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Full-Text Articles in Law
Classifying Federal Taxes For Constitutional Purposes, Evgeny Magidenko
Classifying Federal Taxes For Constitutional Purposes, Evgeny Magidenko
University of Baltimore Law Review
In 2012, ruling on a challenge to President Obama’s landmark healthcare legislation, the Supreme Court upheld the legislation’s individual mandate penalty as a tax. The Court’s decision relied in part on the finding that the penalty was not a direct tax and so its lack of apportionment was not fatal. This was the first Supreme Court case in decades to address direct taxes, but regrettably it provided only a cursory examination of the subject. It did, however, serve as a useful reminder that the constitutional analysis of taxes is not a foregone conclusion and confirmed that there is a tenable …
Promise Vs. Performance: Why Public Subsidies Of Private Development Are Not Likely To Produce Fair Returns To The Taxpaying Public, Marc Knapp
University of Baltimore Journal of Land and Development
On September 10, 2013, the Baltimore City Council gave final approval to Harbor Point, a $1 billion multi-use project to be built on a vacant, remediated brownfield that juts into Baltimore's Inner Harbor. Like many urban development or redevelopment projects, Harbor Point will be supported by significant taxpayer subsidies. Between a $107 million direct investment in project-related infrastructure largely parks that will surround the to-be-built offices, shops and residences, and a waterfront promenade - along with a mixed bag of real estate and income tax incentives, the visible public support to Harbor Point will exceed $200 million, 20% of projected …
Comments: "Simplification" Is Not Enough: An Analysis Of The Home Office Tax Deduction And The Home Office Simplification Act Of 2009, Lauren Marini
Comments: "Simplification" Is Not Enough: An Analysis Of The Home Office Tax Deduction And The Home Office Simplification Act Of 2009, Lauren Marini
University of Baltimore Law Review
No abstract provided.
Tax Symposium: An Overview Of The Low Income Housing Tax Credit, Andrew Zack Blatter, Elena Marty-Nelson
Tax Symposium: An Overview Of The Low Income Housing Tax Credit, Andrew Zack Blatter, Elena Marty-Nelson
University of Baltimore Law Review
No abstract provided.
Tax Symposium: Capital Losses: Falling Short On Fairness And Simplicity, Fred W. Peel Jr.
Tax Symposium: Capital Losses: Falling Short On Fairness And Simplicity, Fred W. Peel Jr.
University of Baltimore Law Review
No abstract provided.
Casenotes: Federal Income Tax — Taxpayers Can Defer The Gain Recognized On The Sale Of Their Primary Residence And Deduct Depreciation And Maintenance Expenses On The Rental Of That Same Property. Bolaris V. Commissioner, 776 F.2d 1428 (9th Cir. 1985), Kendel L. Sibiski
University of Baltimore Law Review
No abstract provided.
Comments: Conflict Between The Internal Revenue Code And The Fifth Amendment Privilege Against Self-Incrimination, Richard B. Stanley
Comments: Conflict Between The Internal Revenue Code And The Fifth Amendment Privilege Against Self-Incrimination, Richard B. Stanley
University of Baltimore Law Review
The privilege against self-incrimination contained in the fifth amendment to the United States Constitution is invoked with some frequency in the reporting of income to the Internal Revenue Service. Unfortunately, no definite standard for the applicability of this privilege to income reporting has emerged. In this comment, the author reviews decisional law on the applicability of this privilege to income reporting and analyzes under what circumstances this privilege can be invoked.
Casenotes: Federal Income Tax — Charitable Contributions — An Individual's Assignment Of Premium Refunds To The American Bar Endowment Is Deductible When The Relationship Between The Endowment And The Taxpayer Is Not Predominately Of A Business Nature And The Transaction Has A Substantial Charitable Component. American Bar Endowment V. United States, 761 F.2d 1573 (Fed. Cir.), Cert. Granted, 106 S. Ct. 522 (1985), James M. Di Stefano
University of Baltimore Law Review
No abstract provided.
Commments: Putting The House In Order: An Analysis Of And Planning Considerations For Home Office Deduction, Mark T. Holtschneider
Commments: Putting The House In Order: An Analysis Of And Planning Considerations For Home Office Deduction, Mark T. Holtschneider
University of Baltimore Law Review
Section 280A of the Internal Revenue Code allows a taxpayer to deduct expenses incurred with respect to his home office only if the home office qualifies as a principal place of business, is a place of business where he meets or deals with patients, clients, or customers, or is in a separate structure detached from his residence. These exceptions, designed to permit a home office deduction only to deserving taxpayers, have been a point of contention between the Internal Revenue Service and taxpayers. In this comment, the author examines the statutory components of section 280A, reviews the decisional law, suggests …
Casenotes: Federal Income Tax — Foreign Currency Transactions — Loss On Borrowing And Repayment Of Foreign Currency, Even Though Foreign Currency Is A Capital Asset, Results In An Ordinary Loss As There Was No Sale Or Exchange. National-Standard Co. V. Commissioner, 80 T.C. 551 (1983), Neil Z. Insel
University of Baltimore Law Review
No abstract provided.