Law Commons^™

The World Of Contract And The World Of Gift, Melvin Aron Eisenberg

Melvin A. Eisenberg

Examines the social and legal implications of the treatment of donative promise as an absolute enforceable contract in the United States. Evolution of the donative-promise doctrine; Case laws on donative promise; Moral and social significance of donative promises; Substantive bases for donative-promise principle.

Law Of Federal Estate And Gift Taxation, David Link, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.

"Less Than Straightforward" People, Facts And Trusts: Reflections On Context: Favor Easy Management Ltd V Wu [2012] Ewca Civ 1464, Man Yip, James Lee

Man YIP

In Favor Easy Management the Court of Appeal considered a dispute between a man and a woman over the beneficial ownnership of two prooperties. The case principally involved vehement factual disagreement between the parties over the cirumstances of the purchase, but there are some points worthy of note in the application of the law.

The Development Of Charity: Anti-Poverty Measures Of Ancient Jewish Law & Jurisprudence, William H. Byrnes

William H. Byrnes

The Development Of Charity: Anti-Poverty Measures Of Ancient Jewish Law & Jurisprudence, William H. Byrnes Iv

William H. Byrnes

This article describes the ancient Jewish practices, codified in Biblical law and later legal commentary, to protect the needy. The Jews’ anti-poverty measures - including regulation of agriculture, loans, working conditions, and customs for sharing at feasts - were a significant development in the jurisprudence of charity. The first half begins with a brief history of ancient Jewish civilization, providing context for the development of charity by exploring the living conditions of the poor. The second half concludes with a description of the Jewish laws, Mishnah and Talmudic commentary, as well as the practice and codification of Rabbinical teaching that …

Testamentary Substitutes: Retained Interests, Custodial Accounts And Contractual Transactions—A New Approach, Sidney Kwestel, Rena C. Seplowitz

Rena C. Seplowitz

No abstract provided.

Testamentary Substitutes: Retained Interests, Custodial Accounts And Contractual Transactions—A New Approach, Sidney Kwestel, Rena C. Seplowitz

Sidney Kwestel

No abstract provided.

Grown-Up Income Shifting: Yesterday's Kiddie Tax Is Not Enough, Samuel D. Brunson

Samuel D. Brunson

In 1986, concerned that wealthy parents were sheltering some of their income from taxes by giving some portion of their securities portfolios to their children, Congress enacted the “kiddie tax,” which taxes a child’s passive income at the child’s parents’ tax rate. By doing so, Congress intended to reduce tax-motivated income-shifting. Since its passage, however, there has been little serious consideration of whether the kiddie tax successfully prevents the targeted income-shifting.

This Article reexamines the kiddie tax and concludes that it is both over- and underbroad. The kiddie tax subjects all of a child’s passive income, not just income resulting …

Reforming The Kiddie Tax, Samuel D. Brunson

Samuel D. Brunson

In 1986, concerned that wealthy parents were sheltering some of their income from taxes by giving some portion of their securities portfolios to their children, Congress enacted the “kiddie tax,” which taxes a child’s passive income at the child’s parents’ tax rate. By doing so, Congress intended to reduce tax-motivated income-shifting. Since its passage, however, there has been little serious consideration of whether the kiddie tax successfully prevents the targeted income-shifting.

This Article reexamines the kiddie tax and concludes that it is both over- and underbroad. The kiddie tax subjects all of a child’s passive income, not just income resulting …