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Articles 1 - 23 of 23
Full-Text Articles in Law
Dissenting Opinions By Supreme Court Justices In Federal Income Tax Controversies, Walter J. Blum
Dissenting Opinions By Supreme Court Justices In Federal Income Tax Controversies, Walter J. Blum
Michigan Law Review
What is to be learned from this review of the various analyses offered in dissenting tax opinions over the past five terms of the Supreme Court? When the Court has decisively interpreted narrow or technical language in the statute, dissenters all too often indulge in lengthy analyses that can only serve to create further confusion. Only when the Court focuses on a judicially made rule or an issue with constitutional implications is a broader dissent appropriate. If dissenters generally adhered to the guidelines set forth at the outset of this Article the tax world would, I believe, be at least …
The Supreme Court's Misconstruction Of A Procedural Statute--A Critique Of The Court's Decision In Badaracco, Douglas A. Kahn
The Supreme Court's Misconstruction Of A Procedural Statute--A Critique Of The Court's Decision In Badaracco, Douglas A. Kahn
Michigan Law Review
Before addressing the lessons to be derived from Badaracco, it is necessary to make good on the author's claim that it can be demonstrated to the satisfaction of a reasonably skeptical reader that the Court's decision was patently wrong and resulted from a poor technique of statutory construction. This is a heavy burden, especially since the decision was reached by an overwhelming majority of the Court and since two courts of appeals and at least one student law review note reached the same result. The reader must judge whether the author succeeds in satisfying it. This Article will first …
An Essay On The Conceptual Foundations Of The Tax Benefit Rule, Patricia D. White
An Essay On The Conceptual Foundations Of The Tax Benefit Rule, Patricia D. White
Michigan Law Review
My aim in this essay is to explore the foundations of the tax benefit notion. My strategy is simple, but it is probably best to state it explicitly at the outset. I begin with a straightforward and uncontroversial example of the application of the "inclusionary aspect" of the tax benefit rule. Using it as a paradigm, I try to discern why the law deems it appropriate to increase a taxpayer's taxable income. Next I examine the account of the tax benefit rule given by the Supreme Court in Hillsboro to see if it is consistent with the paradigm. I conclude …
Tax Treatment Of Prepublication Expenses Of Authors And Publishers, Michigan Law Review
Tax Treatment Of Prepublication Expenses Of Authors And Publishers, Michigan Law Review
Michigan Law Review
This Note analyzes the tax treatment of prepublication costs. Part I presents the analytic framework of the business expense/ capital expenditure distinction and searches for practical, income- reflecting criteria that achieve theoretically correct results. Part II covers the historic treatment of prepublication expenditures, concluding that neither the courts nor the Internal Revenue Service (IRS) have been consistent in their approach and that both have largely ignored the income-reflecting goals outlined in Part I. Part III applies the income-reflecting approach in order to develop a principled method of examining the tax consequences of various prepublication expenses.
Purchaser's Depreciation Rights In Property Subject To A Lease, Michigan Law Review
Purchaser's Depreciation Rights In Property Subject To A Lease, Michigan Law Review
Michigan Law Review
This Note argues that the purchase of property subject to a lease may produce several types of depreciable interests. Part I of the Note examines the requirements for depreciability and the role that depreciation plays in tax law. It concludes that even where the method set out by Congress also accommodates other goals, depreciation primarily provides a way to recover costs during a depreciable asset's income-producing life. Part II applies these principles to the task of determining whether improvements - for example, buildings on the property subject to the lease - are depreciable in the purchaser's hands. It concludes that …
Sufficiency Of A Separation Agreement For Tax Purposes—Jacklin V. Commissioner, 79 T.C. 340 (1982), Kay Brown
Sufficiency Of A Separation Agreement For Tax Purposes—Jacklin V. Commissioner, 79 T.C. 340 (1982), Kay Brown
Washington Law Review
In Jacklin v. Commissioner, the Tax Court addressed a dispute concerning the deductibility of alimony payments under a separation agreement that did not specify a dollar amount. Under this agreement, the payor spouse was to pay to the recipient spouse whatever funds were necessary to sustain the standard of living which she had previously enjoyed. The court held that this agreement was sufficiently precise under section 71(a)(2) of the Internal Revenue Code to allow the payor spouse to deduct the payments. This Note explores the legal tensions created by the court's decision. It asserts that the decision blurs the line …
Rca Corp. V. United States: The Latest Round In The Controversy Over Actrual Accounting For Prepaid Income, R. Glen Woods
Rca Corp. V. United States: The Latest Round In The Controversy Over Actrual Accounting For Prepaid Income, R. Glen Woods
BYU Law Review
No abstract provided.
Allison V. United States, 83-1 U.S. Tax Cas. (Cch) ¶ 9241 (Ct. App. Fed. Cir. 1983), Peter Doragh
Allison V. United States, 83-1 U.S. Tax Cas. (Cch) ¶ 9241 (Ct. App. Fed. Cir. 1983), Peter Doragh
Florida State University Law Review
Partnership Taxation-INTANGIBLE DRILLING COSTS MEET SUBSTANTIAL ECONOMIC EFFECT
Interest-Free Loans And Dickman V. Commissioner: A Letter To The Supreme Court, Louis A. Del Cotto, Kenneth F. Joyce
Interest-Free Loans And Dickman V. Commissioner: A Letter To The Supreme Court, Louis A. Del Cotto, Kenneth F. Joyce
Buffalo Law Review
No abstract provided.
A Case Study In Tax Reform: The Principal Residence, Edwin C. Harris
A Case Study In Tax Reform: The Principal Residence, Edwin C. Harris
Dalhousie Law Journal
For most Canadians, "tax reform", in the abstract, is almost a motherhood issue: of course we're in favor of it, particularly if we are referring to that most obtrusive and resented of taxes, the income tax. In fact, as of the end of 1983, we shall have lived twelve years under an income tax r6gime that the federal government was pleased to call "tax reform". Why, then, should there be at least as much clamor for changes to the income tax now as there was in the early 1960s, when the federal government of the day felt impelled to appoint …
Recent Developments Affecting The Income And Gift Tax Consequences Of Interest-Free Loans
Recent Developments Affecting The Income And Gift Tax Consequences Of Interest-Free Loans
Washington and Lee Law Review
No abstract provided.
Tax-Exempt Status Of Amateur Sports Organizations
Tax-Exempt Status Of Amateur Sports Organizations
Washington and Lee Law Review
No abstract provided.
Partnership Allocations: Flipping Through The Substantial Economic Effect Hoops, Frank Rainer
Partnership Allocations: Flipping Through The Substantial Economic Effect Hoops, Frank Rainer
Florida State University Law Review
No abstract provided.
Lobbying Restriction On Section 501(C)(3) Organizations Held Unconstitutional: First Amendment Implications Of Taxation With Representation Of Washington V. Regan, Karen B. Crockett
Lobbying Restriction On Section 501(C)(3) Organizations Held Unconstitutional: First Amendment Implications Of Taxation With Representation Of Washington V. Regan, Karen B. Crockett
BYU Law Review
No abstract provided.
Eligibility, Election And Termination Under The Subchapter S Revision Act Of 1982, Robert E. Meale
Eligibility, Election And Termination Under The Subchapter S Revision Act Of 1982, Robert E. Meale
Florida State University Law Review
No abstract provided.
An Inequitable Jury Instruction On The Taxability Of Personal Injury Damage Awards: Blanchfield V. Dennis, Thomas D. Boyle
An Inequitable Jury Instruction On The Taxability Of Personal Injury Damage Awards: Blanchfield V. Dennis, Thomas D. Boyle
BYU Law Review
No abstract provided.
Federal Income Tax Developments: 1982, Merlin G. Briner
Federal Income Tax Developments: 1982, Merlin G. Briner
Akron Tax Journal
This article discusses federal income tax developments in 1982, including relevant Supreme Court cases, oil and gas, tax shelters, deductions, corporations and interest free loans. The Tax Equity and Fiscal Responsibility Act (TERFA) is discussed in a separate section.
Death Of A Partner: Pre And Post-Mortem Planning, Jerome Hesch
Death Of A Partner: Pre And Post-Mortem Planning, Jerome Hesch
Akron Tax Journal
There are several alternative techniques which can be employed to alleviate the income tax problems associated with the death of a partner. The sophisticated tax advisor will understand, however, that some of the suggested techniques may not be practical for all situations. The purpose of this article is to describe these planning techniques and to guide the tax advisor as to which technique is appropriate for his client.
Is The Will The Way? Transmitting Interests In A Family Corporation, Gail Levin Richmond
Is The Will The Way? Transmitting Interests In A Family Corporation, Gail Levin Richmond
Akron Tax Journal
This article examines the effects of recent enactments upon the methods of transmitting interests in a closely-held corporation. Because the tax consequences will frequently vary depending upon whether the corporation is a C corporation or an S corporation, a brief description of each form precedes the discussion of the relevant tax consequences. The tax consequences, which will be discussed thereafter, involve interrelated questions: which consequences are involved, and who will bear their brunt? Because nontax considerations also influence the timing of stock transfers, the discussion will address them as well.
Tax Equity And Fiscal Responsibility Act Of 1982, Merlin G. Briner
Tax Equity And Fiscal Responsibility Act Of 1982, Merlin G. Briner
Akron Tax Journal
O N AUGUST 20, 1982, President Reagan signed into law the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), the fourth piece of major tax legislation in less than seven years. Though TEFRA has been said to provide the single largest tax increase in American history, President Reagan lobbied for it not as a tax bill, but as a revenue measure which, to his mind, in no way represented a backing-off from his vaunted "supply side-trickle down" economic program. This article will discuss the implications of TERFA on both the individual taxpayer and businesses.
International Tax Evasion: Spawned In The United States And Nurtured By Secrecy Havens, Allaire U. Karzon
International Tax Evasion: Spawned In The United States And Nurtured By Secrecy Havens, Allaire U. Karzon
Vanderbilt Journal of Transnational Law
The United States system of income taxation is predicated upon the voluntary self-assessment and payment of tax. Voluntary compliance, in turn, depends upon the confidence of United States citizens that the taxation system is basically fair, that the tax burden essential to maintain the government is shared by all in proportion to their net income, and that those who cheat are discovered and prosecuted. Circumstances that allow certain taxpayers to escape their proper tax liability successfully tempt others to seek tax evasion devices for themselves, and, more importantly, demoralize the conscientious majority who pay their just share of taxes but …
Fogelsong V. Commissioner, 691 F.2d 848 (7th Cir. 1982), Timothy L. Whalen
Fogelsong V. Commissioner, 691 F.2d 848 (7th Cir. 1982), Timothy L. Whalen
Florida State University Law Review
Tax-Fogelsong IV: THE SEVENTH CIRCUIT HOLDS THAT A PERSONAL SERVICE CORPORATION AND ITS SOLE SHAREHOLDER/EMPLOYEE DO NOT CONSTITUTE TWO SEPARATE ORGANIZATIONS, TRADES, OR BUSINESSES UNDER SECTION 482 OF THE INTERNAL REVENUE CODE.
State Taxation Of Nondomiciliary Corporations
State Taxation Of Nondomiciliary Corporations
Washington and Lee Law Review
No abstract provided.