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Articles 31 - 45 of 45

Full-Text Articles in Law

Tax Impact On Charitable Organizations, Honorable Barber Conable Apr 2017

Tax Impact On Charitable Organizations, Honorable Barber Conable

The Catholic Lawyer

No abstract provided.


Difficult Definitional Problems In Tax Administration: Religion And Race, Jerome Kurtz Apr 2017

Difficult Definitional Problems In Tax Administration: Religion And Race, Jerome Kurtz

The Catholic Lawyer

No abstract provided.


Panel Discussion On Unrelated Business Income Tax, Robert M. Spevack, Charles M. Whelan, S.J., George E. Reed Apr 2017

Panel Discussion On Unrelated Business Income Tax, Robert M. Spevack, Charles M. Whelan, S.J., George E. Reed

The Catholic Lawyer

No abstract provided.


Exemptions From Unrelated Business Tax - Rental Income, George E. Reed Apr 2017

Exemptions From Unrelated Business Tax - Rental Income, George E. Reed

The Catholic Lawyer

No abstract provided.


Taxation Of Advertising Income Of Exempt Organizations' Publications, Robert M. Spevack Apr 2017

Taxation Of Advertising Income Of Exempt Organizations' Publications, Robert M. Spevack

The Catholic Lawyer

No abstract provided.


Application Of Unrelated Business Income Tax To Churches, John S. Nolan Apr 2017

Application Of Unrelated Business Income Tax To Churches, John S. Nolan

The Catholic Lawyer

No abstract provided.


Tax-Supported Abortions: The Legal Issues, Eugene J. Schulte Mar 2017

Tax-Supported Abortions: The Legal Issues, Eugene J. Schulte

The Catholic Lawyer

No abstract provided.


Tax Credit - Current Status And Prospects, James Robinson Mar 2017

Tax Credit - Current Status And Prospects, James Robinson

The Catholic Lawyer

No abstract provided.


Confidence Schemes: Theft Loss Deductions, Restitution, And Public Policy, Steven F. Friedell Oct 2016

Confidence Schemes: Theft Loss Deductions, Restitution, And Public Policy, Steven F. Friedell

St. John's Law Review

(Excerpt)

This Article focuses on some of these problems in the field of federal income tax. It suggests that when part of the IRC appears to direct a particular outcome, courts are prone to error when they override that command by imposing a penalty based on the judges’ moral condemnation of a party’s behavior. It would be better for courts to employ the statute’s intrinsic set of public policies to guide their decision making. In some instances, the results will not change because of other overlooked provisions in the statute. However, adherence to the legislature’s balance of conflicting interests will …


The Case Against Income Tax Exemption For Nonprofits, Michael Fricke Oct 2016

The Case Against Income Tax Exemption For Nonprofits, Michael Fricke

St. John's Law Review

(Excerpt)

In order to discuss the current state of affairs in the nonprofit world, Part I of this Article addresses how nonprofits are treated under the law and the various income tax exemption defenses that have been proffered over the years. Then, Part II investigates the problems raised by organizations that take advantage of their tax exemption, but decline to use their revenue for their exempt purposes. This problem has been addressed infrequently in academic literature, but Part III reviews other proposed reforms that might affect this issue. Part IV lays out the proposed solution, and Part V examines the …


Increasing Charitable Contributions Through The Use Of Trusts, Philip P. Martin, Jr., Joseph A. Sinclitico Jul 2016

Increasing Charitable Contributions Through The Use Of Trusts, Philip P. Martin, Jr., Joseph A. Sinclitico

The Catholic Lawyer

No abstract provided.


Quis Custodiet: Disestablishment And Standing To Sue, Thomas J. O'Toole Jul 2016

Quis Custodiet: Disestablishment And Standing To Sue, Thomas J. O'Toole

The Catholic Lawyer

No abstract provided.


The Nature Of A Parent-Subsidiary Relationship Determines How To Allocate A Refund In A Tax Sharing Agreement, Samuel Cushner Jan 2015

The Nature Of A Parent-Subsidiary Relationship Determines How To Allocate A Refund In A Tax Sharing Agreement, Samuel Cushner

Bankruptcy Research Library

(Excerpt)

Often, a parent corporation and its subsidiaries will file a consolidated tax return because it comes with many benefits, such as being able to offset gains and losses and deferring tax consequences for sales between consolidated groups. The parent corporation and the subsidiaries will often enter into a tax sharing agreement, which will determine each entity’s respective tax liability. In the event that a refund is issued, the tax sharing agreement will usually dictate how to allocate the refund amongst the parent and the subsidiaries.

A tax sharing agreement is “an agreement among members of an affiliated group of …


Bad Tax Shelters — Accountability Or The Lack Thereof: Ten Years Of Tax Malpractice, Jacob L. Todres Jan 2014

Bad Tax Shelters — Accountability Or The Lack Thereof: Ten Years Of Tax Malpractice, Jacob L. Todres

Faculty Publications

In the 1990’s and early 2000’s the tax landscape in the United States was overrun by an epidemic of tax shelters that was unprecedented. The shelters were designed and sold by seemingly reputable large accounting and law firms. The same shelters were sold to many taxpayers. They became generic, off-the-shelf, products. However, the tax shelters had no business substance. The shelters were eventually found to be invalid by the courts. In light of the invalidity of the shelters, the large fees paid for the shelters and the large damages caused by participating in the invalid shelters, there were predictions that …


Recovery Of Interest On A Tax Underpayment Caused By A Tax Advisor 'S Negligence, Jacob L. Todres Jan 2011

Recovery Of Interest On A Tax Underpayment Caused By A Tax Advisor 'S Negligence, Jacob L. Todres

Faculty Publications

(Excerpt)

When a tax advisor renders incorrect advice due to negligence and a plaintiff establishes all the requisite elements of a malpractice cause of action, the most frequently encountered direct damages consist of four elements: additional taxes caused by the negligence, interest on underpaid taxes, penalties, and corrective costs incurred in attempting to eliminate or mitigate all or some of the foregoing damages. This article will focus on the recoverability of interest incurred by a plaintiff on a tax underpayment caused by the tax advisor's negligence. Such interest payment is present in many, if not most, tax malpractice situations because …