Law Commons^™

On Tax Increase Limitations: Part I - A Costly Incoherence, David Gamage, Darien Shanske

David Gamage

In this essay, the first of a series, we explore the theoretical implications of one particular type of fiscal limitation on state legislatures - namely, special rules limiting tax increases. In this first essay we will explore the analytic soundness of these tax increase limitations (TILs). In future essays in this series we will analyze some of the consequences of TILs and in particular how they can be 'evaded.' We will argue over the course of this series of essays that because there is no meaningful content to the term 'tax increase' as it is used in TILs, legislative majorities …

The Case For Reducing The Market Salience Of Taxation, David Gamage, Darien Shanske

David Gamage

This paper considers a narrow but important question that has arisen in the literature on tax salience. Contrary to the predictions of neoclassical economic theory, a number of studies have demonstrated that, in response to certain presentations of tax prices, consumers do not always fully factor tax costs into their market decisions. This result indicates that policy makers could opt for tax price presentation techniques that would reduce the market salience of taxation, thereby likely also reducing the deadweight loss otherwise caused by taxpayers distorting their behavior to avoid taxation. Assuming that these experimental results are sound, and bracketing the …

Testamentary Substitutes—A Time For Statutory Clarification, Sidney Kwestel, Rena Seplowitz

Rena C. Seplowitz

No abstract provided.

Testamentary Substitutes—A Time For Statutory Clarification, Sidney Kwestel, Rena Seplowitz

Sidney Kwestel

No abstract provided.

The U.S. Consumption Tax: Evolution, Not Revolution, Daniel Goldberg

Daniel S. Goldberg

The article expresses the view that the current Internal Revenue Code has evolved into a hybrid income tax and consumption tax. It begins by explaining the difference between an income tax and a consumption tax and provides the backgrounds of the alternative forms of consumption tax: (1) consumed income, (2) yield exemption, and (3) point-of-sale taxation. Under the consumed income tax model of consumption tax, the individual taxpayer includes all items of income, both from labor and from capital, in its tax base, and then subtracts or deducts the portion of that income that he saves or invests. The resulting …

Fair Market Value In The Tax Law: Replacement Value Or Liquidation Value, Daniel Goldberg

Daniel S. Goldberg

No abstract provided.

Tax Subsidies: One-Time Vs. Periodic An Economic Analysis Of The Tax Policy Alternatives, Daniel Goldberg

Daniel S. Goldberg

No abstract provided.

Tax Planning For Interest After Tra 1984: Unstated Interest And Original Issue Discount, Daniel Goldberg

Daniel S. Goldberg

No abstract provided.

O Que É Pior, Flutuações Fiscais Ou Flutuações De Gastos? (In Portuguese) (Which Is Worse, Tax Fluctuations Or Spending Fluctuations?) (In English), David Gamage

David Gamage

The English version of this paper can be found at http://ssrn.com/abstract=1622502.

O aspecto normativo central da teoria de alocacao de riscos e o principio da dispersao dos riscos: mantendo-se constantes as demais variaveis, riscos dispersos sao menos prejudiciais do que os riscos concentrados e uma maneira de alcancar essa dispersao e atraves do ajustamento das taxas dos impostos. Entretanto, nem todos os ajustes de taxas de impostos dispersam riscos eficientemente: uma maior dispersao de risco e alcancada pelo ajuste das taxas de impostos de base ampla, pois a flutuacao das axas de um imposto estrito estaria a cargo apenas de …

Effectively Representing Your Client Before The Irs, 5th Edition, T. Keith Fogg, Editor-In-Chief, T. Fogg

T. Keith Fogg

"Effectively Representing Your Client Before the IRS is a comprehensive collection of everything a tax professional should know when dealing with the IRS. Written by some of the most experienced tax controversy lawyers in the United States, it not only provides an in-depth discussion of the law, but is replete with realistic examples and hundreds of practice tips to aid tax practitioners during all stages of representation before the IRS in controversy matters, including exam, appeals, Tax Court, refund actions, and collection matters. The two-volume reference also includes a companion CD-ROM. No tax professional should be without Effectively Representing Your …

Tax Collection: Procedure And Strategies, T. Fogg

T. Keith Fogg

No abstract provided.

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

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 v. Clintwood Elkhorn …