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Full-Text Articles in Law
The New Starker: A Nonsimultaneous Exchange Expands Section 1031/ Collateral Estoppel Clarification, Robert B. Paysinger
The New Starker: A Nonsimultaneous Exchange Expands Section 1031/ Collateral Estoppel Clarification, Robert B. Paysinger
Pepperdine Law Review
The new Starker decision addresses the issue whether a nonsimultaneous exchange qualifies for section 1031 nonrecognition treatment. The Court of Appeals for the Ninth Circuit, in addressing this issue, also had to determine the appropriateness of the collateral estoppel "separable facts" doctrine under the facts in the case. The author provides an in-depth examination of the court's clarification of collateral estoppel and expansion of section 1031. The author, in agreeing with-the decision, welcomes the added flexibility the case lends to the real estate finance field.
Crane And Tufts: Resolved And Unresolved Issues, John Zimmerman
Crane And Tufts: Resolved And Unresolved Issues, John Zimmerman
Pepperdine Law Review
Crane v. Commissioner and its famous footnote 37 have inspired much controversy and commentary. This article discusses the issues and unresolved questions surrounding the calculation of gain from relief of nonrecourse indebtedness. It does so through a thorough analysis of the actions of the courts, the Congress, and administrative agencies. The author concludes by suggesting several possible courses of action in resolving remaining ambiguities.
Tax Incentives For Innovation In A Modern Ip Ecosystem, Joshua Chao
Tax Incentives For Innovation In A Modern Ip Ecosystem, Joshua Chao
Vanderbilt Journal of Entertainment & Technology Law
Technological innovation is a long-recognized catalyst for economic growth in the United States, and its promotion is an important feature of national economic policy, as evidenced by the presence of various tax incentives for innovation in the US Internal Revenue Code. Tax incentives are an important means by which governments can deliver subsidies to promote such innovation. To be effective, however, any system of tax incentives must be tailored for current economic conditions and competitive landscapes. In the current ecosystem of innovation in the United States, this means that, at the very least, the incentives for innovation in the US …