Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
- File Type
Articles 1 - 30 of 43
Full-Text Articles in Law
Demystifying Irs Transcripts, Robert D. Probasco, Nikki Mccain, Ann Garza
Demystifying Irs Transcripts, Robert D. Probasco, Nikki Mccain, Ann Garza
Robert Probasco
No abstract provided.
Groves V. United States (Seventh Circuit Court Of Appeals Brief), T. Keith Fogg
Groves V. United States (Seventh Circuit Court Of Appeals Brief), T. Keith Fogg
W. Edward "Ted" Afield
No abstract provided.
Behind The Curtain - What Happens After You File A Federal Tax Return, Robert D. Probasco
Behind The Curtain - What Happens After You File A Federal Tax Return, Robert D. Probasco
Robert Probasco
No abstract provided.
Tax Shelter Disclosure And Penalties: New Requirements, New Exposures, Mary A. Mcnulty, Robert D. Probasco
Tax Shelter Disclosure And Penalties: New Requirements, New Exposures, Mary A. Mcnulty, Robert D. Probasco
Robert Probasco
One of the primary weapons in the battle against tax shelters has been mandatory disclosure to the IRS. The American Jobs Creation Act of 2004 built on this approach by clarifying and making consistent the various disclosure requirements and strengthening penalties for non-disclosure. To uncover abusive transactions, Congress drew the boundaries of disclosure so broadly that even legitimate tax planning transactions are covered. To understand the dangers in the new rules, one must look at the broad range of transactions covered, the participants covered, and the harsh penalties for nondisclosure.
- Transactions Covered. The disclosure requirements apply to six categories …
Tefra-Partnership Refunds: Five Steps To Protect A Partner’S Rights, Mary A. Mcnulty, Robert D. Probasco, Carla C. Crapster
Tefra-Partnership Refunds: Five Steps To Protect A Partner’S Rights, Mary A. Mcnulty, Robert D. Probasco, Carla C. Crapster
Robert Probasco
The Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) established a unified procedure for determining the tax treatment of partnership items at the partnership level rather than the partner level. The TEFRA-partnership refund procedures differ from the refund claim procedures that apply to other taxpayers. For a TEFRA partnership, a refund claim is an administrative adjustment request (AAF) and a notice of deficiency is a notice of final partnership administrative adjustment (FPAA). Procedures for the assessment of additional tax attributable to partnership items have received much attention in recent years, but the procedures concerning refunds are complex and full …
Borenstein V. Commissioner (Second Circuit Court Of Appeals Brief), T. Keith Fogg
Borenstein V. Commissioner (Second Circuit Court Of Appeals Brief), T. Keith Fogg
W. Edward "Ted" Afield
No abstract provided.
Creating A Tax Space For Social Enterprise, Lloyd Hitoshi Mayer
Creating A Tax Space For Social Enterprise, Lloyd Hitoshi Mayer
Lloyd Hitoshi Mayer
The Unreasonable Case For A Reasonable Compensation Standard In The Public Company Context: Why It Is Unreasonable To Insist On Reasonableness, Stuart G. Lazar
The Unreasonable Case For A Reasonable Compensation Standard In The Public Company Context: Why It Is Unreasonable To Insist On Reasonableness, Stuart G. Lazar
Stuart Lazar
There is no question that corporate executives are well paid. But does high executive compensation mean excessive or unreasonable compensation? And if so, what is the solution to curbing the problem of excessive executive pay? More specifically, should the Internal Revenue Code be used as a means for regulating the actions of public companies?
This Article briefly explores these issues. In Part I, this Article provides a narrative of the excessive compensation debate. Without drawing a conclusion as to whether executive compensation is reasonably set or excessive in nature, Part I summarizes the history of public outrage surrounding executive pay. …
Business Lobbying As An Informational Public Good: Can Tax Deductions For Lobbying Expenses Promote Transparency?, Michael Halberstam, Stuart G. Lazar
Business Lobbying As An Informational Public Good: Can Tax Deductions For Lobbying Expenses Promote Transparency?, Michael Halberstam, Stuart G. Lazar
Stuart Lazar
The view that “lobbying is essentially an informational activity” has persistently served the suggestion that lobbying provides a public good by educating legislators about policy and the consequences of legislation. In this article, we link a proposed tax reform with a substantive disclosure requirement to promote the kind of “information subsidy” that serves the public interest, while mitigating – at least to some extent – the distortion that may result from the imbalance of financial resources on the business side and other institutional contraints identified in the literature. We argue that corporate lobbying should be encouraged – by allowing business …
Basr Partnership V. United States (Federal Circuit Amicus Brief), T. Keith Fogg
Basr Partnership V. United States (Federal Circuit Amicus Brief), T. Keith Fogg
W. Edward "Ted" Afield
No abstract provided.
Advocating For Clients Whose Debts Were Assigned By The Irs To A Private Collection Agency, Michael Baillif, Robert D. Probasco, Miranda Rhyne
Advocating For Clients Whose Debts Were Assigned By The Irs To A Private Collection Agency, Michael Baillif, Robert D. Probasco, Miranda Rhyne
Robert Probasco
No abstract provided.
Advocating For Your Client In Trade And Business Expense Cases - Hobby Losses, Rosty Shiller, Robert D. Probasco, Miranda Rhyne
Advocating For Your Client In Trade And Business Expense Cases - Hobby Losses, Rosty Shiller, Robert D. Probasco, Miranda Rhyne
Robert Probasco
No abstract provided.
Larson V. United States (Second Circuit Court Of Appeals Brief), T. Keith Fogg
Larson V. United States (Second Circuit Court Of Appeals Brief), T. Keith Fogg
W. Edward "Ted" Afield
No abstract provided.
Borenstein V. Commissioner (U.S. Tax Court Brief), T. Keith Fogg
Borenstein V. Commissioner (U.S. Tax Court Brief), T. Keith Fogg
W. Edward "Ted" Afield
No abstract provided.
Rethinking Tax Priorities: Marriage Neutrality, Children, And Contemporary Families, James M. Puckett
Rethinking Tax Priorities: Marriage Neutrality, Children, And Contemporary Families, James M. Puckett
James Puckett
Tax scholarship has long struggled with whether married taxpayers should be taxed differently from unmarried taxpayers. Currently, married taxpayers are subject to different tax rates than unmarried taxpayers, and may file a joint tax return. A married couple may pay a higher or lower amount of tax than an unmarried couple with the same total income, and a single person generally pays more tax on a given income than a married couple with a single earner with the same income. These outcomes are difficult to reconcile with a commitment to income tax progressivity, which in theory requires that higher incomes …
Partnership Audits And Litigation (Tefra), Robert D. Probasco, Jason Freeman
Partnership Audits And Litigation (Tefra), Robert D. Probasco, Jason Freeman
Robert Probasco
No abstract provided.
Is The Real Estate Investment And Jobs Act A Good Idea?, Willard B. Taylor
Is The Real Estate Investment And Jobs Act A Good Idea?, Willard B. Taylor
Willard B. Taylor
The Real Estate Investment and Jobs Act of 2015 would significantly relax the rules of the 1980 Foreign Investment in Real Property Tax Act for investments in U.S. real property made through U.S. real estate investment trusts and, in the House version, would simply exempt from FIRPTA investments by foreign pension funds. Taylor discusses the bills and argues that it would make more sense to repeal FIRPTA (including the U.S. real property holding corporation rules) and then seek to achieve parity of treatment for investments in U.S. real property by foreign persons that are made directly, through partnerships or through …
Lessons In Fiscal Activism, Mirit Eyal-Cohen
Lessons In Fiscal Activism, Mirit Eyal-Cohen
Mirit Eyal-Cohen
This article highlights an anomaly. It shows that two tax rules aimed to achieve a similar goal were introduced at the same time. Both meant to be temporary and bring economic stimuli but received a dramatically different treatment. The economically inferior rule survived while its superior counterpart did not. The article reviews the reasons for this paradox. It shows that the causes are both political and an agency problem. The article not only enriches an important and ongoing debate that has received much attention in recent years, but also provides important lessons to policymakers.
Don't Leave Money On The Table! Irs [Mis]Computation Of Interest, Robert D. Probasco
Don't Leave Money On The Table! Irs [Mis]Computation Of Interest, Robert D. Probasco
Robert Probasco
No abstract provided.
The Origins Of Affirmative Fiscal Action, Mirit Eyal-Cohen
The Origins Of Affirmative Fiscal Action, Mirit Eyal-Cohen
Mirit Eyal-Cohen
This article highlights an anomaly. It shows that two tax rules aimed to achieve a similar goal were introduced at the same time. Both meant to be temporary and bring economic stimuli, but received a dramatically different treatment. The less efficient or economically inferior survived. Its superior counterpart did not. The article reviews the reasons for this paradox. It shows that the reason is both political and an agency problem. The article not only enriches an important and ongoing debate that has received much attention in recent years, but also provides important lessons to policymakers.
Subchapter S: Vive La Difference, Roberta F. Mann
Subchapter S: Vive La Difference, Roberta F. Mann
Roberta F Mann
From 1958 to 1996, S corporations were the only business form to combine limited liability with reliable pass-through tax treatment. In 1996, the Treasury and the Internal Revenue Service (IRS) promulgated the “check-the-box” regulations, and LLCs, taxed as partnerships, became the darlings of the tax world. Is Subchapter S obsolete, or does it still serve a rational purpose in the economy? This Article will examine that issue, focusing on the comparison between S corporations and LLCs. The Article begins with a history of Subchapter S and the “check-the-box” regulations. Next, the Article will compare the arguments for and against repealing …
Legal Mirrors Of Entrepreneurship, Mirit Eyal-Cohen
Legal Mirrors Of Entrepreneurship, Mirit Eyal-Cohen
Mirit Eyal-Cohen
Small businesses are regarded the engine of the economy. But just what is a “small” business? Depending on where one looks in the law, the definitions vary and they differ from one section to another. Unfortunately, what these various size classifications fail to assess, are the policy considerations and the legislative intent for granting regulatory preferences to small concerns to begin with.
In the last century, the U.S. government has been cultivating one such policy of fiscal and economic growth. Consequently, Congress and private institutions have been acting to incentivize, support and reward entrepreneurship through the law in order to …
Ethics And Expected Changes To Circular 230, Fred Murray, Richard Goldstein, Matthew Lucey, Jack Manhire, Robert D. Probasco
Ethics And Expected Changes To Circular 230, Fred Murray, Richard Goldstein, Matthew Lucey, Jack Manhire, Robert D. Probasco
Robert Probasco
No abstract provided.
Transferee Liability, Robert D. Probasco
Circular 230 And Rules Of Professional Conduct In Giving Tax Advice, Robert D. Probasco
Circular 230 And Rules Of Professional Conduct In Giving Tax Advice, Robert D. Probasco
Robert Probasco
No abstract provided.
Lightning In A Bottle: Using Tax Policy To Solve Renewable Energy's Storage Challenges, Roberta F. Mann
Lightning In A Bottle: Using Tax Policy To Solve Renewable Energy's Storage Challenges, Roberta F. Mann
Roberta F Mann
Government support for renewable energy has increased the generation of electricity from intermittent renewable sources such as wind and solar. The United States delivered almost $14 billion in renewable energy tax incentives in 2011. More renewables in the electricity mix means lower carbon emissions. Intermittent energy sources can reliably provide up to 20 percent of the electricity mix. However, increasing renewable generation above 20 percent requires better weather forecasting, improved coordination, increased grid capacity or more storage capacity. Batteries and electrical energy storage technologies straddle two major energy sectors: transportation and the grid. Unfortunately, compared to other types of technology, …
Transferee Liability, George Hani, Tamara Ashford, Robert D. Probasco
Transferee Liability, George Hani, Tamara Ashford, Robert D. Probasco
Robert Probasco
No abstract provided.
The Marriage Tax Revisited: An Analysis Of The Tax Consequences Of Marriage, Dan Subotnik
The Marriage Tax Revisited: An Analysis Of The Tax Consequences Of Marriage, Dan Subotnik
Dan Subotnik
No abstract provided.
The William O. Douglas Tax Factor: Where Did The Spin Stop And Who Was He Looking Out For?, I Jay Katz
The William O. Douglas Tax Factor: Where Did The Spin Stop And Who Was He Looking Out For?, I Jay Katz
Irwin J Katz
ABSTRACT THE WILLIAM 0. DOUGLAS TAX FACTOR: WHERE DID THE SPIN STOP AND WHO WAS HE LOOKING OUT FOR?
Although much better known for his opinions regarding constitutional law and individual rights, Justice William 0. Douglas also left an indelible mark in tax law. Throughout his thirty-six year tenure on the Supreme Court, Douglas wrote a significant number of majority and dissenting opinions in some of the most famous tax law cases of his day. As the title of the article suggests, most of Douglas's opinions were full of spin from the bias of the party he favored and read …
Compromising The Safety Net: How Limiting Tax Deductions For High-Income Donors Could Undermine Charitable Organizations, Patrick Tolan
Compromising The Safety Net: How Limiting Tax Deductions For High-Income Donors Could Undermine Charitable Organizations, Patrick Tolan
Patrick E. Tolan Jr.
President Obama’s recent budget proposals have contemplated reducing the top rate for charitable deductions (and all itemized deductions) to twenty-eight percent. Because America’s largest donors are those in the highest marginal tax brackets, efforts to limit deductibility of charitable donations could have a chilling effect on charitable giving.
In this article the author looks at motivations for charitable donations and specifically at the impact of tax deductibility as a motivating factor. It takes a historical look at the philanthropic surveys and econometric models and examines empirical data concerning impacts of significant changes to the tax code in the 1980s that …