Open Access. Powered by Scholars. Published by Universities.®

Taxation-Federal Income Commons

Open Access. Powered by Scholars. Published by Universities.®

869 Full-Text Articles 526 Authors 225,971 Downloads 47 Institutions

All Articles in Taxation-Federal Income

Faceted Search

869 full-text articles. Page 1 of 12.

A Whole New World: Income Tax Considerations Of The Bitcoin Economy, Benjamin W. Akins JD, LLM, Jennifer L. Chapman JD, CPA, Jason M. Gordon JD, MBA 2015 SelectedWorks

A Whole New World: Income Tax Considerations Of The Bitcoin Economy, Benjamin W. Akins Jd, Llm, Jennifer L. Chapman Jd, Cpa, Jason M. Gordon Jd, Mba

Benjamin W. Akins

Bitcoin is a virtual, cryptocurrency growing rapidly in influence throughout the world. Numerous characteristics associated with the bitcoin system, including low transaction costs and greater user privacy, make it appealing as a medium of electronic payment. The number of users of bitcoin, including merchants accepting the currency as a form of payment, has grown considerably in recent years. Estimates indicate that there are more than 60,000 active bitcoin users as of September 2012, with nearly 11 million bitcoins in existence. According to the latest estimates, bitcoin market capitalization is roughly $9 billion. The growth of bitcoin as an accepted ...


The Vanishing Of The African-American Family: “Reasonable Efforts” And Its Connection To The Disproportionality Of The Child Welfare System., Stephanie M. Ledesma 2014 SelectedWorks

The Vanishing Of The African-American Family: “Reasonable Efforts” And Its Connection To The Disproportionality Of The Child Welfare System., Stephanie M. Ledesma

Stephanie M Ledesma

ABSTRACT

In the United States, approximately three million cases of child abuse and neglect involving more than six million children are reported annually to child protective service agencies.[1] Our children are in need of protection. But what or who are they in need of protection from? This article suggest until there is a bright line definition for “reasonable efforts” and until there is consistent application of “reasonable efforts”, our children stand desperately in need of protection from the very child protective service agencies that are charged with protecting them.

While there are many articles debating the existence of racial ...


Uncharitable Hospitals: Why The Irs Needs Intermediate Sanctions To Regulate Tax-Exempt Hospitals, Rachel Weisblatt 2014 Boston College Law School

Uncharitable Hospitals: Why The Irs Needs Intermediate Sanctions To Regulate Tax-Exempt Hospitals, Rachel Weisblatt

Boston College Law Review

Tax-exempt hospitals receive millions of dollars worth of tax breaks each year for the purpose of providing care to their communities. Despite these tax breaks, however, there is little evidence to suggest that such breaks significantly benefit the hospitals’ communities. When a hospital no longer meets the federal standard for tax exemption, the Internal Revenue Service currently has two enforcement options: (1) do nothing; or (2) move to revoke the hospital’s tax-exempt status. Revocation, however, is a harsh option that is not appropriate for every circumstance where a hospital fails to meet one or more of the requirements for ...


State “Subsidies” And Unnecessary Public Funding: The Texas Legislature’S Successful Restriction Of Constitutional Rights In Department Of Texas V. Texas Lottery Commission, Tyler A. Dever Ms. 2014 SelectedWorks

State “Subsidies” And Unnecessary Public Funding: The Texas Legislature’S Successful Restriction Of Constitutional Rights In Department Of Texas V. Texas Lottery Commission, Tyler A. Dever Ms.

Tyler A Dever Ms.

This Note argues that the Act’s political advocacy restrictions are unconstitutional as applied to the Plaintiffs in Texas Lottery. This Note discusses government subsidies, occupational licenses, and the doctrine of unconstitutional conditions. It then analyzes the charitable organizations’ First Amendment rights in light of the challenged Act. Although this Note argues against the majority’s upholding of the Act, it will also present flaws in the plaintiffs’ argument for injunction and explain why the court may have ruled in favor of the state.


Less Is More: Applying A Modified Reasonable Compensation Standard To Eliminate The Inconsistencies In The Payroll And Net Investment Income Tax Bases, John S. Treu 2014 SelectedWorks

Less Is More: Applying A Modified Reasonable Compensation Standard To Eliminate The Inconsistencies In The Payroll And Net Investment Income Tax Bases, John S. Treu

John S. Treu

The original policy for the implementation of payroll taxes was to impose a tax on wages as both a funding mechanism for, and a limitation to, qualifying for social security. However, the self-employment tax base developed severe inconsistencies with this original policy and among different tax entities by including certain returns on capital investments in the tax base. At present, different payroll tax obligations arise for similarly situated tax payers based solely on the type of entity the owner elects to be taxed as under the check-the-box regulations. These inconsistencies resulted from misguided efforts by congress and the treasury to ...


Exporting Fatca, Joshua D. Blank, Ruth Mason 2014 NELLCO

Exporting Fatca, Joshua D. Blank, Ruth Mason

New York University Law and Economics Working Papers

The Foreign Account Tax Compliance Act (FATCA) represents a powerful response by the United States to flagrant offshore tax evasion. Although the new reporting regime has been criticized as unilateral and extraterritorial, this short article, prepared for a symposium hosted by Pepperdine Law Review, shows that multilateralism and cooperation so far have been the keys to implementing FATCA. In addition to spurring bilateral Intergovernmental Agreements (IGAs) to implement FATCA, and copycat legislation in other jurisdictions, for many countries, the FATCA reporting requirements represent an aspirational new global standard for automatic exchange of information – one that would supplement, if not replace ...


The Economics Of Tax Law, Daniel Shaviro 2014 NELLCO

The Economics Of Tax Law, Daniel Shaviro

New York University Public Law and Legal Theory Working Papers

This working paper is a forthcoming chapter in the Oxford Handbook of Law and Economics, edited by Francesco Parisi. It provides a brief overview of economic issues in tax law, including distribution and efficiency in general, the role of administrative and political economy concerns in an income tax, the choice between income and consumption taxation, the significance of entity-level taxation of corporations, and the issues raised by base-broadening tax reform.


The Economics Of Tax Law, Daniel Shaviro 2014 NELLCO

The Economics Of Tax Law, Daniel Shaviro

New York University Law and Economics Working Papers

This working paper is a forthcoming chapter in the Oxford Handbook of Law and Economics, edited by Francesco Parisi. It provides a brief overview of economic issues in tax law, including distribution and efficiency in general, the role of administrative and political economy concerns in an income tax, the choice between income and consumption taxation, the significance of entity-level taxation of corporations, and the issues raised by base-broadening tax reform.


Analyzing Effects And Implications Of Regulating Charitable Hybrid Forms As Charitable Trusts: Round Peg And A Square Hole?, John E. Tyler III 2014 SelectedWorks

Analyzing Effects And Implications Of Regulating Charitable Hybrid Forms As Charitable Trusts: Round Peg And A Square Hole?, John E. Tyler Iii

John E. Tyler III

One of the principle motivating forces driving the creation, expansion, and use of new formal hybrid business structures is a desire among entrepreneurs, investors/funders, and policymakers to dedicate financial capital and other resources to areas of society that might not be as clearly or easily pursued under traditional forms. People are seeing opportunities to address social problems in new and different ways with financial resources, business models, and compensation structures and incentives not normally targeted to such problems with the same vigor, if at all. They have wanted clearer and simpler legal contexts within which to pursue their purposes ...


Wealth Transfer Tax Planning For 2013 And Beyond, John A. Miller, Jeffrey A. Maine 2014 Brigham Young University Law School

Wealth Transfer Tax Planning For 2013 And Beyond, John A. Miller, Jeffrey A. Maine

BYU Law Review

On January 1, 2013, Congress avoided the tax part of the so-called “fiscal cliff” when it passed the American Taxpayer Relief Act of 2012 (ATRA). Among its many impacts, ATRA prevented the application of a number of sunset provisions that would have dramatically altered the operation of the federal wealth transfer taxes. Instead, Congress made permanent two significant transfer tax provisions introduced as temporary measures in 2010: the $5,000,000 indexed basic exclusion amount and the deceased spousal unused exclusion amount. The latter provisions are sometimes referred to as the portability rules because, in effect, they allow one spouse ...


Financial Disability For All, T. Keith Fogg, Rachel E. Zuraw 2014 The Catholic University of America, Columbus School of Law

Financial Disability For All, T. Keith Fogg, Rachel E. Zuraw

Catholic University Law Review

No abstract provided.


Tearing Out The Income Tax By The (Grass)Roots, Lawrence A. Zelenak 2014 Duke Law

Tearing Out The Income Tax By The (Grass)Roots, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.


A Proposed Replacement Of The Tax Expenditure Concept And A Different Perspective On Accelerated Depreciation, Douglas A. Kahn 2014 University of Michigan Law School

A Proposed Replacement Of The Tax Expenditure Concept And A Different Perspective On Accelerated Depreciation, Douglas A. Kahn

Articles

Over 32 years ago, I published an article on accelerated depreciation in which I concluded that some amount of acceleration was consistent with normal tax principles and should not be classified as a tax expenditure. Over the intervening years, from time to time, I have exchanged comments with authors who have questioned that conclusion. It is time to revisit that topic and renew the consideration of how tax depreciation may properly operate. This Essay’s analysis of depreciation provides one example of how the tax expenditure budgets are flawed. The treatment of some accelerated depreciation as a tax expenditure is ...


United States National Report On Tax Privacy, Joshua D. Blank 2013 NELLCO

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

New York University Public Law and Legal Theory 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 ...


Two Federally Subsidized Health Insurance Programs Are One Too Many: Reconsidering The Federal Income Tax Exclusion For Employer-Provided Health Insurance In Light Of The Patient Protection And Affordable Care Act, Nicholas Drew 2013 Boston College Law School

Two Federally Subsidized Health Insurance Programs Are One Too Many: Reconsidering The Federal Income Tax Exclusion For Employer-Provided Health Insurance In Light Of The Patient Protection And Affordable Care Act, Nicholas Drew

Boston College Law Review

Section 106 of the Internal Revenue Code (I.R.C.) provides a federal income tax exclusion for the value of employer-provided health insurance. This decades-old provision was enacted for the primary purpose of increasing the incidence of health insurance in the United States. Since its adoption, scholars have advanced a number of additional policy considerations in support of preserving this exclusion. The enactment of the Patient Protection and Affordable Care Act (ACA), however, will result in a significant overhaul of the American health care system. As a result, a reexamination of I.R.C. § 106 is warranted. This Note argues ...


Recent Developments & Tax Planning For High Income Taxpayers, Cameron N. Cosby, Brian J. O'Connor 2013 College of William & Mary Law School

Recent Developments & Tax Planning For High Income Taxpayers, Cameron N. Cosby, Brian J. O'Connor

William & Mary Annual Tax Conference

No abstract provided.


Waiting For Perseus: A Sur-Reply To Professors Graetz And Warren, Ruth Mason, Michael S. Knoll 2013 University of Pennsylvania Law School

Waiting For Perseus: A Sur-Reply To Professors Graetz And Warren, Ruth Mason, Michael S. Knoll

Faculty Scholarship

This manuscript responds to Income Tax Discrimination: Still Stuck in a Labyrinth of Impossibility by Professors Michael Graetz and Alvin Warren (121 Yale L.J. 1118). In that article, Professors Graetz and Warren challenge many of the arguments we made in our own article entitled, “What is Tax Discrimination?” (121 Yale L.J. 1014). In our earlier article, we set out to accomplish two goals. First, we sought to identify the principle behind the doctrine of tax discrimination as that doctrine is applied by the U.S. Supreme Court and the Court of Justice of the European Union (ECJ) and ...


United States National Report On Tax Privacy, Joshua D. Blank 2013 NELLCO

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 ...


How Behavioral Economics Trims Its Sails And Why, Ryan Bubb, Richard Pildes 2013 NELLCO

How Behavioral Economics Trims Its Sails And Why, Ryan Bubb, Richard Pildes

New York University Law and Economics Working Papers

This article argues that the preference of behavioral law and economics (BLE) for regulatory approaches that preserve “freedom of choice” has led to incomplete policy analysis and ineffective policy. BLE has been broadly regarded as among the most promising new developments in public policymaking theory and practice. As social science, BLE offers hope that better understanding of actual human behavior will provide a sounder foundation for the design of regulation. As politics, BLE offers a possible political consensus built around minimalist forms of government action commonly known as nudges that preserve freedom of choice. But these two seductive dimensions of ...


Meeting Leads To Changes To Certain Practices In The Tax Court, T. Keith Fogg 2013 Villanova University School of Law

Meeting Leads To Changes To Certain Practices In The Tax Court, T. Keith Fogg

T. Keith Fogg

This article covers a meeting of the ABA Taxation section's Pro Bono members, Tax Court judges, the National Taxpayer Advocate, and representatives from the IRS Office of Chief Counsel. The group discussed a wide range of issues that impact pro se petitioners, who file almost 70% of the Tax Court's cases.


Digital Commons powered by bepress