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Defending Worldwide Taxation With A Shareholder-Based Definition Of Corporate Residence, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay Dec 2016

Defending Worldwide Taxation With A Shareholder-Based Definition Of Corporate Residence, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay

BYU Law Review

This Article argues that a principled, efficient, and practical definition of corporate residence is necessary even if some form of corporate integration is adopted, and that such a definition is a key element in designing either a real worldwide or a territorial income tax system as well as a potential restraint on the inversion phenomenon. The Article proposes that the United States adopt a shareholder-based definition of corporate residence that is structured as follows: 1. A foreign corporation is a U.S. tax resident for any year if fifty percent or more of its shares, determined by vote or value, was …


The Other Eighty Percent: Private Investment Funds, International Tax Avoidance, And Tax-Exempt Investors, Omri Marian Dec 2016

The Other Eighty Percent: Private Investment Funds, International Tax Avoidance, And Tax-Exempt Investors, Omri Marian

BYU Law Review

The taxation of private equity managers’ share of funds’ profits—the twenty percent “carried interest”—received much attention in academic literature and popular discourse. Much has been said and written about the fact that fund managers’ profits are taxed at preferred rates. But what about the other eighty percent of funds’ profits? This Article theorizes that the bulk of such profits are never taxed. This is a result of a combination of three factors: First, private equity, venture capital, and hedge funds (collectively, Private Investment Funds, or “PIFs”) are major actors in cross-border investment activity. This enables PIFs to take advantage of …


Developing Countries In An Age Of Transparency And Disclosure, Diane Ring Dec 2016

Developing Countries In An Age Of Transparency And Disclosure, Diane Ring

BYU Law Review

No abstract provided.


Inversions, Related Party Expenditures, And Source Taxation: Changing The Paradigm For The Taxation Of Foreign And Foreign-Owned Businesses, Julie A. Roin Dec 2016

Inversions, Related Party Expenditures, And Source Taxation: Changing The Paradigm For The Taxation Of Foreign And Foreign-Owned Businesses, Julie A. Roin

BYU Law Review

The disconnect between the rules for the taxation of domestic businesses and foreign and foreign-owned businesses operating in the United States both diminishes the federal treasury and distorts taxpayer and business behavior. Yet bringing the sets of rules into closer coordination is no simple task. This Article examines many of the solutions proffered in the academic literature and details the difficulties and trade-offs that each entails.


The Foreign Tax Credit War, Bret Wells Dec 2016

The Foreign Tax Credit War, Bret Wells

BYU Law Review

The government has been involved in a sustained war against objectionable foreign tax credit transactions. This war has caused the U.S. foreign tax credit regime to be riddled with complexity that spawns incoherent outcomes. The complexity contained in section 901 was created due to a legitimate concern: the threats posed by objectionable transactions that artificially generate excess foreign tax credits represent real policy problems. Since at least 1975, Congress and the Treasury Department have been convinced that the cross-crediting of excess foreign tax credits arising from “objectionable transactions” required a response in addition to simply relying on section 904. Thus, …


State Of Utah, Plaintiff/Petitioner, V Ahn Tuam Pham, Defendant/Petitioner, Utah Supreme Court Dec 2016

State Of Utah, Plaintiff/Petitioner, V Ahn Tuam Pham, Defendant/Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals


Richard M. La Jeunesse V. Utah, Utah Supreme Court Dec 2016

Richard M. La Jeunesse V. Utah, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

In the Third District Court, in and for Salt Lake County, State of Utah; Respondent's Trial Brief


Everett P. Wilson Jr. And Darla Wilson, Appellees/Respondents, And Educators Mutual Insurance Association, Appellant/Petitioner, Vs. Cade M. Krueger, Defendant, Utah Supreme Court Dec 2016

Everett P. Wilson Jr. And Darla Wilson, Appellees/Respondents, And Educators Mutual Insurance Association, Appellant/Petitioner, Vs. Cade M. Krueger, Defendant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

From the Utah Court of Appeals February 25, 2016 ruling reversing the Final Decision of the Utah Fourth Judicial District Court


Fire Insurance Exchange, Respondent, Vs. Robert Allen Oltmanns, Petitioner., Utah Supreme Court Dec 2016

Fire Insurance Exchange, Respondent, Vs. Robert Allen Oltmanns, Petitioner., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from Judgment of the Utah Court of Appeals, 2016 UT App 54


Enervest, Ltd. Successor In Interest To Bill Barrett Corp., Appellant, Vs. Michael Carson, Appellee, Utah Supreme Court Dec 2016

Enervest, Ltd. Successor In Interest To Bill Barrett Corp., Appellant, Vs. Michael Carson, Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a summary judgment of the Eighth District Court, Judge Samuel P. Chiara


Enervest, Ltd., Appellant, V. Utah State Engineer, And Michael Carlson, Appellees, Utah Supreme Court Dec 2016

Enervest, Ltd., Appellant, V. Utah State Engineer, And Michael Carlson, Appellees, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Eighth Judicial District Court, in and for Duchesne County, State of Utah, Honorable Judge Samuel P. Chiara, District Court Judge


Jordan Construction, Inc Third-Party Plaintiff And Appellant, V. Federal National Mortgage Association, Third-Party Defendant And Appellee, Utah Supreme Court Dec 2016

Jordan Construction, Inc Third-Party Plaintiff And Appellant, V. Federal National Mortgage Association, Third-Party Defendant And Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Fourth Judicial District Court, Utah County, Honorable Christine S. Johnson, District Court No. 080104364


The State Of Utah, Appellee-Respondent, Vs. Dennis J Garcia, Appellant-Petitioner, Utah Supreme Court Dec 2016

The State Of Utah, Appellee-Respondent, Vs. Dennis J Garcia, Appellant-Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Certiorari review of a decision of the Utah Court of Appeals 2016 UT App 96 [issued 12 May 2016]; Appeal from a decistion of the Third Judicial District Court in and for Salt Lake County, The Honorable Randall Skanchy, District Judge


Fire Insurance Exchange, Plaintiff And Appellee, V. Robert Allen Otmanns, Defendant And Appellant., Utah Supreme Court Dec 2016

Fire Insurance Exchange, Plaintiff And Appellee, V. Robert Allen Otmanns, Defendant And Appellant., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM A JUDGMENT OF THE UTAH.COURT OF AFPEALS, 2016 UT App 54


Gorl:>Ondooglas Womack, Petitioner!Appellani,' Vs. , St:J\Cy Lee'. Womack Lea Vitt And Nicholle Womack }Ibndrjcksoni, Respo11dents/ Ap,Pellees., Utah Supreme Court Dec 2016

Gorl:>Ondooglas Womack, Petitioner!Appellani,' Vs. , St:J\Cy Lee'. Womack Lea Vitt And Nicholle Womack }Ibndrjcksoni, Respo11dents/ Ap,Pellees., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

WRIT OF CERTIORARI·OF THE UTAH COURT OF APPEAL'S


Gordon Douglas Womack, Appellant/Petitioner V. Stacey Lee Womack Leavitt And Nicholle Womack Hendricksom, Respondents/Appellees : Brief Of Appellees, Utah Supreme Court Dec 2016

Gordon Douglas Womack, Appellant/Petitioner V. Stacey Lee Womack Leavitt And Nicholle Womack Hendricksom, Respondents/Appellees : Brief Of Appellees, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Writ of Certiorari of the Utah Court of Appeal's Opinion Affirming the Eighth Judicial District, Duchesne County The Honorable Samuel P. Chiara


State Of Utah, Plaintiff/Petitioner, V. Thomas Randall Ainsworth, Defendant/Respondent., Utah Supreme Court Dec 2016

State Of Utah, Plaintiff/Petitioner, V. Thomas Randall Ainsworth, Defendant/Respondent., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals


Zions First Naitonal Bank, Plaintiff-Appelle, V. Shayne D. Crapo, Defendant-Appellant., Utah Supreme Court Dec 2016

Zions First Naitonal Bank, Plaintiff-Appelle, V. Shayne D. Crapo, Defendant-Appellant., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Third District Court, Salt Lake County, from an Order Granting Summary Judgment Before Honorable Barry Lawrence


Zions First Naitonal Bank, Plaintiff-Appelle, V. Shayne D. Crapo, Defendant-Appellant., Utah Supreme Court Dec 2016

Zions First Naitonal Bank, Plaintiff-Appelle, V. Shayne D. Crapo, Defendant-Appellant., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Third District Court, Salt Lake County, from an Order Granting Summary Judgment Before Honorable Barry Lawrence


Jillian Scott Appellant, V Bradley Scott, Appellee., Utah Supreme Court Dec 2016

Jillian Scott Appellant, V Bradley Scott, Appellee., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals


Jillian Scott Appellant, V Bradley Scott, Appellee., Utah Supreme Court Dec 2016

Jillian Scott Appellant, V Bradley Scott, Appellee., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals


Jillian Scott Appellant, V Bradley Scott, Appellee., Utah Supreme Court Dec 2016

Jillian Scott Appellant, V Bradley Scott, Appellee., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals


Erik Jensen, Appellee, V. Intermountain Healthcare, Inc., Ihc Health Services, Inc. Dba Lds Hospital, And Ihc Health Services, Inc. Dba Intermountain Medical Group, Appellants., Utah Supreme Court Dec 2016

Erik Jensen, Appellee, V. Intermountain Healthcare, Inc., Ihc Health Services, Inc. Dba Lds Hospital, And Ihc Health Services, Inc. Dba Intermountain Medical Group, Appellants., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the interlocutory order of the Third Judicial District Court, Salt lake County, Honorable barry G. Lawrence, District Court No. 150900735


2010-1 Radc/Cadc Venture, Llc, As Succesors In Interest Ot America West Bank, Plaintiff And Appelle, V. Dos Lagos, Llc, A Utah Limited Liability Company, Mellon Valley, Llc, A Utah Limitied Liability Company, Roland Neil Family Limited Partnership; Roland N. Walker, An Individual And Sally Walker, An Individual, Defendants And Appellants, Utah Supreme Court Dec 2016

2010-1 Radc/Cadc Venture, Llc, As Succesors In Interest Ot America West Bank, Plaintiff And Appelle, V. Dos Lagos, Llc, A Utah Limited Liability Company, Mellon Valley, Llc, A Utah Limitied Liability Company, Roland Neil Family Limited Partnership; Roland N. Walker, An Individual And Sally Walker, An Individual, Defendants And Appellants, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Utah Court of Appeals


State Of Utah, Plaintiff/Petitioner, V. James Christopher Mccallie, Defendant/Respondent., Utah Supreme Court Dec 2016

State Of Utah, Plaintiff/Petitioner, V. James Christopher Mccallie, Defendant/Respondent., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals


State Of Utah, Plaintiff/Petitioner, V Ahn Tuam Pham, Defendant/Petitioner, Utah Supreme Court Dec 2016

State Of Utah, Plaintiff/Petitioner, V Ahn Tuam Pham, Defendant/Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals


Thomas D. Boyle, Respondent/Appellee V. Clyde Snow & Sessions, P.C., Petitioner/Appellant, Utah Supreme Court Dec 2016

Thomas D. Boyle, Respondent/Appellee V. Clyde Snow & Sessions, P.C., Petitioner/Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals


Thomas D. Boyle, Respondent/Appellee V. Clyde Snow & Sessions, P.C., Petitioner/Appellant, Utah Supreme Court Dec 2016

Thomas D. Boyle, Respondent/Appellee V. Clyde Snow & Sessions, P.C., Petitioner/Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Writ of Certiorari to the Utah Court of Appeals


Lisa Penunuri And Barry Siegwart, Plaintiffs/ Appellants, Vs. Sundance Partners, Ltd; Sundance Holdings, Llc; Sundance Development Corp; Robert Redford; Redford 1970 Trust; Rock Mountain Outfitters, L.C.; And Does I-X. Defendants And Appellees., Utah Supreme Court Dec 2016

Lisa Penunuri And Barry Siegwart, Plaintiffs/ Appellants, Vs. Sundance Partners, Ltd; Sundance Holdings, Llc; Sundance Development Corp; Robert Redford; Redford 1970 Trust; Rock Mountain Outfitters, L.C.; And Does I-X. Defendants And Appellees., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

ON CERTIORARI FROM UTAH COURT OF APPEALS The Honorable Frederick Voros, Presiding


Kari L. Baumann, Plaintiff/Appellant, V. The Kroger Company Dba Smith's Pharmacy #40063; And Gregory P. Tayler, M.D., Defendants/Appellees, Utah Supreme Court Dec 2016

Kari L. Baumann, Plaintiff/Appellant, V. The Kroger Company Dba Smith's Pharmacy #40063; And Gregory P. Tayler, M.D., Defendants/Appellees, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM UTAH COURT OF APPEALS AFFIRMING ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND ORDER OF FINAL JUDGMENT ENTERED IN THE FOURTH DISTRICT COURT, WASATCH COUNTY, STATE OF UTAH, THE HONORABLE FRED D. HOWARD PRESIDING ORAL ARGUMENT REQUESTED