Law Commons^™

Representing The Failing Company Where The Irs Is "Knocking On The Door", Craig Bell, T. Fogg, George Gretes, Nina Olson

T. Keith Fogg

No abstract provided.

Lloyd Hitoshi Mayer Quoted In Propublica "The Irs Moves To Limit Dark Money – But Enforcement Still A Question", Lloyd Mayer

Lloyd Hitoshi Mayer

Lloyd Mayer was quoted in the ProPublica article "The IRS Moves to Limit Dark Money – But Enforcement Still a Question" by Kim Barker. The proposed regulations “are only as good as the extent of compliance with them, which history would indicate requires a realistic threat of enforcement and significant sanctions on the groups involved and probably the individuals running those groups,” said Lloyd Hitoshi Mayer, a law professor and associate dean at the University of Notre Dame who specializes in nonprofits and campaign finance.

Lloyd Mayer Was Quoted In Bna, Inc. Money & Politics Report Article "Treasury, Irs Propose New Definition Of Political Activity For Social Welfare Groups.", Lloyd Mayer

Lloyd Hitoshi Mayer

Lloyd Mayer was quoted in BNA, Inc. Money & Politics Report article Treasury, IRS Propose New Definition Of Political Activity for Social Welfare Groups. by Diane Freda.

Lloyd Hitoshi Mayer Quoted In Propublica "New Tax Return Shows Karl Rove's Group Spent Even More On Politics Than It Said", Lloyd Mayer

Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer quoted in ProPublica article "New Tax Return Shows Karl Rove's Group Spent Even More On Politics Than It Said" by Kim Barker. Lloyd Hitoshi Mayer, a law professor and associate dean at the University of Notre Dame who specializes in nonprofits and campaign finance, reviewed the Americans for Tax Reform documents at the request of ProPublica and said it was possible that the group was allocating overhead or other costs differently in its tax return than in its FEC filings. "I do not see how any reasonable allocation differences could result in such a large disparity, however," …

Tax In The Cathedral: Property Rules, Liability Rules, And Tax, Andrew Blair-Stanek

Andrew Blair-Stanek

The distinction between property rules and liability rules has revolutionized our understanding of many areas of law. But scholars have long assumed that this distinction has no relevance to tax law. This assumption is flatly wrong. Tax law currently uses both property rules and liability rules, and the choice between them has real consequences. When a taxpayer violates a requirement for a favorable tax status, tax law either imposes additional tax proportionate to the harm (a liability rule) or imposes the draconian penalty of taking away the tax status entirely (a property rule). This recognition has three key implications. First, …

Death, Taxes & Divorce: Why Every Ex-Spouse Needs A New Estate Plan, Lindsey Paige Markus, Assistance From Evan D. Blewett

Evan Blewett

No one can escape the inevitable — death and taxes. And unfortunately, according to the U.S. Census Bureau nearly 50 percent of all marriages will end in divorce. The divorce process is incredibly stressful. Clients are often so overwhelmed with emotional, financial and legal complexities, they fail to consider the estate planning implications of their separation and divorce. However, proactive planning can help ensure assets do not pass to a soon-to-be-ex or a former spouse.

Dispute Resolution: The Mutual Agreement Procedure, Hugh Ault

Hugh J. Ault

No abstract provided.

Some Reflections On The Oecd And The Sources Of International Tax Principles, Hugh Ault

Hugh J. Ault

This article is the revised text of a lecture held on May 2, 2013, at the Max Planck Institute for Tax Law and Public Finance. It focuses on the OECD's work on the definition of Permanent Establishment, the transfer pricing treatment of Intangibles and the recently announced project on base erosion and profit shifting ("BEPS"). After describing these positive law developments, Ault relates to more basic questions of how principles of international tax law, and particular the normative claims to taxing rights, are established.

The Death Of The Income Tax: A Progressive Consumption Tax And The Path To Fiscal Reform, Daniel Goldberg

Daniel S. Goldberg

The Death of the Income Tax explains how the current income tax is needlessly complex, contains perverse incentives against saving and investment, fails to use modern technology to ease compliance and collection burdens, and is subject to micromanaging and mismanaging by Congress. Daniel Goldberg proposes that the solution to the problems of the current income tax is completely replacing it with a progressive consumption tax collected electronically at the point of sale.

Eliminate The Marriage Penalty, Melissa Murray, Dennis Ventry

Melissa Murray

No abstract provided.

A Potential Game Changer In E-Commerce Taxation, David Gamage, Andrew Haile, Darien Shanske

David Gamage

In this essay, we evaluate recent legislative proposals for Congress to authorize state taxation of e-commerce. We argue that these proposals contain a potential game-changing innovation — the requirement that states provide remote sellers with “adequate software” for calculating use tax due within the state. Properly implemented, we explain how this innovation could force states to internalize the compliance costs of levying tax collection obligations on remote sellers, thereby incentivizing the states to simplify their sales and use tax statutes and resolving concerns about states overburdening interstate commerce.

Occupy The Tax Code: Using The Estate Tax To Reduce Inequality And Spur Economic Growth, James R. Repetti, Paul L. Caron

James R. Repetti