Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Misassigning Income: The Supreme Court And Attorneys' Fees, Stephen B. Cohen
Misassigning Income: The Supreme Court And Attorneys' Fees, Stephen B. Cohen
Georgetown Law Faculty Publications and Other Works
This past term's Supreme Court decision in Commissioner v. Banks and Commissioner v. Banaitis distorts foundational principles, known as assignment of income law, which help identify the person who must report income for federal tax purposes. The Court holds that assignment of income principles require a plaintiff to report as income the portion of a recovery paid to the plaintiffs attorney as a contingent fee. As a result, the plaintiff is taxed at excessively high rates, which may in some cases equal or exceed a confiscatory 100%. Taxing the plaintiff on the attorney-fee portion of a recovery also undermines the …
Words, Words, Words!!! Teaching The Language Of Tax, Stephen B. Cohen
Words, Words, Words!!! Teaching The Language Of Tax, Stephen B. Cohen
Georgetown Law Faculty Publications and Other Works
The basic course in federal income tax is usually a challenge for both teacher and student because so many different and difficult things are being taught at once: a prolix and opaque statute; complex financial transactions; and economic, political, and social analysis of the effects of the tax law. In addition, I believe that a teacher of tax must be a teacher of language, focusing explicitly and self-consciously on the ambiguous, imprecise, and confusing words that are embedded in tax law and discourse and that constitute a significant obstacle for students taking the basic course in federal income taxation.