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Full-Text Articles in Law

Contractual Tax Reform, Michael Abramowicz, Andrew Blair-Stanek May 2020

Contractual Tax Reform, Michael Abramowicz, Andrew Blair-Stanek

William & Mary Law Review

One-size-fits-all taxation fails to accommodate diverse taxpayer circumstances. This Article proposes allowing taxpayers to contract into alternative tax regimes administered by private intermediaries. Participating taxpayers would make payments to the intermediaries pursuant to contract, and the intermediaries would be required to pay to the government at least as much as these taxpayers would have paid the government otherwise. That amount is determined based on the actual tax receipts of a control group, taxpayers who wish to contract with an intermediary but instead are chosen at random to continue under the status quo. These alternative tax regimes might better accommodate taxpayers’ …


Tax Lawyers As Tax Insurance, Heather M. Field May 2019

Tax Lawyers As Tax Insurance, Heather M. Field

William & Mary Law Review

Transactional tax lawyers, by rendering tax opinions, provide a version of insurance to clients. This insurance is clearly incomplete, but by providing a tax opinion, a lawyer conditionally agrees to indemnify the client for at least part of the potential loss the client incurs if the favorable tax treatment described in the opinion is successfully challenged. Although insurance is not the primary function of transactional tax lawyers, and although this Article does not argue that tax opinions should be regulated as insurance, indemnification—a key element of insurance—is an important part of the economic relationship between a client and a lawyer …


Netflix And Quill: Using Access And Consumption To Create A Plan For Taxing The Cloud, William L. Fletcher Jr. Feb 2017

Netflix And Quill: Using Access And Consumption To Create A Plan For Taxing The Cloud, William L. Fletcher Jr.

William & Mary Law Review

No abstract provided.


Parting The Dark Money Sea: Exposing Politically Active Tax-Exempt Groups Through Fec-Irs Hybrid Enforcement, Carrie E. Miller Oct 2015

Parting The Dark Money Sea: Exposing Politically Active Tax-Exempt Groups Through Fec-Irs Hybrid Enforcement, Carrie E. Miller

William & Mary Law Review

No abstract provided.


Suitable For Framing: Business Deductions In A Net Income Tax System, David I. Walker Mar 2011

Suitable For Framing: Business Deductions In A Net Income Tax System, David I. Walker

William & Mary Law Review

The federal tax code includes numerous provisions disallowing or curtailing income tax deductions related to such disparate activities as business lobbying and providing non-performance-based compensation to senior corporate executives. The primary claim of this article is that a tendency to mentally frame business deductions as subsidies, often reinforced by rhetoric explicitly framing deductions as subsidies, helps explain these provisions. The traditional “public policy” disallowances directed at lobbying, fines and penalties paid by businesses, and antitrust treble damages respond to an appearance of a taxpayer subsidy that would follow from deduction, despite the fact that it is far from clear that …


Why Are There Tax Havens?, Adam H. Rosenzweig Dec 2010

Why Are There Tax Havens?, Adam H. Rosenzweig

William & Mary Law Review

Recently, the issue of tax havens has risen to the fore of the fiscal policy debate, with tax havens being singled out as the root cause of many of the fiscal shortfalls plaguing the governments of the world. Surprisingly, however, although there has been a fair amount of literature on why tax havens are harmful to the modern international tax regime, which countries become tax havens, and what means are available to combat tax havens, there has been less written specifically on the underlying question of why, notwithstanding all these points, tax havens exist in the first place, or why …


The Tax Consequences Of The Statutory Right Of Redemption In Property Foreclosures, C. Barrett Pasquini Mar 2007

The Tax Consequences Of The Statutory Right Of Redemption In Property Foreclosures, C. Barrett Pasquini

William & Mary Law Review

No abstract provided.


A Devil Disguised As A Corporate Angel?: Questioning Corporate Charitable Contributions To "Independent" Directors' Organizations, Benjamin E. Ladd Apr 2005

A Devil Disguised As A Corporate Angel?: Questioning Corporate Charitable Contributions To "Independent" Directors' Organizations, Benjamin E. Ladd

William & Mary Law Review

No abstract provided.


Commercial Activity And Charitable Tax Exemption, John D. Colombo Dec 2002

Commercial Activity And Charitable Tax Exemption, John D. Colombo

William & Mary Law Review

No abstract provided.


Corporate Managers, Agency Costs, And The Rise Of Double Taxation, Steven A. Bank Oct 2002

Corporate Managers, Agency Costs, And The Rise Of Double Taxation, Steven A. Bank

William & Mary Law Review

No abstract provided.


A Wrong Step In The Right Direction: The National Taxpayer Advocate And The 1998 Irs Restructuring And Reform Act, Heather B. Conoboy Apr 2000

A Wrong Step In The Right Direction: The National Taxpayer Advocate And The 1998 Irs Restructuring And Reform Act, Heather B. Conoboy

William & Mary Law Review

No abstract provided.


Internal Revenue Code Section 1259: A Legitimate Foundation For Taxing Short Sales Against The Box Or A Mere Makeover?, Simon D. Ulcickas Apr 1998

Internal Revenue Code Section 1259: A Legitimate Foundation For Taxing Short Sales Against The Box Or A Mere Makeover?, Simon D. Ulcickas

William & Mary Law Review

No abstract provided.


Three Versions Of Tax Reform, Alvin C. Warren Jr. Oct 1997

Three Versions Of Tax Reform, Alvin C. Warren Jr.

William & Mary Law Review

No abstract provided.


Everything Old Is New Again: Reaching The Limits Of Indopco's Future Benefits With The Just-In-Time Management Philosophy, Glenn Walberg Mar 1997

Everything Old Is New Again: Reaching The Limits Of Indopco's Future Benefits With The Just-In-Time Management Philosophy, Glenn Walberg

William & Mary Law Review

No abstract provided.


The Infield Fly Rule And The Internal Revenue Code: An Even Further Aside, Mark W. Cochran Apr 1988

The Infield Fly Rule And The Internal Revenue Code: An Even Further Aside, Mark W. Cochran

William & Mary Law Review

No abstract provided.


Container Corporation Of America V. Franchise Tax Board: The Supreme Court Encourages Apportionment Taxation, Laura J. Waterland May 1985

Container Corporation Of America V. Franchise Tax Board: The Supreme Court Encourages Apportionment Taxation, Laura J. Waterland

William & Mary Law Review

No abstract provided.


Jackson Reanalyzed: Preventing Tax-Free Escape Upon Transfer Of A Partnership Interest, Michael J. Baader Feb 1985

Jackson Reanalyzed: Preventing Tax-Free Escape Upon Transfer Of A Partnership Interest, Michael J. Baader

William & Mary Law Review

No abstract provided.


The Taxation Of Reinvested Corporate Earnings, Richard L. Doernberg Oct 1982

The Taxation Of Reinvested Corporate Earnings, Richard L. Doernberg

William & Mary Law Review

No abstract provided.


A Decision Model For Lease Parties In Sale-Leasebacks Of Real Estate, Nancy E. Shurtz Mar 1982

A Decision Model For Lease Parties In Sale-Leasebacks Of Real Estate, Nancy E. Shurtz

William & Mary Law Review

No abstract provided.


Tax Status Of Private Segregated Schools: The New Revenue Procedure, Wilfred F. Drake Mar 1979

Tax Status Of Private Segregated Schools: The New Revenue Procedure, Wilfred F. Drake

William & Mary Law Review

No abstract provided.


Standing To Challenge Tax Treatment Of Competitors May 1978

Standing To Challenge Tax Treatment Of Competitors

William & Mary Law Review

No abstract provided.


Challenging The Tax Summons: Procedures And Defenses May 1978

Challenging The Tax Summons: Procedures And Defenses

William & Mary Law Review

No abstract provided.


Carrybacks And The (F) Reorganization Mar 1978

Carrybacks And The (F) Reorganization

William & Mary Law Review

No abstract provided.


Muni-Funds: Exempt-Interest Dividends And The Feasibility Of Underwriting Fee Recapture Mar 1978

Muni-Funds: Exempt-Interest Dividends And The Feasibility Of Underwriting Fee Recapture

William & Mary Law Review

No abstract provided.


Crown V. Commissioner: Gift Taxation And Interest-Free Loans Among Family Members Dec 1977

Crown V. Commissioner: Gift Taxation And Interest-Free Loans Among Family Members

William & Mary Law Review

No abstract provided.


Taxation Of Professional Sports Teams After 1976: A Whole New Ballgame, Howard Zaritsky May 1977

Taxation Of Professional Sports Teams After 1976: A Whole New Ballgame, Howard Zaritsky

William & Mary Law Review

No abstract provided.


Bartlett V. United States: Deduction Of Nonbusiness Losses Not Compensated By Insurance - The Need For A Separate Standard For Individuals Oct 1976

Bartlett V. United States: Deduction Of Nonbusiness Losses Not Compensated By Insurance - The Need For A Separate Standard For Individuals

William & Mary Law Review

No abstract provided.


Analysis Of Revenue Ruling 75-292: A Proposal To Allow The Combined Use Of Sections 1031 And 351 Without Destroying The Tax-Free Status Of Either Mar 1976

Analysis Of Revenue Ruling 75-292: A Proposal To Allow The Combined Use Of Sections 1031 And 351 Without Destroying The Tax-Free Status Of Either

William & Mary Law Review

No abstract provided.


Tax Planning For Compensation Of Service Partners May 1975

Tax Planning For Compensation Of Service Partners

William & Mary Law Review

No abstract provided.


The Taxpayer's Expectation Of Privacy As A Bar To Production Of Records Held By His Attorney Mar 1975

The Taxpayer's Expectation Of Privacy As A Bar To Production Of Records Held By His Attorney

William & Mary Law Review

No abstract provided.