:

No tax policy analysis stands complete without examination of equity implications. But despite its role as a traditional pillar of tax policy analysis, equity itself remains a controversial concept. What is meant by the term equity? How should it be measured? Is there more than one type of equity? What is the relationship of different types of equity to each other? For decades, scholars and policy makers have explored the possibility that equity is best understood as two distinct concepts — vertical equity and horizontal equity — both of which must be evaluated. Horizontal equity (HE) is defined to ...

Tax Planning For Marijuana Dealers, Benjamin Leff

Benjamin Leff

In recent years, many states have legalized marijuana while the federal government continues to consider all marijuana sales and use illegal. But marijuana industry insiders consider not federal criminal law but federal tax law to be the biggest impediment to the development of a legitimate marijuana industry. State-sanctioned marijuana sellers are required to pay federal income taxes pursuant to § 280E, a formerly largely symbolic provision that Congress enacted to punish drug dealers, but which now could potentially drive legitimate marijuana sellers underground.

This paper proposes a tax strategy that enables state-sanctioned marijuana sellers to avoid the impact of § 280E by ...

Fringe Benefits, Proposed Section 84, And Tax Policy , Gregory M. Fowler

Pepperdine Law Review

No abstract provided.

Evaluating The Charitable Deduction And Proposed Reforms, Brian D. Galle, Roger Colinvaux, C. Eugene Steuerle

Boston College Law School Faculty Papers

This white paper analyzes proposed reforms to the charitable contribution deducton in light of their effects on revenues, donations, and overall nonprofit policy.

The New Starker: A Nonsimultaneous Exchange Expands Section 1031/ Collateral Estoppel Clarification, Robert B. Paysinger

Pepperdine Law Review

The new Starker decision addresses the issue whether a nonsimultaneous exchange qualifies for section 1031 nonrecognition treatment. The Court of Appeals for the Ninth Circuit, in addressing this issue, also had to determine the appropriateness of the collateral estoppel "separable facts" doctrine under the facts in the case. The author provides an in-depth examination of the court's clarification of collateral estoppel and expansion of section 1031. The author, in agreeing with-the decision, welcomes the added flexibility the case lends to the real estate finance field.

Horse Syndication: A Sure Footed Winner In The Investment Sweepstakes, Thomas R. Catanese

Pepperdine Law Review

Recent changes in the scheme of federal taxation coupled with increasing interest in the equine industry has propelled that industry into the forefront of tax sheltered investments. In this article the author takes an in-depth look at the federal securities and tax law aspects of a typical equine syndication as a tax sheltered investment.

The Professional Corporation—Has The Death Knell Been Sounded?, Forest J. Bowman

Pepperdine Law Review

The favorable tax reasons for incorporating a professional practice have been substantially reduced by the Tax Equity and Fiscal Responsibility Act. The retirement benefits of the professional corporation have effectively been eliminated by TEFRA. In addition, the new allocation of income powers provided by TEFRA may have eliminated the tax incentive for forming a professional corporation. The professional's decision whether to incorporate his practice will now rest with his desires as to how he wishes to carry out that practice. This article discusses the changes that TEFRA has wrought, and its impact on the professionals' decision to incorporate.

Go Abroad, Young Man, Go Abroad: The Economic Recovery Tax Act Of 1981'S Changes In The Treatment Of Foreign Earned Income, Sheldon J. Fleming

Pepperdine Law Review

The Economic Recovery Tax Act of 1981 made major revisions in the taxation of foreign earned income. The former tax provisions of sections 911 and 913failed in their purpose of equitably compensating individuals for the increased costs of working abroad, and have been replaced with a new section 911. The new law encourages Americans to go abroad by according them the most liberal tax benefits in over fifty years.

Caveat Taxpayer: How And Why The Internal Revenue Service May Examine Your Books, Your Accountant And Even Your Attorney, Brian E. Holthus

Pepperdine Law Review

The IRS is authorized, by the use of an administrative summons, to thoroughly inspect a taxpayer's business and financial background. Although the taxpayer's attorney may feel powerless to restrict this free flow of information, there are defined limitations to the use of an administrative summons. These limitations are designed to abrogate its abuse by the IRS. This comment provides a summary of the limitations of an administrative summons, case law interpretation of the requirements for its issuance, and practical considerations for the protection of the taxpayer's financial privacy.