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Congress Promotes Perpetual Trusts: Why?, Lawrence W. Waggoner 2014 University of Michigan Law School

Congress Promotes Perpetual Trusts: Why?, Lawrence W. Waggoner

Law & Economics Working Papers

This posting updates the article titled Congress Promotes Perpetual Trusts: Why?. The article was originally posted on SSRN in September 2013. The updated version incorporates a discussion of two new developments—the unveiling of the long-awaited House Ways and Means Committee’s proposal for comprehensive tax reform and the issuance of the president’s proposed budget for 2015. Both of these new developments are disappointing because neither proposes curtailing or effectively curtailing perpetual trusts. By unwittingly granting a tax exemption for perpetual trusts, Congress undermined state perpetuity law and promoted private trusts that can last and remain tax exempt for ...


Redevelopment In California: The Demise Of Tif-Funded Redevelopment In California And Its Aftermath, George Lefcoe, Charles W. Swenson 2014 BLR

Redevelopment In California: The Demise Of Tif-Funded Redevelopment In California And Its Aftermath, George Lefcoe, Charles W. Swenson

University of Southern California Legal Studies Working Paper Series

California was the first state to embrace the use of tax increment financing (TIF) for redevelopment, and the first state to abandon it. Both the rise and fall of redevelopment are attributable to the fact that cities and counties sponsoring redevelopment could pledge not just their own share of the property tax increments from redevelopment project areas but also those of the other taxing entities including schools and special districts.

By voter initiative in 1978, California enacted significant limitations on the property tax, cutting property tax revenues by half. The property tax had been the most important revenue source for ...


When Everything Matters, Nothing Matters: Minnesota's Unprincipled Approach For Determining Domicile In Tax Disputes, And A Path Forward, Joseph E. Cooch 2014 Hamline University

When Everything Matters, Nothing Matters: Minnesota's Unprincipled Approach For Determining Domicile In Tax Disputes, And A Path Forward, Joseph E. Cooch

Hamline Law Review

abstract


Winning The Crowd: Harnessing Taxpayer Choices To Improve Educational Quality, W. Edward Afield 2014 The Catholic University of America, Columbus School of Law

Winning The Crowd: Harnessing Taxpayer Choices To Improve Educational Quality, W. Edward Afield

Catholic University Law Review

No abstract provided.


First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton 2014 Touro College Jacob D. Fuchsberg Law Center

First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton

Touro Law Review

No abstract provided.


Puerto Rico: America's Tax Haven Or Not, Jason Sampas 2014 California Western School of Law

Puerto Rico: America's Tax Haven Or Not, Jason Sampas

Jason Sampas

The United States' continually rising tax rates force wealthy individuals, businesses, and entrepreneurs to seek brilliant tax advisors for relief. Rather than spending endless hours searching for a loophole to reduce the high tax rates, they should avoid the United States tax system altogether and take advantage of significant tax benefits by moving to Puerto Rico. Puerto Rico is a United States possession, which is still part of the United States. However, Puerto Rican sourced income is exempt from United States taxation. Additionally, Puerto Rico recently passed aggressive tax legislation to lure wealthy Americans, and their businesses, to relocate. This ...


Puerto Rico: America's Tax Haven Or Not, Jason Sampas 2014 California Western School of Law

Puerto Rico: America's Tax Haven Or Not, Jason Sampas

Jason Sampas

The United States' continually rising tax rates force wealthy individuals, businesses, and entrepreneurs to seek brilliant tax advisors for relief. Rather than spending endless hours searching for a loophole to reduce the high tax rates, they should avoid the United States tax system altogether and take advantage of significant tax benefits by moving to Puerto Rico. Puerto Rico is a United States possession, which is still part of the United States. However, Puerto Rican sourced income is exempt from United States taxation. Additionally, Puerto Rico recently passed aggressive tax legislation to lure wealthy Americans, and their businesses, to relocate. This ...


Puerto Rico: America's Tax Haven Or Not, Jason Sampas 2014 California Western School of Law

Puerto Rico: America's Tax Haven Or Not, Jason Sampas

Jason Sampas

The United States' continually rising tax rates force wealthy individuals, businesses, and entrepreneurs to seek brilliant tax advisors for relief. Rather than spending endless hours searching for a loophole to reduce the high tax rates, they should avoid the United States tax system altogether and take advantage of significant tax benefits by moving to Puerto Rico. Puerto Rico is a United States possession, which is still part of the United States. However, Puerto Rican sourced income is exempt from United States taxation. Additionally, Puerto Rico recently passed aggressive tax legislation to lure wealthy Americans, and their businesses, to relocate. This ...


Puerto Rico: America's Tax Haven Or Not, Jason Sampas 2014 California Western School of Law

Puerto Rico: America's Tax Haven Or Not, Jason Sampas

Jason Sampas

The United States' continually rising tax rates force wealthy individuals, businesses, and entrepreneurs to seek brilliant tax advisors for relief. Rather than spending endless hours searching for a loophole to reduce the high tax rates, they should avoid the United States tax system altogether and take advantage of significant tax benefits by moving to Puerto Rico. Puerto Rico is a United States possession, which is still part of the United States. However, Puerto Rican sourced income is exempt from United States taxation. Additionally, Puerto Rico recently passed aggressive tax legislation to lure wealthy Americans, and their businesses, to relocate. This ...


Puerto Rico: America's Tax Haven Or Not, Jason Sampas 2014 California Western School of Law

Puerto Rico: America's Tax Haven Or Not, Jason Sampas

Jason Sampas

The United States' continually rising tax rates force wealthy individuals, businesses, and entrepreneurs to seek brilliant tax advisors for relief. Rather than spending endless hours searching for a loophole to reduce the high tax rates, they should avoid the United States tax system altogether and take advantage of significant tax benefits by moving to Puerto Rico. Puerto Rico is a United States possession, which is still part of the United States. However, Puerto Rican sourced income is exempt from United States taxation. Additionally, Puerto Rico recently passed aggressive tax legislation to lure wealthy Americans, and their businesses, to relocate. This ...


Puerto Rico: America's Tax Haven Or Not, Jason Sampas 2014 California Western School of Law

Puerto Rico: America's Tax Haven Or Not, Jason Sampas

Jason Sampas

The United States' continually rising tax rates force wealthy individuals, businesses, and entrepreneurs to seek brilliant tax advisors for relief. Rather than spending endless hours searching for a loophole to reduce the high tax rates, they should avoid the United States tax system altogether and take advantage of significant tax benefits by moving to Puerto Rico. Puerto Rico is a United States possession, which is still part of the United States. However, Puerto Rican sourced income is exempt from United States taxation. Additionally, Puerto Rico recently passed aggressive tax legislation to lure wealthy Americans, and their businesses, to relocate. This ...


Puerto Rico: America's Tax Haven Or Not, Jason Sampas 2014 California Western School of Law

Puerto Rico: America's Tax Haven Or Not, Jason Sampas

Jason Sampas

The United States' continually rising tax rates force wealthy individuals, businesses, and entrepreneurs to seek brilliant tax advisors for relief. Rather than spending endless hours searching for a loophole to reduce the high tax rates, they should avoid the United States tax system altogether and take advantage of significant tax benefits by moving to Puerto Rico. Puerto Rico is a United States possession, which is still part of the United States. However, Puerto Rican sourced income is exempt from United States taxation. Additionally, Puerto Rico recently passed aggressive tax legislation to lure wealthy Americans, and their businesses, to relocate. This ...


Exotic Dancing: Taxable Trash Or Exempt Art, John O. Hayward 2014 SelectedWorks

Exotic Dancing: Taxable Trash Or Exempt Art, John O. Hayward

John O. Hayward

Exotic dancers usually embroil themselves in censorship battles with local authorities. But recently they have drawn the attention of tax authorities who have tussled with the owners of so-called “gentlemen’s clubs” over whether the exotic dancing performed in their establishments are subject to taxation. This paper examines two recent cases where state authorities choose to tax exotic dancing while at the same time exempting what some jurists regard as comparable choreographic performances. In the opinion of these commentators, the tax authorities exhibited a bias against low-brow artistic expression, thus engaging in impermissible content discrimination. It advances the proposition that ...


Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo 2014 SelectedWorks

Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo

John Pizzo

No abstract provided.


Summary Of Harrah's V. Nevada Department Of Taxation, 130 Nev. Op. 15, Edward Wynder 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Harrah's V. Nevada Department Of Taxation, 130 Nev. Op. 15, Edward Wynder

Nevada Supreme Court Summaries

The Court considered the meaning of “first use” to determine whether Harrah’s was entitled to a refund of the Nevada use tax under NRS 372.258 for four aircraft it purchased outside Nevada and used to fly employees and clients to Harrah’s properties when most flights either began or ended outside Nevada.


New York’S Taxable Lap Dancing …At A Strip Club Near You!, Harvey Gilmore 2014 Pace University

New York’S Taxable Lap Dancing …At A Strip Club Near You!, Harvey Gilmore

Pace Intellectual Property, Sports & Entertainment Law Forum

In today’s difficult economic times, state governments are more hard pressed than ever to come up with new sources of revenue to at least stay revenue neutral. Leave it to the perpetually money-hungry State of New York to come up with this gem of an idea for generating tax revenues: In 2005, the New York State Department of Taxation and Finance attempted to impose sales tax on a nightclub’s offering of exotic dancing to its customers. This resulted in one nightclub instigating a legal challenge to the state’s attempt to impose sales taxes on exotic dancing. This ...


The Italian Economy And Recession: From France, Germany And Uk New Ideas For An Adequate Fiscal Exit Strategy, Salvatore Villani 2014 SelectedWorks

The Italian Economy And Recession: From France, Germany And Uk New Ideas For An Adequate Fiscal Exit Strategy, Salvatore Villani

Salvatore Villani

During 2012 the downturn has hit the Italian economy to a greater extent than the rest of Europe. In fact, following a slight recovery in the years 2010-2011, there has been a new drastic drop in the GDP, producing the most severe effects in the southern regions of the country, and numerous proposals have been presented to overcome this critical period in the Italian economy. One of them provides for the full abolition of IRAP, to be offset by eventual VAT remodulations. However, this proposal has aroused many criticisms for its possible effects on consumption households and, in general, on ...


The Smokable Goods Tax: Crafting A Constitutional Marijuana Tax, Nima H. Mohebbi, Samuel T. Greenberg 2014 SelectedWorks

The Smokable Goods Tax: Crafting A Constitutional Marijuana Tax, Nima H. Mohebbi, Samuel T. Greenberg

Nima H. Mohebbi

Marijuana legalization and decriminalization has become a hot policy issue. Roughly twenty U.S. states have partially legalized marijuana (generally for medicinal purposes) and two states – Colorado and Washington – have legalized it for general adult recreational use. Given the likely hyper-growth of the cannabis market in view of the possible wide-scale legalization of marijuana, states might enjoy a potential budgetary windfalls from marijuana excise taxes.

Marijuana, however, remains a federally controlled substance, the sale or use of which is subject to substantial penalties. For the states, this presents a potential problem in collecting excise taxes on marijuana – namely, if an ...


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 ...


Turf Wars: Territoriality And The Allocation Of Sales And Use Taxes In California, Kevin Schmitt 2014 SelectedWorks

Turf Wars: Territoriality And The Allocation Of Sales And Use Taxes In California, Kevin Schmitt

Kevin Schmitt

Sales and use tax revenue provides an important source of funding for California’s local governments, particularly its cities. Under the Bradley-Burns Uniform Local Sales and Use Tax Law, local governments may enact sales and use tax ordinances and contract with the state to manage collection and distribution. The current allocation system, known as the situs-based system, provides for distribution to local government based on the physical location of the retailer. Although such a system has logical appeal, in practice it has proven highly problematic, promoting unproductive competition among local governments for scarce revenue.

Reform of the situs-based allocation process ...


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