Law Commons^™

A Second Look At The Zero Basis Hoax, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.

Section 338(H)(10), Mark L. Yecies

William & Mary Annual Tax Conference

No abstract provided.

Proposed Intercompany Transaction Regulations: Side-By-Side Comparisons, Andrew J. Dubroff

William & Mary Annual Tax Conference

No abstract provided.

Final Consolidated Return Regulations Modifying The Calculation Of Stock Basis And Other Items, Kevin A. Duvall

William & Mary Annual Tax Conference

No abstract provided.

Selected Issues In Operating An S Corporation, Thomas P. Rohman

William & Mary Annual Tax Conference

No abstract provided.

Purchase And Sale Of Interests; Asset And Stock Acquisitions; Redemptions; And Terminations In Pass-Through Entities, Richard A. Shaw, Michael G. Frankel, Mary L. Harmon

William & Mary Annual Tax Conference

No abstract provided.

Planning For The Termination Of An Interest In A Partnership - Withdrawals, Distributions And Other Exit Strategies, Michael G. Frankel

William & Mary Annual Tax Conference

No abstract provided.

Federal Income Tax Considerations Of Acquisitions Involving S Corporations, Mary L. Harmon

William & Mary Annual Tax Conference

No abstract provided.

C To S To C Conversions, Bryan P. Collins

William & Mary Annual Tax Conference

No abstract provided.

Federal Taxation On Disposition Of Partnership Interests, Richard A. Shaw

William & Mary Annual Tax Conference

No abstract provided.

Choice Of Entity: S Corporations And Limited Liability Companies, Samuel P. Starr

William & Mary Annual Tax Conference

No abstract provided.

Planning With S Corporations, Richard A. Shaw

William & Mary Annual Tax Conference

No abstract provided.

Bureau Of State Audits, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.

West Lynn Creamery And The Constitutionality Of State Tax Incentives, Walter Hellerstein

Scholarly Works

One of the more perplexing questions that has surfaced from time to time in the state tax field is how a constitutionally benign tax incentive program designed to attract industry to a state is to be distinguished from an unconstitutionally discriminatory taxing scheme that “forecloses tax-neutral decisions” and “provides a direct commercial advantage to local business.” On one hand, the U.S. Supreme Court has expressed the view that its decisions do “not prevent the States from structuring their tax systems to encourage the growth and development of intrastate commerce and industry.” On the other hand, the Court has frequently invalidated …

Taxing Times For Lesbians And Gay Men: Equality At What Cost?, Claire Fl Young

Dalhousie Law Journal

In this article I shall briefly review some of those struggles and the current state of the law. This forms the backdrop to an issue that I view as being of fundamental importance to lesbians and gay men in their fight for equality and which has not received much attention; that is the tax system. I shall focus on two aspects. First, I shall analyse the use of the tax system as a spending programme and a tool by which to subsidise particular activities. In this context I shall examine the federal government's refusal to recognise lesbian and gay relationships, …

The Health Security Act: Coercion And Distrust For The Market, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.

Designing A Hybrid Income-Consumption Tax, Michael S. Knoll

All Faculty Scholarship

No abstract provided.

Bureau Of State Audits, A. Rovell

California Regulatory Law Reporter

No abstract provided.

Issues In The Design Of Formulary Apportionment In The Context Of Nafta, Richard Pomp

Faculty Articles and Papers

No abstract provided.

Tax Harmonization And Coordination In Europe And America, Stephen Utz

Faculty Articles and Papers

No abstract provided.

Current Issues Of Federal Tax Policy, Bernard Wolfman

University of Arkansas at Little Rock Law Review

No abstract provided.

Paying Back Your Country Through Income-Contingent Student Loans, Evelyn Brody

San Diego Law Review

Governmental subsidies to higher education raise issues of fairness between families and between generations. The partial conversion of the federal guaranteed student loan program into a program of direct governmental lending permits a graduate to pay back the loan with a modest percentage of future income. This Article notes that this income-contingent repayment option provides most graduates with the only insurance they need against a poor job market. Thus, the author argues that this legislation needlessly retains existing federal subsidies, which could be more effectively targeted to the needy.

Partial Termination Of Single-Employer Tax Qualified Plans: Clarity Or Misappropriated Judicial Decision-Making?, Samantha J. Prince, Jo Ann Petroziello

Faculty Scholarly Works

For over three decades, the Internal Revenue Code [hereinafter I.R.C. or Code 1 has contained provisions that require that all benefits in a single-employer tax qualified plan become fully vested when the plan is partially terminated. However, the Internal Revenue Service [hereinafter IRS or Service] has failed to articulate a standard for determining when a partial termination has occurred. Instead, the courts and the Service have utilized a “facts and circumstances” test which does not set clear guidelines. In light of the application of inconsistent approaches by the courts, recent decisions answering partial plan termination questions have served only to …

Paying Back Your Country Through Income-Contingent Student Loans, Evelyn Brody

All Faculty Scholarship

This article uses the case of paying for a college education to study broad issues of equity, both between families and between generations. As a normative matter, I argue that we should subsidize the education of those who are disadvantaged, but that is because a college education generally 'pays off,' society as a whole should not subsidize most students. Rather, the government can serve the valuable function of simply ensuring that students have access to sufficient loans to finance their education. Congress recently enacted President Clinton's proposal to convert the federal role from a guarantor of student loans to a …

An Alternative Approach To The Taxation Of Employment Discrimination Recoveries Under Federal Civil Rights Statutes: Income From Human Capital, Realization, And Nonrecognition, Mary L. Heen

Law Faculty Publications

The taxation of employment discrimination recoveries under federal civil rights statutes, according to the United States Supreme Court's pronouncement in United States v. Burke, turns on whether a particular claim is sufficiently "tort-like" to warrant exclusion from income as a personal injury. In place of the "tort-like" standard, Professor Mary L Heen offers a human capital approach that she believes is both more responsive to the goals of the civil rights statutes at issue and more consistent with income tax policy.

Like personal injuries in tort, injuries caused by employment discrimination diminish an individual's human capital-they are just as surely …

Telecommunications Property Taxation, James A. Amdur

Federal Communications Law Journal

Because of recent changes in the regulatory environment, both states and telecommunications carriers are giving increased attention to property taxation. In analyzing the principles and practices involved in property taxation of telecommunications carriers, the Article emphasizes the relationship between the manner of regulation and the valuation of property. The Article reviews three major cases that deal with significant current valuation issues, and concludes that a uniform system of valuation and taxation would be the optimal solution to resolve many of the issues.

Partnership Profits Share For Services: An Aggregate Exegesis Of Revenue Procedure 93-27 (Part 1), John W. Lee

Faculty Publications

In this article, Lee charts two alternative methods for implementing an aggregate solution to the problem of partnership profits share exchanged for services. The functional, or judicial, method, he explains, is to handle (1) the exchange of partner-capacity services for a profit share subject to the risk of the venture with the Culbertson "common law relation of partnership," nonrealization event doctrine, implicitly contemplated by the 1984 legislative history to section 707(a)(2); (2) the classic Diamond transitory partner with a substance-over-form rule or step-transaction rule; and (3) a sale of the partnership interest in circumstances that would result in ordinary income …

The Effect Of The Statist-Political Approach To International Jurisdiction Of The Income Tax Regime- The Israeli Case, David Gliksberg

Michigan Journal of International Law

This article proceeds from the general to the particular, by first presenting the principles of international jurisdiction of the international taxation regime and their connection with statist thinking, and then examining the rules of international jurisdiction of income taxation in Israel and the influence of the statist conception in Israel on the formation of those rules.

The Troubled Rule Of Nondiscrimination In Taxing Foreign Direct Investment, Robert A. Green

Cornell Law Faculty Publications

[Abstract needed]

The Paradox Of Corporate Giving: Tax Expenditures, The Nature Of The Corporation, And The Social Construction Of Charity, Nancy J. Knauer

Nancy J. Knauer

Corporate charitable giving is big business. Fundraisers estimate that in 1992, U.S. corporations contributed $6 billion to qualified charitable organizations. Hard-pressed for funds, qualified charities actively seek and compete for corporate contributions. Fundraising literature identifies corporate giving as the last great frontier of philanthropy. Marketing literature touts corporate giving as the latest advertising and public relations technique. Both camps proclaim that corporate giving is good for business and extol the business advantages which flow from transfers to charity. In short, corporate giving means doing best by doing good. Legal scholarship ignores the way corporate giving is described, justified, and expressed …