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The Zen Of Corporate Capital Structure Neutrality, Herwig J. Schlunk
The Zen Of Corporate Capital Structure Neutrality, Herwig J. Schlunk
Michigan Law Review
It is well understood that corporate capital structure affects tax collections. Most basically, corporate interest expense is deductible. With each interest accrual, the corporate tax base shrinks. Thus, there is a broad range of circumstances in which corporate managers are encouraged by the Internal Revenue Code (the "Code") to load their corporate capital structures with debt. But there is little support for the proposition that Conpress desires corporations to adopt such debt-laden capital structures. Indeed, much tax legislation suggests congressional displeasure with the achievable degree of corporate self- integration. On the other hand, corporate equity has its charms: shareholders are …
Equitable Considerations Held Not Applicable To Defense Of Lack Of Overpayment--Dysart V. United States, Michigan Law Review
Equitable Considerations Held Not Applicable To Defense Of Lack Of Overpayment--Dysart V. United States, Michigan Law Review
Michigan Law Review
Taxpayer treated the proceeds of a judgment recovered in 1954 as capital gain. Although the Commissioner of Internal Revenue did not object to the capital-gain treatment, he assessed a penalty tax for failure to report the judgment in a declaration of estimated income for 1954. In 1958 the regulation providing for the penalty tax was declared invalid, and taxpayer filed a timely claim for refund. Although an independent affirmative action by the Commissioner contesting the 1954 return would have been barred by the statute of limitations, the Commissioner disallowed the refund, contending that because the proceeds of the 1954 judgment …