Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Taxation-Federal

Journal

2012

Institution
Keyword
Publication

Articles 1 - 26 of 26

Full-Text Articles in Law

Indopco, Inc. V. Commissioner: National Starch Isn't The Only One "Stiffed" By The Supreme Court's Decision, Jeffrey Gates Davis Nov 2012

Indopco, Inc. V. Commissioner: National Starch Isn't The Only One "Stiffed" By The Supreme Court's Decision, Jeffrey Gates Davis

Pepperdine Law Review

No abstract provided.


The Case For The Retention Of The State Death Tax Credit In The Federal Transfer Tax Scheme: "Just Say No" To A Deduction, John M. Janiga, Louis S. Harrison Nov 2012

The Case For The Retention Of The State Death Tax Credit In The Federal Transfer Tax Scheme: "Just Say No" To A Deduction, John M. Janiga, Louis S. Harrison

Pepperdine Law Review

No abstract provided.


How Long Can This Go On? The Controversy Over The Application Of The Statute Of Limitations To S Corporations And Their Shareholders, J. Marcus Sommers Nov 2012

How Long Can This Go On? The Controversy Over The Application Of The Statute Of Limitations To S Corporations And Their Shareholders, J. Marcus Sommers

Pepperdine Law Review

No abstract provided.


Utility Of Personal Service Corporations For Athletes, Bret M. Kanis Nov 2012

Utility Of Personal Service Corporations For Athletes, Bret M. Kanis

Pepperdine Law Review

No abstract provided.


Reforming Executive Compensation: What Do We Know And Where Do We Go?, Priyanka Rajagopalan Sep 2012

Reforming Executive Compensation: What Do We Know And Where Do We Go?, Priyanka Rajagopalan

The Journal of Business, Entrepreneurship & the Law

In this Article, I study a fascinating problem - what are the legal, political and economic implications of regulating executive bonuses? While the Administration's recent consideration of proposals to tax bonuses of AIG executives has sparked a great deal of media speculation and attention, there has been little legal scholarship discussing the various possible consequences of this and other methods of regulating executive compensation. Especially given the growing interest in executive compensation and the possible benefits and costs of regulation in this arena, I believe this paper will make a significant scholarly contribution to the existing literature on corporate governance …


The Physical Consequences Of Emotional Distress: The Need For A New Test To Determine What Amounts Are Excluded From Gross Income Under § 104(A)(2), C. Anthony Wolfe Iv Sep 2012

The Physical Consequences Of Emotional Distress: The Need For A New Test To Determine What Amounts Are Excluded From Gross Income Under § 104(A)(2), C. Anthony Wolfe Iv

Washington and Lee Law Review

No abstract provided.


Federal Taxation, Robert Beard Jul 2012

Federal Taxation, Robert Beard

Mercer Law Review

In the year 2011, the courts addressed interesting issues in the areas of constructive receipt, taxpayer standing to pursue non-monetary damages, and lender liability for unpaid payroll taxes. This Article surveys these decisions.


Court Reform And Breathing Space Under The Establishment Clause, Mark C. Rahdert Jun 2012

Court Reform And Breathing Space Under The Establishment Clause, Mark C. Rahdert

Chicago-Kent Law Review

Flast v. Cohen held that federal taxpayers have standing to challenge government spending for religion. While Frothingham v. Mellon generally prohibits taxpayer standing in federal courts, the Court reasoned that the Establishment Clause specifically prohibits taxation in any amount to fund unconstitutional religious spending. For several decades Flast has been settled law that supplied jurisdiction in many leading establishment cases. But Hein v. Freedom from Religion Foundation, Inc. and Arizona Christian School Tuition Organization v. Winn signal that Flast may soon be overruled. This jurisdictional ferment raises two questions: Why this sudden shift? And what does it signify for the …


Fatca: Toward A Multilateral Automatic Information Reporting Regime, Joanna Heiberg Jun 2012

Fatca: Toward A Multilateral Automatic Information Reporting Regime, Joanna Heiberg

Washington and Lee Law Review

No abstract provided.


Can Employees Deduct Meals And Gifts For Co-Workers?, Ke Huang May 2012

Can Employees Deduct Meals And Gifts For Co-Workers?, Ke Huang

The Contemporary Tax Journal

No abstract provided.


Tax Reform And Incentives For Innovation, Annette Nellen May 2012

Tax Reform And Incentives For Innovation, Annette Nellen

The Contemporary Tax Journal

No abstract provided.


Increase In Standard Mileage Rate For Certain Charitable Work May 2012

Increase In Standard Mileage Rate For Certain Charitable Work

The Contemporary Tax Journal

No abstract provided.


The Contemporary Tax Journal Volume 2, No. 1 – Spring 2012 May 2012

The Contemporary Tax Journal Volume 2, No. 1 – Spring 2012

The Contemporary Tax Journal

No abstract provided.


Election By Certain Individuals To Have Their Income Tax Return Prepared By The Irs May 2012

Election By Certain Individuals To Have Their Income Tax Return Prepared By The Irs

The Contemporary Tax Journal

No abstract provided.


New Reporting Requirements For Foreign Financial Assets, Christopher Rossi May 2012

New Reporting Requirements For Foreign Financial Assets, Christopher Rossi

The Contemporary Tax Journal

No abstract provided.


Irs Still Battling “Abusive Tax Shelters” 25 Years Later, Lindsay Wilkinson, May 2012

Irs Still Battling “Abusive Tax Shelters” 25 Years Later, Lindsay Wilkinson,

The Contemporary Tax Journal

No abstract provided.


Fitness Tax Credits: Costs, Benefits, And Viability, Daniel M. Reach Apr 2012

Fitness Tax Credits: Costs, Benefits, And Viability, Daniel M. Reach

Northwestern Journal of Law & Social Policy

As the number of overweight and obese Americans rises, it becomes increasingly clear that Americans need further incentives to stimulate lasting lifestyle changes. Tax incentives focused on exercise, which have been largely unexplored to this point, are an effective response to the growing obesity problem in the United States that would largely avoid the political opposition that tax policies focused on diet have encountered. In addition, they would also provide a more palatable solution for the taxpayer beneficiaries with a relatively low impact on government revenues. Viable tax incentives to encourage greater fitness include tax credits and sales tax breaks, …


The Great American Tax Novel, Lawrence Zelenak Apr 2012

The Great American Tax Novel, Lawrence Zelenak

Michigan Law Review

David Foster Wallace-author of the celebrated novel Infinite Jest and among the most acclaimed American fiction writers of his generation-killed himself in 2008 at the age of forty-six. He left in his office hundreds of pages of The Pale King, an unfinished novel set in the fictional Peoria, Illinois regional examination center ("REC") of the Internal Revenue Service ("IRS" or "the Service") in 1985. Although many chapters of the novel were seemingly complete, Wallace left no indication (other than what could be gleaned from the chapters themselves) of the order of the chapters (pp. vi-vii). Michael Pietsch, who had served …


The Taxman On Campus: How Aggressive Irs Initiatives Are Increasing Audit And Compliance Risk For Colleges And Universities, William A. Bailey Mar 2012

The Taxman On Campus: How Aggressive Irs Initiatives Are Increasing Audit And Compliance Risk For Colleges And Universities, William A. Bailey

Brigham Young University Education and Law Journal

No abstract provided.


Surrogate Taxation And The Second-Best Answer To The In-Kind Benefit Valuation Riddle, Jay A. Soled Mar 2012

Surrogate Taxation And The Second-Best Answer To The In-Kind Benefit Valuation Riddle, Jay A. Soled

BYU Law Review

For well over a century, theorists have debated how the receipt of inkind benefits, such as meals and lodging furnished for the convenience of an employer and business entertainment opportunities, should be taxed. While debate participants have generally agreed that the receipt of such in-kind benefits constitutes income, the question has remained about whether to value such benefits at fair market value or at the recipient’s subjective value or to use some other metric. Because of administrative considerations in determining the tax base, the Internal Revenue Code (Code) historically used a binary approach: either include the in-kind benefit at its …


Tax Exceptionalism: Wanted Dead Or Alive, Gene Magidenko Jan 2012

Tax Exceptionalism: Wanted Dead Or Alive, Gene Magidenko

University of Michigan Journal of Law Reform Caveat

Tax law has just not been the same since January 2011. Did Congress pass earthshaking legislation affecting the Internal Revenue Code? Did the IRS dramatically change regulations? If only it were that exciting. Instead, eight jurists sitting at One First Street in our nation’s capital transformed tax law in a less bloody, but no less profound, way. The thought must have gone through many a tax mind – is tax exceptionalism dead?


Giving Up Your Tax Refund To Keep It: Tax Prepayment In The Context Of The Bankruptcy Estate, C. D. Bradley Jan 2012

Giving Up Your Tax Refund To Keep It: Tax Prepayment In The Context Of The Bankruptcy Estate, C. D. Bradley

Kentucky Law Journal

No abstract provided.


Saving The Preachers: The Tax Code's Prohibition On Church Electioneering, Nicholas P. Cafardi Jan 2012

Saving The Preachers: The Tax Code's Prohibition On Church Electioneering, Nicholas P. Cafardi

Duquesne Law Review

No abstract provided.


Tax Court Appointments And Reappointments Improving The Process, Danshera Cords Jan 2012

Tax Court Appointments And Reappointments Improving The Process, Danshera Cords

University of Richmond Law Review

This article explores the problems with the appointment and reappointment process of judges to the United States Tax Court, particularly focusing on the recent politicization of the process. Until 1992, the process ensured the appoint-ment of only well-qualified judges to the Tax Court bench. However, beginning with the administrations of Presidents William J. Clinton and George W. Bush, the President infused politics into the nomination process, causing the process to slow and creating vacancies on the court. Such delays threaten the court's effectiveness and disrupt its operations. To solve this problem, the author endorses changing the statute to allow Tax …


Increased Tax Liability Awards After Eshelman: A Call For Expanded Acceptance Beyond The Realm Of Anti-Discrimination Statutes, Eirik Cheverud Jan 2012

Increased Tax Liability Awards After Eshelman: A Call For Expanded Acceptance Beyond The Realm Of Anti-Discrimination Statutes, Eirik Cheverud

NYLS Law Review

No abstract provided.


Special Use Valuation Under The Internal Revenue Code: Does It Matter Now And Will It Matter In The Future?, Rusty Wade Rumley Jan 2012

Special Use Valuation Under The Internal Revenue Code: Does It Matter Now And Will It Matter In The Future?, Rusty Wade Rumley

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.