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Full-Text Articles in Law

4th Annual Tidewater Tax Conference Schedule Dec 1958

4th Annual Tidewater Tax Conference Schedule

William & Mary Annual Tax Conference

No abstract provided.


Constitutional Law--State Taxation Of Federal Property In Possession Of Private Contractor, J. L. R. Dec 1958

Constitutional Law--State Taxation Of Federal Property In Possession Of Private Contractor, J. L. R.

West Virginia Law Review

No abstract provided.


Federal Taxation - Transferee Liability Of Insurance Beneficiary, John Gelder S.Ed. Dec 1958

Federal Taxation - Transferee Liability Of Insurance Beneficiary, John Gelder S.Ed.

Michigan Law Review

Nearly six years after taxpayer died income tax deficiencies were determined against his estate. Since his estate was insolvent the Commissioner sought to impose transferee liability under section 311 of the 1939 code (now I.R.C. section 6901) on plaintiff, taxpayer's widow, as beneficiary of" her husband's life insurance. The Tax Court, applying federal law, held plaintiff liable for the entire deficiency since the proceeds received by her exceeded that amount. The court of appeals, applying state law, reversed and ruled that the beneficiary was not a "transferee" within the meaning of section 311 even to the extent of the cash …


Taxation—Harness Racing Admissions Tax—Consistency Of Statutes, Buffalo Law Review Oct 1958

Taxation—Harness Racing Admissions Tax—Consistency Of Statutes, Buffalo Law Review

Buffalo Law Review

County of Saratoga v. Saratoga Racing Ass'n, 4 N.Y.2d 622, 172 N.Y.S.2d 230 (1958).


Place Of Assessment And Taxation Of Tangible Personal Property In Indiana Jul 1958

Place Of Assessment And Taxation Of Tangible Personal Property In Indiana

Indiana Law Journal

No abstract provided.


Taxation - Federal Estate Tax - Insurance And Annuity Combinations, John B. Schwemm S.Ed. Jun 1958

Taxation - Federal Estate Tax - Insurance And Annuity Combinations, John B. Schwemm S.Ed.

Michigan Law Review

Decedent, aged seventy-six, invested in three single premium life insurance policies. Issuance of each was conditioned on the purchase of a single life, nonrefundable annuity of specified value, and no physical examination was required. Each combination was balanced so that the total premium, exclusive of loading charges, equalled the face value of the insurance. The resulting correlation between compound interest and annuity disbursements made the guaranteed payments to the annuitant correspond precisely with the expected income of a reinvestment of the entire deposit by the insurer. Decedent retained the annuity rights, but all present and future interests in the life …


Bonds - Income Bonds - Rights Of Bondholders And Deductibility Of Interest For Federal Income Tax Purposes, Guy B. Maxfield S.Ed., Michael M. Lyons S.Ed. Jun 1958

Bonds - Income Bonds - Rights Of Bondholders And Deductibility Of Interest For Federal Income Tax Purposes, Guy B. Maxfield S.Ed., Michael M. Lyons S.Ed.

Michigan Law Review

An income bond is an obligation of a corporation on which interest is payable only out of earnings, as distinguished from the ordinary corporate bond on which interest is a fixed charge regardless of earnings. Long regarded as a hybrid security which is to be issued only as a last resort, income bonds have grown surprisingly in popularity over the past two decades. It is the purpose of this comment to consider the historical background of income bonds, to make a comparative analysis of the bond indentures as they affect investors' rights, and to consider the deductibility of income bond …


Taxation - Federal Income Tax - Proceeds From Cancellation Of Contract Treated As Ordinary Income, Jerome B. Libin S.Ed. Jun 1958

Taxation - Federal Income Tax - Proceeds From Cancellation Of Contract Treated As Ordinary Income, Jerome B. Libin S.Ed.

Michigan Law Review

Taxpayer had the exclusive right for a period of ten years to purchase all the coal mined by the operator of certain mines. In 1949 the operator paid taxpayer $500,000 as consideration for the complete acquisition of taxpayer's right and interest in the purchase agreement. Taxpayer reported this sum as a long-term capital gain. The Commissioner claimed that the amount received was ordinary income. The Tax Court upheld taxpayer's contention, indicating that the transaction had resulted in the sale or exchange of a capital asset. On appeal by the Commissioner, held, reversed, one justice dissenting. This transaction was more …


Taxation - Federal Income Tax - Right Of Donee To Deduct Expense Of Contesting Gift Tax Asserted Against Donor, William J. Wise S.Ed. May 1958

Taxation - Federal Income Tax - Right Of Donee To Deduct Expense Of Contesting Gift Tax Asserted Against Donor, William J. Wise S.Ed.

Michigan Law Review

ln 1948 taxpayer's mother gave him 410 shares of stock in the family enterprise. She filed a gift tax return, but the government, in auditing it, disagreed with her valuation of the stock. Donor had no desire to contest the government's valuation, but since his mother and father still held substantial stock in the business which would eventually go to him, donee desired a lower valuation for estate tax evidentiary purposes. Allegedly fearing personal liability for any deficiency assessed against his mother as well as a lien against the corpus of the gift for any unpaid tax, he decided to …


Constitutional Law - Intergovernmental Tax Immunities - Erosion Of Distinction Between Taxation Of Property And Of Privilege, Barry L. Kroll S.Ed. May 1958

Constitutional Law - Intergovernmental Tax Immunities - Erosion Of Distinction Between Taxation Of Property And Of Privilege, Barry L. Kroll S.Ed.

Michigan Law Review

Plaintiff Murray Corporation, a manufacturer of airplane parts for the federal government, was assessed a tax by the city of Detroit under the General Property Tax Act of Michigan, based in part on the value of materials. which the corporation had in its possession. Legal title to these materials was in the federal government. The corporation paid the taxes under protest and sued for a refund, contending that the taxes infringed the federal government's immunity from state taxation to the extent the taxes were based on the value of government property. The district court entered judgment for Murray and the …


Tax Management Of Estates And Trusts, By Practising Law Institute, Merle H. Miller Apr 1958

Tax Management Of Estates And Trusts, By Practising Law Institute, Merle H. Miller

Indiana Law Journal

No abstract provided.


Constitutional Law--Taxation Of Interstate Commerce--Railroad Loop Traffic, D. L. Mcd. Apr 1958

Constitutional Law--Taxation Of Interstate Commerce--Railroad Loop Traffic, D. L. Mcd.

West Virginia Law Review

No abstract provided.


Taxes Imposed By The Federal Government - Their Nature, Rates, And Methods Of Reporting And Payment, Thomas J. Middleton Jr. Apr 1958

Taxes Imposed By The Federal Government - Their Nature, Rates, And Methods Of Reporting And Payment, Thomas J. Middleton Jr.

William & Mary Law Review

No abstract provided.


Tax Accrual Accounting For Contested Items (Without The Benefit Of I.R.C. Sections 452 And 462), Harrop A. Freeman Mar 1958

Tax Accrual Accounting For Contested Items (Without The Benefit Of I.R.C. Sections 452 And 462), Harrop A. Freeman

Michigan Law Review

A spate of cases in 1956-1957 has required us to examine again the tax handling of accrual accounting in an attempt to find some way through the judicial morass. This study is concerned primarily with proper income and expense accrual reporting in cases in which some form of controversy exists or may exist between the taxpayer and another party concerning the item to be accrued.


Taxation--Deferred Compensation Plan For Controlling Stockholder, J. S. T. Feb 1958

Taxation--Deferred Compensation Plan For Controlling Stockholder, J. S. T.

West Virginia Law Review

No abstract provided.


Bankruptcy - Priorities - Priority Status Of Tax On Wages Earned But Unpaid At Time Of Bankruptcy, John F. Powell Feb 1958

Bankruptcy - Priorities - Priority Status Of Tax On Wages Earned But Unpaid At Time Of Bankruptcy, John F. Powell

Michigan Law Review

The State of California demanded that a trustee in bankruptcy pay the employer's tax due on wages earned by the employees of the bankrupt. The wages were earned within the three-month period prior to the petition in bankruptcy but had not been paid prior to bankruptcy. The trustee did not continue the operation of the bankrupt's business. The United States district court reversed the Referee and ordered the trustee to pay the tax claim. The court of appeals affirm. ed. On rehearing, held, affirmed. Since the tax is not due until the wages are actually paid, the tax accrues …


Corporations--Effect Of Proposed Stock Voting Amendment, R. G. D. Feb 1958

Corporations--Effect Of Proposed Stock Voting Amendment, R. G. D.

West Virginia Law Review

No abstract provided.


Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva Jan 1958

Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


The Indiana Uniform Gifts To Minors Act Jan 1958

The Indiana Uniform Gifts To Minors Act

Indiana Law Journal

No abstract provided.


Changes In Tax Accounting: Administrative And Legislative Nonsense, William A. Kelley Jr., Milton P. King Jan 1958

Changes In Tax Accounting: Administrative And Legislative Nonsense, William A. Kelley Jr., Milton P. King

Villanova Law Review

No abstract provided.


Tax Considerations In Real Estate Syndication, Sidney H. Asch Jan 1958

Tax Considerations In Real Estate Syndication, Sidney H. Asch

Villanova Law Review

No abstract provided.


An Economic Analysis Of Contributions Under The Income Tax Laws, Floyd E. Gillis, Vernon L. Smith Jan 1958

An Economic Analysis Of Contributions Under The Income Tax Laws, Floyd E. Gillis, Vernon L. Smith

Economics Faculty Articles and Research

In this note classical tools are used to examine the treatment of "gifts in kind" under the federal income-tax laws as they were but a few years ago, as they are today, and as they should be, given the objective that the law appears to be trying to achieve. It will be demonstrated that, under certain conditions, firms today can maximize profit after taxes by producing some output to be given to acceptable charities.


The Impact Of The 12% Reserve Income Tax Provivsion Upon The Banking Structure, Paul D. Lagomarcino Jan 1958

The Impact Of The 12% Reserve Income Tax Provivsion Upon The Banking Structure, Paul D. Lagomarcino

Michigan Law Review

Ordinarily, it is difficult, if not almost impossible, to measure with any degree of accuracy the impact of a tax provision upon an industry. This is often so even after years of experience under it. Moreover, with few exceptions, it is an unusual tax provision that shapes the fundamental ·practices and competitive relationships within an industry, unless it is purposely directed to that end as a matter of policy, and, even then, it may (and frequently does) fail of its objective. Section 593 of the Internal Revenue Code of 1954 is unique in all these respects; on its face-a provision …


Disregarding The Corporate Entity For Income Tax Purposes, Edw. Glenn Sanderfur Jan 1958

Disregarding The Corporate Entity For Income Tax Purposes, Edw. Glenn Sanderfur

Kentucky Law Journal

No abstract provided.