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Articles 31 - 51 of 51
Full-Text Articles in Law
Taxation Of Professional Athletes, Ronald B. Cohen
Taxation Of Professional Athletes, Ronald B. Cohen
Cleveland State Law Review
There is very little doubt that the current income tax laws are not applied with equal fairness to people of all occupations. There are many groups whom Congress has seen fit to give many tax advantages, both directly and indirectly. Others assert, and rightly so, that they must pay too much of the tax burden. Professional athletes have probably often wondered just which category best fitted them. This article is for the purpose of pointing out some of the unique problems of the "play for pay" boys. I have grouped those problems into three topics, which I call, "Deferred Compensation", …
Tax Of Qualified Deferred Compensation Plan, Lucius C. Gossick
Tax Of Qualified Deferred Compensation Plan, Lucius C. Gossick
Cleveland State Law Review
One of the primary reasons for the steady growth in the number of qualified deferred compensation plans described in Section 401 (a) of the Internal Revenue Code of 19541 is their usefulness as tax planning devices. An important tax consideration in adopting such a plan is that the taxation of plan benefits to employee-participants or their beneficiaries, provided by current employer contributions, will be deferred to some future time. Because of the rapid changes that occur in the income tax law this article will cover general tax considerations applicable to such benefits that exist presently. Consideration will be given the …
Tax Aspects Of Intellectual Property, Lawrence R. Bloomenthal
Tax Aspects Of Intellectual Property, Lawrence R. Bloomenthal
Cleveland State Law Review
Creative activity in the scientific, technical, literary, musical and artistic fields is encouraged by preferential treatment under the income tax laws. While musicians, authors, composers and inventors all receive some special tax benefits, inventors are awarded the most valuable tax breaks.
Taxation In Stockholders' Forgiveness Of Accrued Salaries, Ronald B. Cohen
Taxation In Stockholders' Forgiveness Of Accrued Salaries, Ronald B. Cohen
Cleveland State Law Review
Cancellation of indebtedness ordinarily will be treated as income to a debtor corporation unless the debt was forgiven by a stockholder. In the latter case, the corporation normally treats the resulting benefit as a contribution to capital. However, there is a much more delicate situation when the debt is the result of unpaid salaries, interest, or other corporation expenses. In the typical case, these items would have reduced the income of the corporation in the year of accrual, but would not have been picked up as income by the cash basis stockholder. Therefore, the effective result of forgiveness of salaries …
Puerto Rico - Tax Haven Or Tax Trap, Marvin I. Kelner, Lloyd J. Fingerhut
Puerto Rico - Tax Haven Or Tax Trap, Marvin I. Kelner, Lloyd J. Fingerhut
Cleveland State Law Review
This article does not encompass the entire subject of foreign taxation but is limited to two specific questions involved therein: 1. Where does a sale take place for purposes of Federal Taxation? 2. If it is determined that the sale takes place partly within and partly without the U. S., how much of the income from such sales is taxable to the U. S.?
Taxation Of Fringe Benefits Of Employees, Lawrence R. Bloomenthal
Taxation Of Fringe Benefits Of Employees, Lawrence R. Bloomenthal
Cleveland State Law Review
To attract and hold well-qualified personnel, management is finding it increasingly important to offer numerous "fringe benefits." These may include payment of moving costs, country club memberships, providing temporary living expense allowances and even reimbursement for benefits surrendered upon leaving a previous employer. While of chief importance for officers and executive agents, these benefits are also important to all other employees.
Book Review, Gerald M. Ozan
Book Review, Gerald M. Ozan
Cleveland State Law Review
Reviewing Ernest R. Mortenson, Federal Tax Fraud Law, Bobbs-Merrill Co., 1958
Tax Advantages Of Retirement Plans, Sheldon M. Young, Martin Silverman
Tax Advantages Of Retirement Plans, Sheldon M. Young, Martin Silverman
Cleveland State Law Review
A great many factors have been responsible for the phenomenal growth of retirement plans in the United States since 1930 - not the least of them being the impetus given to the establishment of pension plans as a result of labor negotiations initiated by unions after the Inland Steel decision of1949, wherein the National Labor Relations Board ruled that pensions were a proper subject of collective bargaining. Most authorities, however, recognize that high corporate and personal income tax rates, and broad beneficial tax privileges accorded to recipients of benefits under such programs are largely responsible for the adoption of these …
A Radical New Income Tax Plan, Donald E. Twitchell
A Radical New Income Tax Plan, Donald E. Twitchell
Cleveland State Law Review
T. Coleman Andrews former Commissioner of Internal Revenue, has embarked upon a campaign to abolish the income tax. J. Bracken Lee, Governor of Utah, has refused to pay part of his income tax as a protest against foreign economic aid. A Constitutional Amendment to limit the income tax to 25% was seriously considered a short time ago. Governor Lee's heroic gesture probably must be dismissed as a defiant skirmish in the perennial protests of isolationists. Though less spectacular, Andrews' views are much more significant because he will gain much sympathy from people who may never consider how they would fare …
Acute Tax Neuroses, Lawrence Bloomenthal
Acute Tax Neuroses, Lawrence Bloomenthal
Cleveland State Law Review
The major cause of acute taxitis is the mental and physical turmoil arising from accusations by the Revenue Service that false and fraudulent returns have been filed with intent to evade taxes. The three most common means by which tax evasion is discovered are: (1) routine audit-spot checks and surveys; (2) tips from informers in hopes of receiving sizeable rewards,or by jealous neighbors or disgruntled employees; (3) newspaper publicity about marriages, trips, home purchases, robberies, real estate and business transactions.
Tax Aspects Of Jury Valuation Of Future Earnings, John J. Kennett
Tax Aspects Of Jury Valuation Of Future Earnings, John J. Kennett
Cleveland State Law Review
Whether or not a jury should be instructed, in a personal injury case, that its verdict is exempt from federal income taxation, has been much discussed recently. A most practical element in this problem is the difference between "gross pay" and "take-home pay" in computing the present value of future earnings, when estimating damages. The real question presented by the topic concerns impairment, or deprivation, of future earning capacity. Some of the early English cases which I shall mention considered earnings lost between the time of injury and the time of trial, in addition to the impairment of future earning …
Tax Considerations In Organizing A Corporation, Marvin D. Kelner
Tax Considerations In Organizing A Corporation, Marvin D. Kelner
Cleveland State Law Review
It is almost impossible, and certainly impractical, to prepare a definitive checklist of incorporation procedures, which will guarantee complete safeguard for all of the "watchdog sections" of the present Internal Revenue Code and further guarantee the lowest tax burden for the corporation and its stockholders. The most that any careful lawyer can do is to apply known and foreseeable procedures, which have been tried and tested in the courts, to any particular company he is engaged in incorporating.
Taxable Status Of Business Tort Recoveries, Marvin I. Kelner
Taxable Status Of Business Tort Recoveries, Marvin I. Kelner
Cleveland State Law Review
More neglected perhaps than any other area of tax law that comes to the attention of the practicing lawyer is the taxability of damages. Damages, of course, represent the largest class of relief sought in the courts. This discussion will be limited to the taxable status of recoveries received from business torts, an area of much controversy today.
Instructions On Taxes In Personal Injury Suits, Lloyd J. Fingerhut
Instructions On Taxes In Personal Injury Suits, Lloyd J. Fingerhut
Cleveland State Law Review
The Internal Revenue Code enacted in 1954 has continued the 1939 Code provision of law that damages received, whether by suit or agreement, for personal injuries or sickness, are exempt from the Federal income taxation, by providing that such awards are specific exclusions from gross income. In light of this, many defense attorneys engaged in suits of such nature are asking the courts to instruct the jury of such provision, or in their closing arguments mentioning the same. The introduction of the provision in closing arguments has been the cause of many appeals and subsequent reversals due to prejudicial error.
Tax Advantages Of Foundations And Exempt Organizations, Joseph Berman, Daniel S. Berman
Tax Advantages Of Foundations And Exempt Organizations, Joseph Berman, Daniel S. Berman
Cleveland State Law Review
Businessmen these days are playing an ever increasing role in the creation and support of "non-profit" philanthropic foundations. Their purpose is a dual one; to save taxes and to immortalize a family name, and they are as old as the pyramids. We know of about 20,000 foundations existing in England, but the large broad-purpose foundations were created in the United States. The greatest expansion in this area is attributable to the family and corporate foundations. The corporation tax of 52% and the individual income tax of up to 91% are so severe that high-bracket taxpayers can give to charity at …
The Income Tax And Accounting Records For Illegal Businesses, Thomas J. Whiting
The Income Tax And Accounting Records For Illegal Businesses, Thomas J. Whiting
Cleveland State Law Review
The activities of gamblers and other illegal operators have received considerable public notice recently as a result of the Kefauver Committee's investigations. Although the amounts of money involved in these operations are astronomical, no complete records are maintained by these individuals. Amounts entered on income tax returns of this type are completely incapable of verification in the usual method because of the incompleteness of the records and data available. Admittedly these operators are in the unenviable position of being required to keep complete records for income tax purposes, but being afraid to do so because of their evidentiary value to …
Some Notes On Comparing Tax Accounting And General Accounting, Arthur R. Cerio
Some Notes On Comparing Tax Accounting And General Accounting, Arthur R. Cerio
Cleveland State Law Review
Many problems of taxation are caused by the differences between tax accounting principles and generally accepted accounting principles. Despite years of extensive litigation, the question of the timing of income or deductions is difficult to determine. Usually no additional revenue is realized by these conflicts in principles; they merely cause a shift of revenue between the years.
The Western Hemisphere Trading Corporation; In Outline, Samuel Laderman
The Western Hemisphere Trading Corporation; In Outline, Samuel Laderman
Cleveland State Law Review
One of the last frontiers of effective tax reduction exists in the exporting field. This device was specifically created by Congress to enable American corporations trading in foreign countries within the Western Hemisphere to compete with foreign corporations and has been approved by the Commissioner of Internal Revenue. There is no federal law providing for the incorporation of Western Hemisphere Trade Corporations. The corporations are organized under applicable state law and qualify as Western Hemisphere Trade Corporations.
Personal Holding Companies And Gross Income, Harvey Mahlig
Personal Holding Companies And Gross Income, Harvey Mahlig
Cleveland State Law Review
There are many small corporations, the ownership o fwhich is in the hands of a family group or a few individuals, which are susceptible to personal holding company rules. These require a careful analysis of stock ownership and gross income. While it may not have been the intention of an individual or of a group to form a personal holding company, circumstances may arise during a year which would qualify the corporation as one. A change in stock ownership, a change in the type of gross income or a change in the amount of gross income could very well transform …
Discharge Of Corporate Indebtedness At Less Than Face Value Under The Internal Revenue Code, Harvey Mahlig
Discharge Of Corporate Indebtedness At Less Than Face Value Under The Internal Revenue Code, Harvey Mahlig
Cleveland State Law Review
Prior to 1939 whenever a corporation paid less than the face amount of an obligation in full satisfaction thereof, taxable income was realized to the extent of the difference. In 1939 paragraph (9) was added to Section 22 (b) of the InternalRevenue Code. Therein it was provided that there should not be included in the taxable income of a corporation the amount of income attributable to the discharge of any indebtedness as evidenced by a security, provided at the time of such discharge the corporation was in an unsound financial condition. In orderto obtain the relief provided, the corporation had …
Taxation; Deductibility Of Corporate Contributions To A Group Annuity Policy And An Employee's Trust, Daniel R. Mccarthy
Taxation; Deductibility Of Corporate Contributions To A Group Annuity Policy And An Employee's Trust, Daniel R. Mccarthy
Cleveland State Law Review
Discussion of Lincoln Electric Company v. Commissioner of Internal Revenue, 17 Tax Court 1600 (1952): The petitioner, a manufacturing company, paid the sum of $575,206.43 into a retirement annuity policy for its employees and contributed the sum of $1,000,000.00 to an employees' trust. Held: Such payments constituted ordinary and necessary business expenses and were deductible under section 23 (a) (1)(A) of the Internal Revenue Code.