Law Commons^™

Living With Transparency, Robert D. Probasco

Robert Probasco

No abstract provided.

Tax Risk Management: The Relationship Circle, William Byrnes

William H. Byrnes

No abstract provided.

Transfer Pricing: Multi-Purpose Functional Analysis (Tax Department As The Hero), William Byrnes

William H. Byrnes

No abstract provided.

Shelf Project: Amended Returns -- Imposing A Duty To Correct Material Mistakes, T. Keith Fogg, Calvin H. Johnson

T. Keith Fogg

The amended returns proposal would create a duty for a taxpayer to correct material factual errors on its tax return when the error is discovered. Failure to correct an erroneous but innocent representation is considered to be a form of deceit in American tort and contract law.

Shelf Project: National Tax Lien Registry, T. Fogg

T. Keith Fogg

The current system for filing a notice of federal tax lien came into existence before the electronic age. It relies on myriad state laws and the filing of notices in localities more than 4,100 in all. The current system hurts both the IRS and taxpayers by requiring multiple filings and, thus, multiple removals when the underlying obligation is paid or discharged. With increasing complexity comes increasing costs and errors for the IRS, taxpayers, and taxpayers' creditors. A single Web-based system would be cheaper and more efficient. That possibility drives this recommendation.

Behavioral Public Finance, Edward J. Mccaffery

Edward J McCaffery

These are slides from a presentation to the Gruter Institute for Law and Behavioral Research, Squaw Valley Conference, May, 2008 (at which event Michael Jensen got me to agree to post these slides as a pdf on SSRN . . . ). The task is to give an overview of what I hope to be an emerging field of behavioral public finance. Behavioral finance, as per Barberis and Thaler 2003 (and others), consists of two parts: (1) individual level heuristics and biases, which can lead to sub-optimal (inconsistent) judgment and decision-making, and (2) institutional arbitrage mechanisms. In private finance and …

Comments On Liebman And Zeckhauser, Simple Humans, Complex Insurance, Subtle Subsidies, Edward J. Mccaffery

Edward J McCaffery

These are brief comments on an excellent paper by Jeffrey Liebman and Richard Zeckhauser, prepared for a conference sponsored by the Urban Institute and Brookings on tax and health care policy. Liebman and Zeckhauser summarize the complexities involved in making optimal health insurance decisions, and offer generally cautionary notes about conflating these with tax law (a theme of the conference). Most importantly, Liebman and Zeckhauser suggest a positive role for employers in health care and insurance decisions, as better setters or framers of choice sets—witness 401(k) plans. In this Commentary, I applaud Leibman and Zeckhauser’s general work and particular observation, …

Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Tercer Congreso Nacional de Organismos Públicos Autónomos

"Autonomía, Reforma Legislativa y Gasto Público"

Japanese Cfc Rules Consistent With Treaty, Court Holds, Hugh Ault, Mitsuhiro Honda

Hugh J. Ault

In a practice article, Mitsuhiro Honda and Hugh J. Ault comment on a Tokyo High Court ruling that held that Japan's controlled foreign corporation rules are consistent with article 7(1) of the Japan-Singapore tax treaty.

Retention Requirements For Tax Records, Robert D. Probasco

Robert Probasco

No abstract provided.

Obsolescence Bargaining In Transit Pipelines: What Options Exist For Securing Resource Supply, Humphrey Onyeukwu

Humphrey Onyeukwu

ABSTRACT:

Within the Oil and Gas value chain, transportation plays an important role in fusing the link between the producer and consumer nations. The supply of oil and gas are principally through pipelines routes which typically transcend across several borders and therefore requires the negotiation of transit terms with transit nations. This situation has therefore subjected resource supply, a very important factor input in the matrix of energy consumption to the vagaries of obsolescing bargain and its ancillary effect of potential disruptions to the consumer nation. This paper shall seek to examine the issues of obsolescing bargain in transit pipelines …

Law And Morality, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Natural Justice And Its Applications In Administrative Law, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Capacity Of The State And Its Subordinates, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Judicial Review, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Functioning Of The Law Commission Of India, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

J.S Mill On Liberty, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Bar Council Of India, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Two Horwitzian Journeys, Assaf Likhovski

Assaf Likhovski

No abstract provided.

Current Developments In Procedures For The Resolution Of International Tax Disputes, Hugh Ault

Hugh J. Ault

No abstract provided.

Nonqualified Deferred Compensation And The Pre-Statutory Limits On Deferral, Brant Hellwig

Brant J. Hellwig

No abstract provided.

Shock, Awe, And Expropriation: The Act Of State Doctrine And Loss Deductions Under Section 165 Of The Internal Revenue Code, Bobby Dexter

Bobby L. Dexter

The Act of State doctrine generally dictates that American courts not sit in judgment with respect to the acts of a foreign sovereign on its own soil. Courts commonly reason that although nothing in our Constitution requires recognition of the doctrine, adherence to its mandate effectively allows the Judicial Branch to steer clear of any actual or perceived interference with the Executive Branch's conduct of foreign policy. Wholly aside from established notions of the proper separation of powers, appeal to the doctrine is also a generous display of international comity, allowing domestic courts to defer to the sovereign authority of …

Requiem For Pennsylvania's Rule Against Perpetuities?, Martha Jordan

Martha W. Jordan

The purpose of this article is not to debate the wisdom of repealing the rule against perpetuities but to highlight two arcane problems created by the repeal. Both of these problems derive from the interaction of the doctrine of relation back with powers of appointments. The doctrine of relation back deems the exercise of a special or a testamentary general power of appointment as the completion of an act begun by the donor when the power was created. Consequently, the perpetuities period for contingent interests created by the exercise of a special or a testamentary general power of appointment begins …

The Swedish Supreme Administrative Court Totally Disregards Tax Treaty - A Critical Analysis Of A Cfc Judgment, Maria Hilling

Maria Hilling

Criticism of the judgment RÅ 2008 ref. 24 based on principles of tax treaty law. The judgment concerns the relationship between tax treaties and internal law.

Skatteavtalen I Eg-Domstolens Praxis: Skatteavtalens Förenlighet Med Eg-Fördragets Regler Om Fri Rörlighet, Maria Hilling

Maria Hilling

The focus of this article is the compatibility of tax treaty provisions with free movement law.

Skatteavtalen I Eg-Domstolens Praxis: Skatteavtalens Inverkan Vid Prövning Av Interna Skattereglers Förenlighet Med Den Fria Rörligheten, Maria Hilling

Maria Hilling

This article deals with ECJ case law where tax treaties have been involved. The questions answered are connected to the implications of a tax treaty on the ECJ´s assessement of whether domestic tax legislation is in conflict with the treaty provisions on free movement.

Changing Tradeoffs Confront Employee-Shareholders Who Want To Access Corporate Profits, Richard Winchester

Richard Winchester

No abstract provided.

Equity Undermined: The 1918 Check-The-Box Entity Classification Election, Richard Winchester

Richard Winchester

No abstract provided.

The Incentives In The Fiscal Framework Of The Nigerian Mous With The International Oil Companies: Have The Objectives Been Achieved?, Humphrey Onyeukwu

Humphrey Onyeukwu

ABSTRACT: The Nigerian Government had entered into Memoranda of Understandings (MoUs) with the various major International Oil Companies (IOCs) in the 1990s providing incentives to the companies at a period when the Oil market was experiencing oil price recession. The MoUs, amongst other fiscal terms guaranteed the IOCs a minimum profit per barrel of oil produced and a lower tax rate from the standard tax rate prescribed under the Petroleum Profit Tax Act. However, the Nigerian Government has recently indicated its intent to terminate the MoUs and replace it with a standard tax plan. In the light of these recent …