Law Commons^™

Dittler Brothers, Incorporated V. Commissioner: The Effect Of The New Internal Revenue Code 7477 Declaratory Judgment Provision On A 351 Exchange Under 367, Michelle Rippon

North Carolina Central Law Review

No abstract provided.

Taxation Of Sale And Leaseback Transactions - A General Review, Kenneth L. Stewart

Vanderbilt Law Review

This Note first discusses in detail the operation of a sale and leaseback transaction and delineates its various uses. The Note next points out the tax and financial advantages and disadvantages of the sale and leaseback, sets forth the possible avenues of attack on the transaction by the Internal Revenue Service (Service), and describes the consequences of a successful attack by the Service. The final section of the Note analyzes the judicial treatment of sale and leaseback transactions for tax purposes, focusing both on the traditional tests used by the courts and on changes in the law brought about by …

The Negative Commerce Clause And State Environmental Legislation-Externalities Suggest Application Of The Tax Standard To Environmental Regulations, Douglas K. Stewart

Vanderbilt Law Review

This Note advocates judicial application of this tax analysis not only to tax environmental legislation, but also to regulatory environmental legislation. The theoretical justification for this thesis is provided by the economic concept of externalities. Externalities are elements used in the production of a marketed item without cost to the producer, but at a cost to others. The term "externality"stems from the fact that the use of the element of production is not included in the market price of the item. Undesirable environmental impact has been recognized as an externality -- a cost to those people adversely affected by it …

Income And Gift Tax Treatment Of A Waiver Of Rights To Future, Undeclared Dividends By A Corporate Shareholder, Cornelia H. Boozman

Vanderbilt Law Review

This Note will attempt to set forth and analyze the present state of the law concerning dividend waivers.After determining that this law gives taxpayers few standards for determining the proper tax characterization of a dividend waiver, the Note concludes that analogous areas of tax law must be examined for guidance. Finally, the Note identifies and discusses several analogies that might be helpful to a taxpayer faced with a dividend waiver problem.

The Haitian Vacation: The Applicability Of Sham Doctrine To Year-End Divorces, Michigan Law Review

Michigan Law Review

This Note examines the propriety of applying the sham doctrine to tax-motivated divorces. Section I outlines the evolution of the sham doctrine from its exposition in Gregory v. Helvering through its expression in two different tests for commercial transactions. Section II then studies the relationship between state divorce law and the marital status provisions of the Internal Revenue Code to demonstrate the clear congressional preference for incorporating state law by reference rather than creating an independent federal law of marriage. It also examines the history of the 1969 Tax Reform Act in a vain effort to discern a congressional desire …

A New Look At The Section 119 Meals And Lodging Exclusion, Steven Luby

West Virginia Law Review

One of the most problematic areas of income tax law has been the excludability of various employee fringe benefits from taxable income. This article examines the appropriate tax treatment of one type of fringe benefit-meals furnished by an employer to his employee. Prior to 1954 the excludability of the value of meals furnished by an employer was dependent upon whether the factual circumstances of the case satisfied a "convenience of the employer" rule developed by administrative rulings and case law. In 1954 Congress attempted to end the confusion surrounding the excludability of meals furnished by an employer by enacting section …

Taxation Of Foreign-Earned Income In Kind: Henry Taxpayer Goes To Japan, Carole Silver Adler

Indiana Law Journal

No abstract provided.

Limitations On The Lobbying Of Section 501(C)(3) Organizations--A Choice For The Public Charities, James H. Nix

West Virginia Law Review

No abstract provided.

The Changing Meaning Of "Gift": An Analysis Of The Tax Court's Decision In Carson V. Commissioner, Jeffrey Schoenblum

Vanderbilt Law Review

This Article will focus on the Carson case in an effort to identify the emerging meaning, if any, of gift. Following a consideration of the factual background of the case in Part II, Part HI will analyze critically and in-depth each of the five Carson opinions in an effort to decipher the various currents at play and any common ground that may still be shared by a majority of the court. Finally, Part IV will consider the decision's likely consequences and the long-term prospects for a settled meaning for gift, one that is not only workable, as is the case …

Defining Taxable Consumption: A Comment On Personal Insurance Premiums, William D. Popkin

Indiana Law Journal

No abstract provided.

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

William & Mary Law Review

No abstract provided.

Xiv. Tax

Washington and Lee Law Review

No abstract provided.

The United States Tax Court-Should Discovery Be Expanded?, William H. Newton Iii

University of Miami Law Review

This article examines the methods and scope of discovery available to the taxpayer involved in tax litigation in the Tax Court, the Court of Claims and the federal district courts. After finding that discovery in the Tax Court is significantly more restricted than in the other two available forums, the author reviews the results of a recent survey of tax practitioners' views of discovery in that court and concludes that expansion is necessary.

The Tax Parameters Of Inventory Valuation, William F. Rigsby

Kentucky Law Journal

No abstract provided.

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

THE HOST STATE AND THE TRANSNATIONAL CORPORATION: AN ANALYSIS OF LEGAL RELATIONSHIPS

By Juha Kuusi

Farnborough, England: Saxon House, 1979. Pp. 177. $25.25 (Distributed by Renouf USA, Brookfield, Vermont.)

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THE INDIRECT CREDIT Vol. II

By Gerald Ball and Elizabeth A.Owens

Cambridge, Mass.: The International Tax Program, Harvard Law School, 1979. Pp. 406. $40.00.

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JURIDICA: ANUARIO DEL DEPARTAMENTO DEL DERECHO DE LA UNIVERSIDAD IBEROAMERICANA

Edited by Enrique Portilla Osio Mexico City: Universidad Iberoamericano. 1978. Pp. 595.

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LES SANCTIONS PRIVATES DE DROITS Ou DE QUALITE DANS LES ORGANISATIONS INTERNATIONALES SPECIALISEES

By Charles Leben Brussels: Emile Bruylant. 1979. Pp. 410. …

Recent Decisions, Jamie S. Martin, Margaret H. Fiorillo, J. Andrew Hoyal, Ii

Vanderbilt Journal of Transnational Law

CONSTITUTIONAL LAW--COMMERCE CLAUSE--STATE TAX ON INSTRUMENTALITIES OF FOREIGN COMMERCE INVALID WHEN TAX RESULTS IN MULTIPLE TAXATION AND IMPAIRS FEDERAL UNIFORMITY IN REGULATION OF FOREIGN TRADE

Jamie S. Martin

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IMMIGRATION--LAWFUL UNRELINQUISHED DOMICILE--DEPORTABLE RESIDENT ALIEN MUST ACCUMULATE SEVEN YEARS OFLAWFUL DOMICILE SUBSEQUENT TO ADMISSION FOR PERMANENT RESIDENCE TO BE ELIGIBLE FOR DISCRETIONARY RELIEF

Margaret H. Fiorillo

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LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT--MANUFACTURER MAY SUE STEVEDORE FOR INDEMNIFICATION FROM LIABILITY ARISING OUT OF LONGSHOREMEN'S INJURIES--THEORY OF EQUITABLE CREDIT DOES NOT APPLY TO THE LHWCA

J. Andrew Hoyal, II

The Midstream Incorporation Of A Cash-Basis Taxpayer: An Update, Robert I. Keller

Maryland Law Review

No abstract provided.

Taxation Of Boot Received During Acquisitive Reorganization: Dividend V. Capital Gain, Stephen Lee Dalton

University of Richmond Law Review

Acquisitive reorganizations either by consolidation or statutory merger have become a popular means for corporations with surplus cash or treasury stock to diversify their investment base. The tax treatment of cash received during such reorganizations is an often litigated and still unsettled area of the law. Such confusion is the product of inconsistent and irreconcilable case holdings and Revenue Rulings as the courts and the Internal Revenue Service have attempted to apply the myriad of judicial doctrines and intricate Code law dealing with this question to various factual situations.

Zenith Radio Corp V. United States: The Demise Of Congressionally Mandated Countervailing Duties, Robert Dziubla

Northwestern Journal of International Law & Business

The countervailing duty has long been a favorite tool of the Congress to achieve what it considers to be fair trade between the United States and her trading partners. Countervailing duties are extra duties imposed upon goods that enjoy subsidies, in whatever form, from a foreign government. In Zenith Radio Corp. v. United States, the Supreme Court agreed with the Department of Treasury that a remission by the Government of Japan of a domestic indirect commodity tax upon electronic goods was not a subsidy requiring a countervailing duty. This Note will suggest that the Court's dependence upon the legislative history …

The Investment Decision In The Central City: A Consideration Of A Property Tax Abatement Law , Dipak K. Gupta, Louis M. Rea

Fordham Urban Law Journal

This article addresses an indirect policy approach to handling "gray areas" in large central cities where dilapidated and deteriorated housing go unresolved. Rather than focusing on abandonment and rebuilding, the article looks to fostering renewal of existing structures through property tax abatement programs. Using Pittsburgh as a model and experience to outline the framework for such a program, the article attempts to enhance ones understanding of the economic impacts that a property tax can have on the condition of city housing. The article concludes that for any city to embark on a tax abatement policy, it must understand the conditions …

Meal Reimbursements As An Employee Fringe Benefit, Mark Resnik

Loyola University Chicago Law Journal

No abstract provided.

Aquisitive Liquidations And Section 334(B)(2): Kimbell-Diamond And Beyond, Stephen B. Meister

Cardozo Law Review

No abstract provided.