Law Commons^™

Subchapter S: Operational Issues, Peter L. Faber

William & Mary Annual Tax Conference

No abstract provided.

Tax Aspects Of Discharge Of Indebtedness, Robert E. Lee

William & Mary Annual Tax Conference

No abstract provided.

Coping With The New Irs Exam Initiatives, Peter K. Scott

William & Mary Annual Tax Conference

No abstract provided.

Tax Consequences Of Restructuring Debt On Troubled Real Estate, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.

Tax Workers Dealing With The Irs As A Creditor, Richard E. Timbie

William & Mary Annual Tax Conference

No abstract provided.

Planning Opportunities After Chapter 14 (Section 2701 And 2702), Frederic A. Nicholson

William & Mary Annual Tax Conference

No abstract provided.

S Corporation Stock In Trusts And Estates - Preserving The S Election And Other Practical Problems, W. Birch Douglass Iii

William & Mary Annual Tax Conference

No abstract provided.

Tax Titles In Utah: Caveats For Potential Purchasers And Proposals For Change, Guy Lamoyne Black

BYU Law Review

No abstract provided.

Tax Preparer Program, S. Delaney

California Regulatory Law Reporter

No abstract provided.

Constitutional Law—Taxation—Intramedia Differential Tax Scheme Upheld. Leather V. Medlock, 111 S. Ct. 1438 (1991)., John W. Campbell

University of Arkansas at Little Rock Law Review

No abstract provided.

Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky

Articles

No abstract provided.

Rolling Down The Curtain On "Roll-Ups": The Case For Federal Legislation To Protect Limited Partners, Kenneth R. Hillier

Michigan Law Review

This Note examines roll-ups and the lack of alternatives available to reluctant limited partners. Part I focuses on existing judicial remedies for limited partners, such as injunctions and actions for damages, and explains why these courses of action provide inadequate protection. This Part then reviews recent attempts at statutory protection and points out the shortcomings of these remedies. Part II examines safeguards afforded analogously situated corporate shareholders and sets forth arguments why limited partners should receive similar protection. After demonstrating the need for legislation, Part III suggests a workable structure for this statutory protection. Then, the Note discusses the relative …

Tax Preparer Program, C. Chatard

California Regulatory Law Reporter

No abstract provided.

The Taxpayer's Duty Of Consistency, Steve R. Johnson

Scholarly Publications

A transaction may affect the taxpayer's federal tax liability for both the current period and subsequent periods. No difficulty arises if the taxpayer treats the transaction consistently over the periods. However, significant tax distortions are possible if the taxpayer's characterization of the transaction varies from period to period. A recharacterization may be particularly troublesome if the statute of limitations has expired, and the first period is not open to correction at the time the inconsistent representation is made.

The duty of consistency was developed to address this problem. If the duty applies, the taxpayer is not permitted to shift his …

Justice Scalia And The Commerce Clause: Reflections Of A State Tax Lawyer, Walter Hellerstein

Scholarly Works

This paper considers Justice Scalia's substantive views of the restraints that the commerce clause imposes on state taxation. My purpose is to examine critically Justice Scalia's dormant or "negative" commerce clause analysis of the state tax issues on which he has opined and to draw from that examination some general conclusions about Justice Scalia's commerce clause jurisprudence.

Tax Preparer Program, C. Chatard

California Regulatory Law Reporter

No abstract provided.

The Finnigan Case: A Reply To Vogelenzang's Second Stage Apportionment Of Unitary Income, Walter Hellerstein, Jerome R. Hellerstein

Scholarly Works

In this article J. Hellerstein and W. Hellerstein take issue with arguments made by Pierre Vogelenzang in a special report in Tax Notes that California’s second-stage apportionment of the income of a unitary business amounts to unconstitutional extraterritorial taxation. In the Finnigan case, the California State Board of Equalization held that sales made into California by a corporation that is not itself taxable in California, but is a member of a unitary group that is taxable there, are includable in the numerator of the state’s sales factor in apportioning income. The authors defend this result, arguing that the separate identity …

The Charitable Status Of Nonprofit Hospitals: Toward A Donative Theory Of Tax Exemption, Mark A. Hall, John D. Colombo

Washington Law Review

This Article examines the growing controversy over the multi-billion dollar charitable tax exemption enjoyed by nonprofit hospitals. It begins by articulating four criteria for evaluating a rationale of the charitable exemption: deservedness, incorporating the elements of worth and need; proportionality; universality; and historical consistency. The Article then employs these criteria to refute three conventional explanations of why nonprofit hospitals are exempt: because health care is a per se charitable activity; because the treatment of indigent patients relieves a government burden; and because nonprofit hospitals provide community benefits. The Article also uses these criteria to refute two academic theories: Boris Bittker's …

Tax To Grind: Unequal Personal Income Taxation Of Massachusetts Single-Parent Families And Options For Reform, Randy Albelda

New England Journal of Public Policy

While Massachusetts households headed by single parents have, on average, less income than other types of families, they are subject to the same effective income tax rate as the population as a whole. Consequently, such head-of-household families are victims of inequitable tax treatment in two ways. First, their current personal exemptions result in a higher tax burden on these families than on families of the same size and income who file joint income tax returns. Second, head-of-household families, defined as single filers, must apply a lower no-tax threshold than joint filers, even though the former are also composed of two …

Broken Promises Revisited: The Window Of Vulnerability For Surviving Spouses Under Erisa, Camilla E. Watson

Scholarly Works

While there are pervasive problems with the current ERISA legislation, this Article will focus only on survivor benefits and will concentrate in particular on the short-term marriage provision. This Article will maintain that facial neutrality notwithstanding, the short-term marriage provision is discriminatory in effect, grounded in dubious logic, and unsupportable from a historical perspective. In order to demonstrate this, this Article will delve thoroughly into the historical development of ERISA, with particular emphasis on the survivor benefit provisions. The depth to which this Article plumbs the general development of ERISA is intended to demonstrate the weak historical foundation on which …

Estate Tax Return Preparation Software, Mark Gillett

Mark R Gillett

No abstract provided.

Form 990: Useful In Analyzing Not-For-Profit Ministries?, Il-Woon Kim, Charles K. Moore, Richard W. Metcalf

Akron Tax Journal

The major purpose of this article is to analyze the Forms 990 filed with the IRS by some religious organizations including television evangelists. Specifically, this article (1) examines the financial operations of religious organizations, such as revenue generation, spending, investment and borrowing; (2) investigates their accounting practices and conformance to generally accepted accounting principles; and (3) discusses the usefulness of Form 990 in monitoring tax-exempt religious organizations. The results of this study will provide evidence on whether the Form 990 filed by religious organizations conforms to generally accepted accounting principles and fairly represents their financial operations. The results will also …

Substance Over Form: The Conerstone Of Our Tax System Or A Lethal Weapon In The Irs's Arsenal?, Ray A. Knight, Lee G. Knight

Akron Tax Journal

This article reviews the IRS and court usage of the substance over form doctrine to determine its role in the federal tax system. The specific issue addressed is whether the doctrine is the cornerstone of the federal tax system or merely another lethal weapon in the IRS's arsenal. To accomplish this objective, the article focuses on the doctrine's development in Supreme Court cases, and describes the primary ancillary tax principles applied to create and shape the doctrine: arm's-length versus self-dealing, business purpose versus tax avoidance, and step versus independent transaction treatment of a series of interrelated transactions. The issue of …

The Simplified Employee Pension: An Increasingly Attractive Alternative Among Qualified Retirement Plans, Richard J. Kovach

Akron Tax Journal

Even if the SEP rules remain unaltered for the next several years, employers will want to continue questioning whether their retirement contribution objectives are best served by conventional plans that are increasingly more difficult to administer and keep tax-qualified.9 In effect, the SEP may become more attractive by default, as I.R.C. § 401(a) plans continue to become less attractive as a result of the overly complex legislative and regulatory tinkering to which they are subject. Practitioners should reconsider this point when reviewing each new change or interpretation of law affecting standard qualified retirement plans.

The discussion that follows is organized …

Establishing Reasonableness Of Compensation Difficult In Irs Attackes, Michael P. Watters, Daryl Burckel

Akron Tax Journal

With this in mind, reasonable compensation determinations have developed a different twist for shareholder-employees of Subchapter S corporations. As the payroll tax burden continues to increase, it now appears that the respective positions of the taxpayer and the IRS in issues of reasonable compensation, at least in the case of S corporations, are being reversed. Thus the issue has turned to how small, rather than how large, a shareholder-employee's salary may be and still be considered reasonable.

The topic at hand centers around minimizing the payroll tax burden of the shareholder-employee. In recent years, payroll taxes have increased substantially in …

Bankruptcy Officials Vs. The Internal Revenue Service: A Federal House Divided Against Itself, Craig J. Langstraat, Mark S. Aquadro

Akron Tax Journal

This article will discuss several current areas of dispute between bankruptcy officials; i.e., trustees and judges, and the Internal Revenue Service ("IRS") as evidenced by litigation in the U.S. Supreme Court and certain federal circuit courts of appeal. A policy resolution to the numerous conflicts will be suggested along with specific statutory modifications to alleviate the costly burden of continued future litigation.

An Indepth Analysis Of The New Money Laundering Statutes, Peter J. Kacarab

Akron Tax Journal

This article will analyze in depth the elements, application, and limitation of these statutes. It is the author's intent that the reader, after digesting the following pages, will come away with an understanding of the statutes and have an appreciation that these laws, although not a panacea, can be a powerful new tool for the Federal government in its war against crime.

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Taxation in the People's Republic of China

By Jinyan Li

New York, New York: Praeger Publishers, 1991. Pp. 208. $49.95.

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Liberating the Law: Creating Popular Justice in Mozambique

By Albie Sachs and Gita Honwana Welch

Atlantic Highlands, New Jersey: Zed Books, 1990. Pp. 132. $55.00.

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International Fugitives: A New Role for the International Court of Justice

By Barbara M. Yarnold

New York, New York: Praeger Publishers, 1991. Pp. 168. $37.95.

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Effective Lobbying in the European Community

By James N. Gardner

Boston, Massachusetts: Kluwer Law and Taxation Publishers,1991. Pp. xix, 162. $45.00.

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European Human Rights Law

By …

Tax Preparer Program, C. Chatard

California Regulatory Law Reporter

No abstract provided.

Judicially-Suggested Harassment Of Indian Tribes: The Potawatomis Revisit Moe And Colville, Michael Minnis

American Indian Law Review

No abstract provided.