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Full-Text Articles in Law

Carried Interest For The Common Man, Richard Winchester Mar 2014

Carried Interest For The Common Man, Richard Winchester

Richard Winchester

This article explains how a self employed individual can minimize the federal tax on his earnings by operating a business through a formal business entity. The article also assesses the merits of a proposal to address the situation.


Obama's Gift To The Rich: A Permanent Payroll Tax Holiday, Richard Winchester Dec 2012

Obama's Gift To The Rich: A Permanent Payroll Tax Holiday, Richard Winchester

Richard Winchester

President Obama made a concerted effort to enact tax legislation that benefitted middle and lower income individuals over the rich. The temporary payroll tax cut in effect during 2011 and 2012 is a case in point. However, many high-income individuals enjoyed an even greater measure of payroll tax relief as a result of legislation that he signed. But instead of being granted directly under the terms of a bill, this relief was made possible because the tax legislation that he signed perpetuated what had been only a temporary incentive for individuals to avoid the payroll tax entirely when they work …


The Gap In The Employment Tax Gap, Richard Winchester Dec 2008

The Gap In The Employment Tax Gap, Richard Winchester

Richard Winchester

No abstract provided.


Changing Tradeoffs Confront Employee-Shareholders Who Want To Access Corporate Profits, Richard Winchester Dec 2007

Changing Tradeoffs Confront Employee-Shareholders Who Want To Access Corporate Profits, Richard Winchester

Richard Winchester

No abstract provided.


Equity Undermined: The 1918 Check-The-Box Entity Classification Election, Richard Winchester Dec 2007

Equity Undermined: The 1918 Check-The-Box Entity Classification Election, Richard Winchester

Richard Winchester

No abstract provided.


Working For Free: It Ought To Be Against The (Tax) Law, Richard Winchester Dec 2005

Working For Free: It Ought To Be Against The (Tax) Law, Richard Winchester

Richard Winchester

Employment taxes account for an enormous share of federal tax receipts. And it is widely acknowledged that taxes on the self-employed are collected under a dysfunctional set of laws that is long overdue for repair. Yet, there is surprisingly little legal scholarship in the field. This article fills a portion of that gap. It examines some fundamental flaws that plague our nation’s employment tax laws, focusing on how President Bush’s dividend tax cut created an incentive for wealthy individuals to exploit those flaws at the government’s expense when they work for a corporation that they also own and control. Specifically, …