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Tax Law

Journal

1980

Institution
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Articles 1 - 30 of 33

Full-Text Articles in Law

Short-Notice Termination Clauses In Coal Leases: Effect On Percentage Depletion, Robert G. Lathrop Dec 1980

Short-Notice Termination Clauses In Coal Leases: Effect On Percentage Depletion, Robert G. Lathrop

West Virginia Law Review

No abstract provided.


Corporate Borrowing For Investment In Equity Securities: Tax Advantages Via The Interest Deduction And Dividends Received Deduction, Thomas D. Moore, Jr. Nov 1980

Corporate Borrowing For Investment In Equity Securities: Tax Advantages Via The Interest Deduction And Dividends Received Deduction, Thomas D. Moore, Jr.

Vanderbilt Law Review

By borrowing money and purchasing preferred stocks with an average yield greater than 58% of the interest rate on the debt, a corporation at the maximum marginal tax rate can reduce its federal income tax liability. In evaluating the potential benefit of this practice, the corporation must consider transactions costs and its ability either to tie the debt to the equities or to have a sufficiently distant maturity on the debt to weather interest rate cycles that depress preferred stock prices. A small to medium-sized corporation probably is in a better position to obtain appropriate debt and to purchase enough …


Software Taxation: A Critical Reevaluafion Of The Notion Of Intangibility , Robert D. Crockett Nov 1980

Software Taxation: A Critical Reevaluafion Of The Notion Of Intangibility , Robert D. Crockett

BYU Law Review

No abstract provided.


Federal Income Taxation Of Exchanges In Partition Of Commonly Owned Property: Realization Vs. Realism, Jonathan D. Kaney, Jr. Oct 1980

Federal Income Taxation Of Exchanges In Partition Of Commonly Owned Property: Realization Vs. Realism, Jonathan D. Kaney, Jr.

Florida State University Law Review

No abstract provided.


Towards Solving The Double Taxation Dilemma Among Florida's Local Governments: The Municipal Service Taxation Unit, Katherine A. Emrich Oct 1980

Towards Solving The Double Taxation Dilemma Among Florida's Local Governments: The Municipal Service Taxation Unit, Katherine A. Emrich

Florida State University Law Review

No abstract provided.


The Taxation Of Borrowing, William D. Popkin Oct 1980

The Taxation Of Borrowing, William D. Popkin

Indiana Law Journal

No abstract provided.


Estate Tax: Effect Of Revenue Ruling 79-353 Upon Settlor's Power To Appoint A Successor Trustee Under Sections 2036 And 2038 Of The Internal Revenue Code, Maureen Stewart Oct 1980

Estate Tax: Effect Of Revenue Ruling 79-353 Upon Settlor's Power To Appoint A Successor Trustee Under Sections 2036 And 2038 Of The Internal Revenue Code, Maureen Stewart

North Carolina Central Law Review

No abstract provided.


West Virginia's Generation Of Electricity Tax: Is It Valid After Snead, Thodore H. Ghiz Jr. Sep 1980

West Virginia's Generation Of Electricity Tax: Is It Valid After Snead, Thodore H. Ghiz Jr.

West Virginia Law Review

No abstract provided.


Federal Income Tax Treatment Of The Acquisition And Disposition Of Coal Interests: An Examination Of I.R.C. 631(C), John C. Coggin Iii Jun 1980

Federal Income Tax Treatment Of The Acquisition And Disposition Of Coal Interests: An Examination Of I.R.C. 631(C), John C. Coggin Iii

West Virginia Law Review

No abstract provided.


A Tax Incentive Approach To The Depletion Allowance Dilemma, Thomas E. Bulleit Jr. Jun 1980

A Tax Incentive Approach To The Depletion Allowance Dilemma, Thomas E. Bulleit Jr.

West Virginia Law Review

No abstract provided.


Changing Concepts In The Ad Valorem Severance Taxation Of Coal In West Virginia, John Kent Dorsey Jun 1980

Changing Concepts In The Ad Valorem Severance Taxation Of Coal In West Virginia, John Kent Dorsey

West Virginia Law Review

No abstract provided.


Black Lung Benefit Trusts As A Federal Self-Insurance Alternative, Peter M. Kelly Jun 1980

Black Lung Benefit Trusts As A Federal Self-Insurance Alternative, Peter M. Kelly

West Virginia Law Review

Since the enactment of the Federal Coal Mine Health and Safety Act1 (FCMHSA) in late 1969, occupational pneumoconiosis, "black lung disease," has been compensable under federal law. These federal black lung benefits are coordinated with state workmen's compensation or occupational disease laws to provide death or disability benefits for coal miners suffering from the disease. Black lung benefits are provided at federal cost under Part B of Title IV of the FCMHSA with respect to claims which arose before July 1, 1973 (Part B benefits)." Benefits are payable directly or indirectly by coal mine operators under Part C of Title …


Acquisition Of Coal Property Interests: Some Federal Tax Planning Observations, Aaron H. Haspel, Douglas Sumner Jun 1980

Acquisition Of Coal Property Interests: Some Federal Tax Planning Observations, Aaron H. Haspel, Douglas Sumner

West Virginia Law Review

No abstract provided.


Federal Income Tax Aspects Of The Disposition Of Coal Interests By A Corporation, Louis S. Southworth, James H. Nix Jun 1980

Federal Income Tax Aspects Of The Disposition Of Coal Interests By A Corporation, Louis S. Southworth, James H. Nix

West Virginia Law Review

No abstract provided.


The Windfall Profit Tax - An Overview., Barry R. Miller, Dan G. Easley Jun 1980

The Windfall Profit Tax - An Overview., Barry R. Miller, Dan G. Easley

St. Mary's Law Journal

Abstract Forthcoming.


Nonmutual Collateral Estoppel In Federal Tax Litigation, Samuel E. Long, Jr. May 1980

Nonmutual Collateral Estoppel In Federal Tax Litigation, Samuel E. Long, Jr.

Vanderbilt Law Review

First, the Note briefly traces the demise of the mutuality rule in nontax cases. Second, the Note discusses the cases examining the rule in tax disputes and argues that courts should not require mutuality as an absolute rule before collateral estoppel can apply.Finally, the Note proposes a framework within which courts should analyze nonmutual estoppel claims in federal tax cases...

This Note has argued that the Supreme Court's decision in Parklane Hosiery and the Ninth Circuit's decision in Starker v. United States have sounded the death knell for the mutuality rule in its final stronghold-federal tax litigation. Courts can apply …


Open Space Taxation And State Constitutions, David A. Myers May 1980

Open Space Taxation And State Constitutions, David A. Myers

Vanderbilt Law Review

this Article will first examine the theoretical function and form of state constitutions. This analysis can in turn be used to develop criteria for evaluating the content of these open space amendments. These criteria can then be used to suggest alternative methods of constitutional change that will allow state governments to respond most effectively to contemporary problems in the taxation of real property.

... This Article has been concerned with the various justifications for putting open space taxation provisions in state constitutions. It should be noted, however, that these amendments can have important negative effects on state constitutional law. Because …


The Continuing Saga Of Prepaid Feed Expense: The Fat Lady Has Not Sung, James D. Wright, Nancy E. Wright Apr 1980

The Continuing Saga Of Prepaid Feed Expense: The Fat Lady Has Not Sung, James D. Wright, Nancy E. Wright

Florida State University Law Review

No abstract provided.


Revolving Funds: In The Vanguard Of The Preservation Movement, J. Myrick Howard Apr 1980

Revolving Funds: In The Vanguard Of The Preservation Movement, J. Myrick Howard

North Carolina Central Law Review

No abstract provided.


Xiv. Tax Mar 1980

Xiv. Tax

Washington and Lee Law Review

No abstract provided.


Let Them Be Judged: The Judicial Integration Of The Deep South / Federal Taxation Of Trusts, Grantors And Beneficiaries/, Steven F. Lawson, John H. Martin Mar 1980

Let Them Be Judged: The Judicial Integration Of The Deep South / Federal Taxation Of Trusts, Grantors And Beneficiaries/, Steven F. Lawson, John H. Martin

Vanderbilt Law Review

Let Them be Judged: The Judicial Integration of the Deep South Frank T. Read and Lucy S. McGough

The manner in which federal judges in the South both retarded and promoted first-class citizenship rights for Black Americans is the topic of Frank Read's and Lucy McGough's 1978 work Let Them Be Judged: The Judicial Integration of the Deep South. The authors, law professors at the University of Tulsa and Emory University respectively, review in great detail the operation of the United States Court of Appeals for the Fifth Circuit in adjudicating the rapidly increasing volume of civil rights litigation after …


Tax-Exempt Bond Financing Of Computer Telecommunications And Other High Technology Facilities, 2 Computer L.J. 805 (1980), Fred M. Greguras Jan 1980

Tax-Exempt Bond Financing Of Computer Telecommunications And Other High Technology Facilities, 2 Computer L.J. 805 (1980), Fred M. Greguras

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Recent Developments Jan 1980

Recent Developments

American Indian Law Review

No abstract provided.


The Retail Sales Tax: Shall The Value Of Retailers' Coupons Be Included In The Basis For Computation, 13 J. Marshall L. Rev. 717 (1980), Scott J. Horne Jan 1980

The Retail Sales Tax: Shall The Value Of Retailers' Coupons Be Included In The Basis For Computation, 13 J. Marshall L. Rev. 717 (1980), Scott J. Horne

UIC Law Review

No abstract provided.


Use Of The Tax-Free Triangular Merger For The Acquisition Of Two Corporations With Cross-Ownership, 14 J. Marshall L. Rev. 33 (1980), Theodore W. Grippo Jan 1980

Use Of The Tax-Free Triangular Merger For The Acquisition Of Two Corporations With Cross-Ownership, 14 J. Marshall L. Rev. 33 (1980), Theodore W. Grippo

UIC Law Review

No abstract provided.


Qualified Plans Under Erisa: Tax Shelter Or Bureaucratic Paper Chase?, Louise Cobb Boggs Jan 1980

Qualified Plans Under Erisa: Tax Shelter Or Bureaucratic Paper Chase?, Louise Cobb Boggs

University of Richmond Law Review

The enactment of the Employee Retirement Security Act of 1974 has had a profound and far-reaching impact upon existing employee benefit plans and upon those which have since been created. ERISA, as the act is commonly designated, is a comprehen- sive federal statute with strong consumer protection overtones which sets up strict requirements for regulating most aspects of the operation and administration of private employee benefit plans. Its primary goals are: (1) to protect benefit rights and to provide retirement security for the participants of employee benefit plans by setting out minimum standards for nondiscriminatory participation, vesting, benefit accrual, and …


Section 302(C)(2): Opportunities And Pitfalls, Michael A. Jones Jan 1980

Section 302(C)(2): Opportunities And Pitfalls, Michael A. Jones

Florida State University Law Review

No abstract provided.


Replacing The Social Security Tax With A Value-Added Tax: Policy Perspectives, John F. Kelly, Joseph L. Lewis, William J. Irvin Jan 1980

Replacing The Social Security Tax With A Value-Added Tax: Policy Perspectives, John F. Kelly, Joseph L. Lewis, William J. Irvin

University of Richmond Law Review

On October 22, 1979, Representative Al Ullman (D-Ore.), then Chairman of the House Ways and Means Committee, introduced the Tax Restructuring Act of 1979, which would have lowered the rates of the individual income, corporate income and social security taxes along with certain other tax benefits and would have replaced the lost revenues from such reductions with the revenues from a 10% value-added tax (VAT). The introduction of the bill followed a speech delivered by Sen. Russell B. Long (D-La.), then Chairman of the Senate Finance Committee, at the 1978 Tulane Tax Institute, in which he advocated an overhaul of …


Japan Line, Ltd. V. County Of Los Angeles - The Foreign Commerce Clause: An Economic Approach To The Negative Effects Of State Taxation, 13 J. Marshall L. Rev. 793 (1980), Marc W. Sargis Jan 1980

Japan Line, Ltd. V. County Of Los Angeles - The Foreign Commerce Clause: An Economic Approach To The Negative Effects Of State Taxation, 13 J. Marshall L. Rev. 793 (1980), Marc W. Sargis

UIC Law Review

No abstract provided.


Institutional Posture: A Measure For Good Faith In An Irs Summons Enforcement Proceeding, Monice Rosenbaum Jan 1980

Institutional Posture: A Measure For Good Faith In An Irs Summons Enforcement Proceeding, Monice Rosenbaum

Fordham Urban Law Journal

The Internal Revenue Service may use its powers under section 7602 of the Internal Revenue Code to issue administrative summonses to taxpayers and third parties to verify the content of a filed tax return or to prepare a return where none has been filed. Frequent disputes arise between the IRS and taxpayers who claim that its agents have overstepped their section 7602 power. The Supreme Court attempted to clarify the issues surrounding these disputes in United States v. LaSalle National Bank. The Court formulated a two prong test and created an "institutional posture" standard to measure the IRS's good faith. …