Systemic Problems With Low-Dollar Lien Filing, 2011 Villanova Law School
Systemic Problems With Low-Dollar Lien Filing, T. Keith Fogg
T. Keith Fogg
This article explains why the IRS policy of filing the notice of federal tax lien based primarily on a dollar criteria puts low-income taxpayers, who usually have low-dollar liens, in a worse position. It also proposes improvements on the current system.
The New Super-Charged Pat (Power Of Appointment Trust), 2011 University of Baltimore School of Law
The New Super-Charged Pat (Power Of Appointment Trust), Wendy G. Gerzog
All Faculty Scholarship
This article proposes to repeal the QTIP provisions in order to collect revenue now for transfers that are essentially transfers to third parties and not to the decedent's spouse. Because there are advantages of increased flexibility attendant to a QTIP as opposed to a PAT, this article proposes to take those repealed QTIP benefits and attach them to the PAT, which would greatly enhance that marital deduction trust form. A super-charged PAT would thereby be able to preserve the decedent's GST tax exemption (like a reverse QTIP), create a decedent's by-pass trust by allowing a PAT (or a partial PAT) …
Cohen: Hard Case Makes (Semi) Bad Law, 2011 Florida State University College of Law
Cohen: Hard Case Makes (Semi) Bad Law, Steve R. Johnson
Scholarly Publications
The first Justice Harlan famously cautioned that hard cases can lead to bad law. United States v. Clark, 96 U.S. 37, 49 (1878) (dissenting opinion). This aphorism captures the reality that, when confronted with litigating equities strongly favoring one party, judges tend to massage doctrine to support judgment for that party.
The Unaffordable Health Act: A Response To Professors Bagley And Horwitz, 2011 Florida State University College of Law
The Unaffordable Health Act: A Response To Professors Bagley And Horwitz, Jeffrey H. Kahn, Douglas A. Kahn
Scholarly Publications
No abstract provided.
Excluding Expert Valuation Testimony, 2011 University of Baltimore School of Law
Excluding Expert Valuation Testimony, Wendy G. Gerzog
All Faculty Scholarship
In Boltar, a case in which the Tax Court addressed the valuation of a conservation easement, the court ruled on the admissibility of expert testimony.
Generalidades De La Propiedad Intelectual En México, 2011 ITESM Campus Puebla
Generalidades De La Propiedad Intelectual En México, Bruno L. Costantini García
Bruno L. Costantini García
Presentación de las Generalidades de la Propiedad Intelectual en México (Propiedad Industrial y Derechos de Autor), legislación que la rige, aplicación y modalidades
United States V. Textron: The Right Answer To A Billion-Dollar Question, 2011 Washington and Lee University School of Law
United States V. Textron: The Right Answer To A Billion-Dollar Question, Ned Hillenbrand
Washington and Lee Law Review
No abstract provided.
Beyond Territoriality And Deferral: The Promise Of "Managed And Controlled", 2011 University of Michigan Law School
Beyond Territoriality And Deferral: The Promise Of "Managed And Controlled", Reuven S. Avi-Yonah
Articles
In the new version of his Stop Tax Haven Abuse Act, Sen. Carl Levin, D-Mich., once again proposed to modify the definition of residence for domestic corporations (IRC section 7701). Section 103 of the act seeks to: stop companies run from the United States claiming foreign status by treating foreign corporations that are publicly traded or have gross assets of $50 million or more and whose management and control occur primarily in the United States as U.S. domestic corporations for income tax purposes. [Emphasis in original.] This is not a new suggestion. In response to the inversions of the early …
Technology Solves Mtic - Vln, Rtvat, D-Vat Certification, 2011 Boston University School of Law
Technology Solves Mtic - Vln, Rtvat, D-Vat Certification, Richard Thompson Ainsworth
Faculty Scholarship
Technology solves missing trader intra-community (MTIC) fraud. This should come as no surprise. MTIC is technology-intensive fraud – its solution should also be technology-intensive.
MTIC is getting to be an out-dated term. Now that missing trader fraud has move into services it is no longer confined to intra-community trade, and the older acronym should be adjusted to MTIC/MTEC fraud (with MTEC standing for missing trader extra-community).
MTIC/MTEC fraud is fully digitized (the supply, the movement of the supply, and the funding). The consequences should be clear. MTIC/MTEC must be prevented (before the fact), not pursued (after the fact). In the …
La Jurisprudencia En México, 2011 ITESM Campus Puebla
La Jurisprudencia En México, Bruno L. Costantini García
Bruno L. Costantini García
Breve presentación de la jurisprudencia en México, su aplicación, objetivos y fines para el Derecho Mexicano. ¿Por qué es util para el derecho? ¿Quién la emite?
Notariado Y Correduria Y Su Registro En México, 2011 ITESM Campus Puebla
Notariado Y Correduria Y Su Registro En México, Bruno L. Costantini García
Bruno L. Costantini García
Introducción al Derecho Notarial y Registral en México, cuyo objeto es conocer los elementos de las figuras del notario y del corredor público, la formalización de sus actos y su registro.
New Light On Auer/Seminole Rock Deference, 2011 Florida State University College of Law
New Light On Auer/Seminole Rock Deference, Steve R. Johnson
Scholarly Publications
We have been engaged in an extended exploration of doctrines under which courts may defer to positions and interpretations by state and local tax agencies. The immediately prior installment of this column discusses such deference under state equivalents of what is known as the Auer or Seminole Rock principle, under which courts usually defer to agency interpretations of the agencies’ own ambiguous regulations.
About two weeks after the publication of that installment, the U.S. Supreme Court handed down a major new decision on the Auer principle: Talk America, Inc. v. Michigan Bell Telephone Co. Talk America bids fair to be …
Comments On Procedures Regarding Ex Parte Communications With Appeals, 2011 Texas A&M University School of Law
Comments On Procedures Regarding Ex Parte Communications With Appeals, Robert D. Probasco, Joel N. Crouch, Stephanie D. Mongiello
Robert Probasco
The Unreasonable Case For A Reasonable Compensation Standard In The Public Company Context: Why It Is Unreasonable To Insist On Reasonableness, 2011 University at Buffalo School of Law
The Unreasonable Case For A Reasonable Compensation Standard In The Public Company Context: Why It Is Unreasonable To Insist On Reasonableness, Stuart G. Lazar
Journal Articles
There is no question that corporate executives are well paid. But does high executive compensation mean excessive or unreasonable compensation? And if so, what is the solution to curbing the problem of excessive executive pay? More specifically, should the Internal Revenue Code be used as a means for regulating the actions of public companies?
This Article briefly explores these issues. In Part I, this Article provides a narrative of the excessive compensation debate. Without drawing a conclusion as to whether executive compensation is reasonably set or excessive in nature, Part I summarizes the history of public outrage surrounding executive pay. …
Money On The Table: Why The U.S. Should Tax Inbound Capital Gains, 2011 University of Michigan Law School
Money On The Table: Why The U.S. Should Tax Inbound Capital Gains, Reuven S. Avi-Yonah
Articles
On March 21, 2011, AT&T announced that it will buy T-Mobile from Deutsche Telekom for $39 billion. This transaction will be tax free to Deutsche Telekom (DT) not because it qualifies as a reorganization, but because DT is a foreign corporation and capital gains of nonresidents are generally not subject to U.S. taxation because they are deemed to be foreign source. Also, DT is protected from taxation by article 13(5) of the Germany-U.S. tax treaty, which provides that capital gains are generally taxable only by the country of residence.
Federal Taxation, 2011 Mercer University School of Law
Federal Taxation, Augustus N. Makris
Mercer Law Review
This Article surveys certain federal tax cases decided by courts in the Eleventh Circuit in 2010. There were no significant decisions. The case of Ocmulgee Fields, Inc. v. Commissioner addressed the applicability of section 1031(f)(4) of the Internal Revenue Code (I.R.C.) to likekind exchanges. The case of United States v. Fort involved a partner who, in exchange for his interest in an acquired partnership, received shares of the acquiring corporation subject to certain restrictions. The issue was whether the restrictions permitted the partner to exclude the shares from gross income when received. The case of Southern Family Insurance Co. v. …
Three Cheers For Passthrough Taxation, 2011 Brooklyn Law School
Three Cheers For Passthrough Taxation, Bradley T. Borden
Bradley T. Borden
This report addresses recent suggestions by the Obama administration, lawmakers, and others that some passthrough entities should be taxed as corporations. It argues that passthrough taxation is the correct regime, from a technical standpoint, for many business arrangements. Applying an entity tax to those structures would be inappropriate. The report argues that an entity tax would violate notions of equity by treating members of passthrough entities differently from individuals. Next it demonstrates that a tax on passthrough entities would shift a greater share of the tax burden to middle-income individuals. Finally, the report encourages the administration and lawmakers to increase …
Renovating? Donate Your Scrap And Get A Deduction, 2011 San Jose State University
Renovating? Donate Your Scrap And Get A Deduction, Shreyasee Patil
The Contemporary Tax Journal
No abstract provided.
Real Estate Professionals: Beware, 2011 San Jose State University
Real Estate Professionals: Beware, Shreyasee Patil
The Contemporary Tax Journal
No abstract provided.
Front Matter (Letter From The Editor, Masthead, Etc.), 2011 San Jose State University
Front Matter (Letter From The Editor, Masthead, Etc.), Tim Kelly
The Contemporary Tax Journal
No abstract provided.