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2,094 full-text articles. Page 44 of 49.

Multiple-Entity Planning To Reduce Self-Employment Taxes: Recent Cases Demonstrate The Pitfalls And How To Avoid Them, Timothy Todd 2010 Liberty University

Multiple-Entity Planning To Reduce Self-Employment Taxes: Recent Cases Demonstrate The Pitfalls And How To Avoid Them, Timothy Todd

Timothy M. Todd

Tax practitioners use S corporations to mitigate self-employment taxes by classifying only a portion of entity distribution as wages and classifying the rest as dividends. This article analyzes recent cases where courts have invalidated attempts to lessen the burden of employment taxes by multiple-entity planning with the use of pass-through entities. This article focuses on two common practitioner flaws -- (1) deficiencies in salary setting procedures, and (2) deficiencies in multiple-entity planning. The article demonstrates the importance of setting a reasonable salary by documented procedures in S corporation taxation. The article also demonstrates how multiple-entity planning can be more effective by ...


Tax Collection: Procedure And Strategies, T. Fogg 2010 Villanova Law School

Tax Collection: Procedure And Strategies, T. Fogg

T. Keith Fogg

No abstract provided.


Relief For Taxpayers From The Federal Tax Lien, T. Fogg 2010 Villanova Law School

Relief For Taxpayers From The Federal Tax Lien, T. Fogg

T. Keith Fogg

No abstract provided.


An "Outside Limit" For Refund Suits: The Case Against The Tax Exception To The Six-Year Bar On Claims Against The Government, Adam Gustafson 2010 Yale Law School

An "Outside Limit" For Refund Suits: The Case Against The Tax Exception To The Six-Year Bar On Claims Against The Government, Adam Gustafson

Adam R.F. Gustafson

Longstanding judicial precedent and the official position of the IRS agree that federal tax refund suits are limited only by the two-year statute of limitations of § 6532(a)(1) of the Internal Revenue Code, which is triggered only when the IRS mails the claimant a notice of disallowance. This Article contends that tax refund litigation is also governed by the six-year limitation of 28 U.S.C. § 2401(a) on “every civil action commenced against the United States,” which is triggered upon the accrual of a claim. The Supreme Court alluded to this dual-limitation scheme in 2008 in United States ...


Skills And Values: Federal Income Tax, Michelle Drumbl, Deborah Kearns 2010 Washington and Lee University School of Law

Skills And Values: Federal Income Tax, Michelle Drumbl, Deborah Kearns

Michelle L Drumbl

No abstract provided.


Notional Generosity, Josh Eagle 2010 University of South Carolina

Notional Generosity, Josh Eagle

Josh Eagle

This article explores a phenomenon that might be called “gift-form generosity”: people earning similar amounts of income are more willing to part with a dollar’s worth of one kind of property than another. Among all income groups, the form of property with which charitable donors are most willing to part is the “conservation easement.” Data show, for example, that the average charitable easement donation is more than 100 times greater in value than the total, annual charitable contribution made by the average American taxpayer. Why are donors so willing to part with conservation easements? The answer may lie in ...


Transparency In Private Collection Of Federal Taxes, T. Keith Fogg 2010 Villanova Law School

Transparency In Private Collection Of Federal Taxes, T. Keith Fogg

T. Keith Fogg

Most federal taxes are collected from taxpayers by business entities, held in a public trust for the United States, and then paid over to the Internal Revenue Service (the IRS). While the vast majority of business entities pay over the taxes held in trust in a timely and appropriate manner, a sizeable amount, in dollar terms, does not get paid. The amount of unpaid "collected" taxes in 2008 created a $58 billion tax gap item.

Disclosure law governing federal taxes defaults to non-disclosure for most tax returns. This general rule of non-disclosure governs the returns reporting the taxes collected by ...


Rationalizing Tax Law By Breaking The Addiction To Economic Substance, Allen Madison 2010 University of South Dakota School of Law

Rationalizing Tax Law By Breaking The Addiction To Economic Substance, Allen Madison

Allen Madison

This article presents a critique of the economic substance doctrine and suggests an alternative. The economic substance doctrine under certain circumstances overrides the technical provisions of the Internal Revenue Code. Congress recently incorporated into the Code a version similar to the court-developed doctrine. Whether authorized by the court or authorized by statute, however, the doctrine makes our tax laws vague, uncertain, and fallacious. Therefore, the doctrine should be abandoned. A more appropriate tool for curbing questionable tax planning is the use of statutory risk requirements. This article provides some suggestions for developing such requirements. The article concludes that statutory risk ...


Irs Breaks With Tax Court On Deduction Limits, Kimberly Stanley 2010 Golden Gate University School of Law

Irs Breaks With Tax Court On Deduction Limits, Kimberly Stanley

Publications

The deduction of home mortgage interest is one of the most valuable and hotly debated benefits provided in the tax code to individuals. Since 1987, the code has restricted the interest deduction based on the amount of home mortgage debt the taxpayer has incurred, and the reasons for the debt. In a recent ruling, however, the Internal Revenue Service announced it would not follow a court ruling that limited the amount of deductible home mortgage interest — noteworthy because this time the IRS ruled in the taxpayer's favor.


Can Tax Expenditure Analysis Be Divorced From A Normative Tax Base?: A Critique Of The 'New Paradigm' And Its Denouement, J. Clifton Fleming Jr., Robert J. Peroni 2010 BYU Law

Can Tax Expenditure Analysis Be Divorced From A Normative Tax Base?: A Critique Of The 'New Paradigm' And Its Denouement, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

Tax expenditure analysis (TEA) requires a baseline for identifying tax provisions that provide subsidies or incentives instead of serving to define the tax base and to implement the tax. With respect to the federal income tax, the baseline historically has been the Schanz-Haig-Simons (SHS) definition of income with a few modifications. Critics have continuously and strongly attacked TEA by characterizing the SHS baseline as unprincipled, imprecise, and insufficiently related to our hybrid income/consumption tax system as it actually exists. Since the baseline is hopelessly defective, so the critics argue, TEA is fatally dysfunctional and the results of its application ...


Recessions And The Social Safety Net: The Alternative Minimum Tax As A Counter-Cyclical Fiscal Stabilizer, Brian Galle, Jonathan Klick 2010 Florida State University

Recessions And The Social Safety Net: The Alternative Minimum Tax As A Counter-Cyclical Fiscal Stabilizer, Brian Galle, Jonathan Klick

Faculty Scholarship

As recent events illustrate, state finances are procyclical: during recessions, state revenues crash, worsening the effects of economic downturns. This problem is well known, yet persistent. We argue here that, in light of predictable federalism and political economy dynamics, states will be unable to change this situation on their own. Additionally, we note that many possible federal remedies may result in worse problems, such as by creating moral hazard that would induce states to take on excessively risky policy, both fiscal and otherwise. Thus, we argue that policymakers should consider so-called “automatic” stabilizers, such as are found in the federal ...


Tilted Versus Reasonable Interpretation Of Tax Law, Steve R. Johnson 2010 Florida State University College of Law

Tilted Versus Reasonable Interpretation Of Tax Law, Steve R. Johnson

Scholarly Publications

In part, Interpretation Matters is about the craft of advocacy, how statutory interpretation arguments can be effectively made – and effectively countered – in state and local tax cases. For example, when one’s opponent in such a case invokes one or another of the canons of construction, how is that canon to be blunted?

One strategy we often have explored is fighting fire with fire – that is, identifying and asserting another recognized canon that leads to an opposite conclusion. One of the most famous articles on statutory interpretation arrayed dozens of pairs of canons that seemingly contradict each other. Thus, we ...


Form 8283 And Instructions, 2010 College of William & Mary Law School

Form 8283 And Instructions

William & Mary Annual Tax Conference

No abstract provided.


Roth Ira Conversions Ii: Beyond The Basics (Slides), Mitchell A. Drossman 2010 College of William & Mary Law School

Roth Ira Conversions Ii: Beyond The Basics (Slides), Mitchell A. Drossman

William & Mary Annual Tax Conference

No abstract provided.


Converting To A Roth Ira - 2010 And Beyond (Slides), Mitchell A. Drossman 2010 College of William & Mary Law School

Converting To A Roth Ira - 2010 And Beyond (Slides), Mitchell A. Drossman

William & Mary Annual Tax Conference

No abstract provided.


Roth Iras Planning For 2010...And Beyond, Mitchell A. Drossman, Lester B. Law 2010 College of William & Mary Law School

Roth Iras Planning For 2010...And Beyond, Mitchell A. Drossman, Lester B. Law

William & Mary Annual Tax Conference

No abstract provided.


Ten Tax Strategies For Compensating Your Key Employees, Catherine M. Marriott 2010 College of William & Mary Law School

Ten Tax Strategies For Compensating Your Key Employees, Catherine M. Marriott

William & Mary Annual Tax Conference

No abstract provided.


Recent Developments In Federal Income Taxation, Ira B. Shepard 2010 College of William & Mary Law School

Recent Developments In Federal Income Taxation, Ira B. Shepard

William & Mary Annual Tax Conference

This recent developments outline discusses, and provides context to understand the significance of, the most important judicial decisions and administrative rulings and regulations promulgated by the Internal Revenue Service and Treasury Department during the most recent twelve months - and sometimes a little farther back in time if we find the item particularly humorous or outrageous. Most Treasury Regulations, however, are so complex that they cannot be discussed in detail and, anyway, only a devout masochist would read them all the way through; just the basic topic and Jundamental principles are highlighted - unless one of us decides to go nuts and ...


Panelist, Oecd Conference On Intangibles, Hugh Ault 2010 Boston College Law School

Panelist, Oecd Conference On Intangibles, Hugh Ault

Hugh J. Ault

No abstract provided.


Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García 2010 ITESM Campus Puebla

Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García

Bruno L. Costantini García

De origen, difundir los diversos esquemas permitidos por la Ley para posibilitar la realización de proyectos con fines inmobiliarios, a efecto de que los núcleos agrarios y sus integrantes se beneficien equitativamente de la urbanización de sus tierras, coadyuvando con ello al desarrollo urbano planificado y ordenado de los centros de población del Estado de Puebla; como consecuencia, impulsar el desarrollo habitacional equilibrado de éste. Eliminar el circulo.- “necesidad de tierra – asentamiento irregular – solución de conflicto”, mediante la planeación socioeconómico de los núcleos agrarios ejidales y comunales, a fin de diseñar un mecanismo eficaz que satisfaga las necesidades de los ...


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