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Full-Text Articles in Law

Ground Zero: The Irs Attack On Syndicated Conservation Easements, Beckett G. Cantley, Geoffrey C. Dietrich May 2021

Ground Zero: The Irs Attack On Syndicated Conservation Easements, Beckett G. Cantley, Geoffrey C. Dietrich

William & Mary Environmental Law and Policy Review

On June 25, 2020, the Internal Revenue Service (“IRS”) announced a settlement initiative (“SI”) to certain taxpayers with pending docketed cases involving syndicated conservation easement (“SCE”) transactions. The SI is the current culmination of a long series of attacks by the IRS against SCE transactions. The IRS has recently found success in the Tax Court against SCEs, but the agency’s overall legal position may be overstated. It is possible that the recent SI is merely an attempt to capitalize on leverage while the IRS has it. Regardless, the current state of the law surrounding SCEs is murky at best. Whether …


Reforming The Charitable Contribution Tax Deduction: Accounting For Random Acts Of Charity, Janene R. Finley Feb 2019

Reforming The Charitable Contribution Tax Deduction: Accounting For Random Acts Of Charity, Janene R. Finley

William & Mary Business Law Review

Concern for the tax treatment of charitable contributions has increased as a result of the Tax Cuts and Jobs Act of 2017. Although the new law increased the limitation of deductible charitable contributions to 60 percent of adjusted gross income, the standard deduction was also increased. Increasing the standard deduction is expected to reduce the number of taxpayers who are able to itemize their deductions in the next tax year, which is expected to reduce charitable giving in the future. This Article discusses proposals to amend the Internal Revenue Code to promote charitable giving, including a non-itemizer deduction. In addition, …


Permitting Abused Spouses To Claim The Earned Income Tax Credit In Separate Returns, Fred B. Brown Jun 2016

Permitting Abused Spouses To Claim The Earned Income Tax Credit In Separate Returns, Fred B. Brown

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Enigma Of Wynne, Edward A. Zelinsky Apr 2016

The Enigma Of Wynne, Edward A. Zelinsky

William & Mary Business Law Review

The five-justice Wynne majority used that case to make a major statement about the dormant Commerce Clause. In many respects, Wynne is an enigma that perpetuates an inherent problem of the Court’s dormant Commerce Clause doctrine: the Court declares some ill-defined taxes as unconstitutionally discriminatory because they encourage in-state investment, while other economically equivalent taxes and government programs that similarly encourage intrastate economic activity are apparently acceptable under the dormant Commerce Clause.

Wynne is thus more important than the immediate situation it addresses, and will have consequences beyond the immediate circumstances it addresses. A decision as enigmatic as it is …


Basing Budget Baselines, David Kamin Oct 2015

Basing Budget Baselines, David Kamin

William & Mary Law Review

Measuring the cost of legislation or even projecting the course of the federal budget requires defining a budget baseline—a starting point capturing the current state of the budget. Budget baselines underlie most measures employed in federal budget debates and enforcement rules. Yet, despite their widespread use, budget baselines engender considerable confusion and abuse.

For instance, when legislators enact temporary tax breaks, the breaks are officially estimated to cost far less than they likely will because of a loophole in federal budget baseline rules. Then, later efforts to extend the tax cuts are counted as increasing deficits when, in fact, by …


Taxation, Pregnancy, And Privacy, Bridget J. Crawford Feb 2010

Taxation, Pregnancy, And Privacy, Bridget J. Crawford

William & Mary Journal of Race, Gender, and Social Justice

This Article frames a discussion of surrogacy within the context of existing income tax laws. A surrogate receives money for carrying and bearing a child. This payment is income by any definition, even if the surrogacy contract recites that it is a “reimbursement.” Cases and rulings on the income tax consequences of the sale of blood and human breast milk, as well as analogies to situations in which people are paid to wear advertising on their bodies, support the conclusion that a surrogate recognizes taxable income, although the Internal Revenue Service has never stated so. For tax purposes, the reproductive …


The Taxation Of Private Equity Carried Interests: Estimating The Revenue Effects Of Taxing Profit Interests As Ordinary Income, Michael S. Knoll Oct 2008

The Taxation Of Private Equity Carried Interests: Estimating The Revenue Effects Of Taxing Profit Interests As Ordinary Income, Michael S. Knoll

William & Mary Law Review

In this Article, I estimate the tax revenue effects of taxing private equity carried interests as ordinary income rather than as long-term capital gain as under current law. Under reasonable assumptions, I conclude that the expected present value of additional tax collections would be between 1 percent and 1.5 percent of capital invested in private equity funds, or between $2 billion and $3 billion a year. That estimate, however, makes no allowance for changes in the structure of such funds or the composition of the partnerships, which might substantially reduce tax revenues below those estimates.


Congress's Tax Incentives Send Mixed Signals For Automobile Buyers: Should Americans Buy Gas Guzzlers Or Hybrids?, Bradley A. Ridlehoover Oct 2007

Congress's Tax Incentives Send Mixed Signals For Automobile Buyers: Should Americans Buy Gas Guzzlers Or Hybrids?, Bradley A. Ridlehoover

William & Mary Environmental Law and Policy Review

No abstract provided.


The Effects Of The Virginia Land Preservation Credit On Federal Taxable Income: Should The Right Hand Take From What The Left Hand Gave?, W. Eugene Seago Oct 2007

The Effects Of The Virginia Land Preservation Credit On Federal Taxable Income: Should The Right Hand Take From What The Left Hand Gave?, W. Eugene Seago

William & Mary Environmental Law and Policy Review

No abstract provided.


Entity Theory As Myth In The Origins Of The Corporate Income Tax, Steven A. Bank Dec 2001

Entity Theory As Myth In The Origins Of The Corporate Income Tax, Steven A. Bank

William & Mary Law Review

No abstract provided.


A Historical Essay And Economic Assay Of The Capital Asset Definition: The Taxpayer And Courts Are Still Mindfully Guessing While Congress Doesn't Seem To (Have A) Mind, Joseph Byron Cartee Mar 1993

A Historical Essay And Economic Assay Of The Capital Asset Definition: The Taxpayer And Courts Are Still Mindfully Guessing While Congress Doesn't Seem To (Have A) Mind, Joseph Byron Cartee

William & Mary Law Review

No abstract provided.


Campbell V. Commissioner: The Availability Of Business Expense Or Loss Deductions For Insured Contingencies, Robert B. Lachenauer Feb 1989

Campbell V. Commissioner: The Availability Of Business Expense Or Loss Deductions For Insured Contingencies, Robert B. Lachenauer

William & Mary Law Review

No abstract provided.


Avoiding The Anti-Injunction Statute In Suits To Enjoin Termination Of Tax-Exempt Status May 1973

Avoiding The Anti-Injunction Statute In Suits To Enjoin Termination Of Tax-Exempt Status

William & Mary Law Review

No abstract provided.


The Accumulated Earnings Tax And The Reasonable Needs Of The Business: A Proposal, Homer L. Elliott Oct 1970

The Accumulated Earnings Tax And The Reasonable Needs Of The Business: A Proposal, Homer L. Elliott

William & Mary Law Review

No abstract provided.


Boot Dividends And The Automatic Rule: Bedford Revisited, Mervyn S. Gerson May 1970

Boot Dividends And The Automatic Rule: Bedford Revisited, Mervyn S. Gerson

William & Mary Law Review

No abstract provided.


Professional Associations And Corporations: Tax Considerations, Robert S. Parker Jr., Edmund Polubinski Jr. Mar 1970

Professional Associations And Corporations: Tax Considerations, Robert S. Parker Jr., Edmund Polubinski Jr.

William & Mary Law Review

No abstract provided.


Tax Planning For The Not-So-Rich: Variable And Private Annuities, Anthony M. Vernava Oct 1969

Tax Planning For The Not-So-Rich: Variable And Private Annuities, Anthony M. Vernava

William & Mary Law Review

No abstract provided.


Federal Taxation - Accumulated Earnings Tax - The Quantum Of Tax Avoidance Purpose Required - United States V. Donruss, 89 S. Ct. 501 (1969), Robert S. Parker Jr. May 1969

Federal Taxation - Accumulated Earnings Tax - The Quantum Of Tax Avoidance Purpose Required - United States V. Donruss, 89 S. Ct. 501 (1969), Robert S. Parker Jr.

William & Mary Law Review

No abstract provided.


Federal Taxation - Professional Service Corporation - Corporate Versus Partnership Statute - Empey V. United States, __ F. 2d __ (10th Cir. 1969)., Haldane Robert Mayer May 1969

Federal Taxation - Professional Service Corporation - Corporate Versus Partnership Statute - Empey V. United States, __ F. 2d __ (10th Cir. 1969)., Haldane Robert Mayer

William & Mary Law Review

No abstract provided.


Non-Business Guaranty Loss: Ordinary Or Capital Deduction, Robert S. Parker Jr. Mar 1969

Non-Business Guaranty Loss: Ordinary Or Capital Deduction, Robert S. Parker Jr.

William & Mary Law Review

No abstract provided.


Book Review Of Items Of Gross Income, Emeric Fischer Dec 1968

Book Review Of Items Of Gross Income, Emeric Fischer

William & Mary Law Review

No abstract provided.


The Treatment Of Income & Deductions In The Case Of Controlled Or Related Entities, William H. Westphal May 1968

The Treatment Of Income & Deductions In The Case Of Controlled Or Related Entities, William H. Westphal

William & Mary Law Review

No abstract provided.


The Reincorporation Problem In Subchapter C. A Question Of Semantics?, R. P. Hertzog May 1968

The Reincorporation Problem In Subchapter C. A Question Of Semantics?, R. P. Hertzog

William & Mary Law Review

No abstract provided.


Planning And Research: Its Evolution And Role In The Internal Revenue Service, Sheldon S. Cohen May 1968

Planning And Research: Its Evolution And Role In The Internal Revenue Service, Sheldon S. Cohen

William & Mary Law Review

No abstract provided.


Simplification And Equity As Goals Of Tax Policy, Stanley S. Surrey, Gerard M. Brannon May 1968

Simplification And Equity As Goals Of Tax Policy, Stanley S. Surrey, Gerard M. Brannon

William & Mary Law Review

No abstract provided.


Tax Legislation Of 1966, John E. Donaldson Mar 1967

Tax Legislation Of 1966, John E. Donaldson

William & Mary Law Review

No abstract provided.


Tax Free Income: Compensation In Kind And Quasi-In-Kind, Emeric Fischer Jan 1964

Tax Free Income: Compensation In Kind And Quasi-In-Kind, Emeric Fischer

William & Mary Law Review

No abstract provided.


Federal Taxation - Depreciation Of Assets In The Year Of Disposal Jan 1964

Federal Taxation - Depreciation Of Assets In The Year Of Disposal

William & Mary Law Review

No abstract provided.


The New "Subpart F" Foreign Income Provisions Of The Internal Revenue Code, Rexford R. Cherryman Apr 1963

The New "Subpart F" Foreign Income Provisions Of The Internal Revenue Code, Rexford R. Cherryman

William & Mary Law Review

No abstract provided.


The Reconstruction Of Net Income Under § 446(B) Of The Internal Revenue Code, John J. Harrington Apr 1963

The Reconstruction Of Net Income Under § 446(B) Of The Internal Revenue Code, John J. Harrington

William & Mary Law Review

No abstract provided.