Law Commons^™

Divorce: A Taxing Experience, Charles Edward Falk

William & Mary Annual Tax Conference

No abstract provided.

Statutory (Formerly Non-Statutory) Fringe Benefits: New Sec. 132, Jerry J. Mccoy

William & Mary Annual Tax Conference

No abstract provided.

Disposition Of The Corporation Or The Corporate Business, N. Jerold Cohen

William & Mary Annual Tax Conference

No abstract provided.

The Federal Income Tax Consequences Of The Admission Of A New Partner After The 1984 Act, Glenn E. Coven

William & Mary Annual Tax Conference

No abstract provided.

Handling Tax Shelter Disputes And Litigation With The Irs, Mortimer Caplin

William & Mary Annual Tax Conference

No abstract provided.

Lawyer Beware: The Use Of Counsel's Statements As Evidence Against His Client In Tax Fraud Cases, Lawrence S. Feld, Leonard R. Rosenblatt

Articles & Chapters

No abstract provided.

The Experience Of The Phillipines In Taxing Its Nonresident Citizens, Richard Pomp

Faculty Articles and Papers

No abstract provided.

The Tax Effects Of A Shareholder's Post-Incorporation Sale Of Stock: A Reappraisal, Robert I. Keller

Faculty Scholarship

No abstract provided.

Tax Planning For Interest After Tra 1984: Unstated Interest And Original Issue Discount, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

A Comparison Of The Merger And Acquisition Provisions Of Present Law With The Provisions In The Senate Finance Committee's Draft Bill, Samuel C. Thompson Jr.

Journal Articles

No abstract provided.

To Hold Or Not To Hold: Magneson, Bolker, And Continuity Of Investment Under I.R.C. Section 1031, J. Martin Burke, Michael K. Friel

UF Law Faculty Publications

This article examines the judicial and administrative development of the two holding requirements under the continuity of investment standards of section 1031 prior to decisions of the Tax Court and the Ninth Circuit in Magneson v. Commissioner and Bolker v. Commissioner, both of which expanded the boundaries of qualified holding and reemphasized the need for guidance from the Treasury or Congress on these issues. Next the article examines the subsequent impact of these decisions. Finally, the article suggests a standard to be followed in the future.

Tax Reform During President Reagan’S First Four Years: A Selective Bibliography, Michael G. Chiorazzi

Articles

No abstract provided.

Tax Policy For Post-Liberal Society: A Flat Tax Inspired Redefinition Of The Purpose And Ideal Structure Of A Progressive Income Tax, Charles O'Kelley

Faculty Articles

A flat rate comprehensive federal income tax could be achieved by replacing graduated rates with a single rate that applies to all taxpayers, eliminating many currently available deductions and credits, and treating as taxable income types of economic gain presently excluded from the tax base. The fact that Congress is seriously considering such radical changes makes it appropriate for tax scholars to reconsider longheld beliefs about the ideal structure of an income tax. This article analyzes the characteristics and underlying rationale of a progressive flat rate comprehensive income tax and reconsiders the nature and purpose of a progressive income tax. …

Some Observations On The Interpretation Of The Internal Revenue Code, Alan Gunn

Journal Articles

According to the author, a minor problem in partnership taxation provides a useful illustration of the problem of following the language of the Internal Revenue Code slavishly, without regard to context and history, even if a literal reading leads to absurd results.

Allocating Partnership Liabilities, J. Martin Burke, Michael K. Friel

Faculty Law Review Articles

This article discusses the congressional directive of the Tax Reform Act of 1984 in which Congress directed the Treasury to revise and update its regulations under section 752 and to base those revisions "largely on the manner in which the partners ... share the economic risk of loss with respect to partnership debt." The authors argue that instead partners should be permitted to allocate partnership debt among themselves in whatever manner they choose.

The article begins with an overview of the present rules. Then the article describes the rationale underlying the present rules. The next part addresses problems in application …

To Hold Or Not To Hold: Magneson, Bolker, And Continuity Of Investment Under I.R.C. Section 1031, J. Martin Burke, Michael K. Friel

Faculty Law Review Articles

This article examines the judicial and administrative development of the two holding requirements under the continuity of investment standards of section 1031prior to decisions of the Tax Court and the Ninth Circuit in Magneson v. Commissioner and Bolker v. Commissioner, both of which expanded the boundaries of qualified holding and reemphasized the need for guidance from the Treasury or Congress on these issues. Next the article examines the subsequent impact of these decisions. Finally, the article suggests a standard to be followed in the future.

Taxing Personal Insurance: The Case Of Tax Audit Insurance, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

The Supreme Court's Misconstruction Of A Procedural Statute-A Critique Of The Court's Decision In Badaracco, Douglas A. Kahn

Articles

When a taxpayer files an honest' federal income tax return for a taxable year, section 6501(a) of the Internal Revenue Code2 limits the period of time during which the Government can assess a tax for that year to a three-year period commencing with the date that the return was filed. The three-year limitations period is extended for an additional three years by section 6501(e)(1)(A) if the taxpayer's return omits properly includible gross income in an amount in excess of twenty-five percent of the gross income that was reported. If a taxpayer fails to file a return for a taxable year …

Retroactivity Revisited, Michael J. Graetz

Faculty Scholarship

In three prior articles, I considered transitional problems of changes the tax law. My general analysis and its specific application to the adoption of a consumption tax were criticized last year in this journal by Avishai Shachar. By taking liabilities explicitly into account in considering tax transition rules, Shachar extended the fundamental principles generated by my theory of legal transitions. Shachar, however, misunderstood or mischaracterized much of my earlier work.

In this comment, I respond briefly to Shachar's criticisms. In Part I, I set out the context and conclusions of my general theory and suggest that Shachar agrees with its …

Disparate Tax Treatment Of Different Types Of Business Organizations: Where Should We Go From Here?, Douglas A. Kahn

Articles

If several persons wish to join together in a common enterprise in order to pool their capital or labor or some of each, they may choose among a variety of available organizational structures that will serve that purpose. The most common entity forms are partnerships (including joint ventures), corporations, and trusts. While, in its typical structure, each of those entity forms has its own distinct characteristics, the structure of such organizations often is modified by agreement so as to adopt attributes of another type of entity. Because of this, the substantive distinction between entity types is blurred.

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

Distributions In Kind In Corporate Liquidations: A Defense Of General Utilities, Richard C.E. Beck

Articles & Chapters

No abstract provided.