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Involuntary Conversions I.R.C. Section 1033, R Braxton Hill Iii

William & Mary Annual Tax Conference

No abstract provided.

Disposing Of Overleveraged Real Estate: Thinking Outside The Box, Blake D. Rubin

William & Mary Annual Tax Conference

No abstract provided.

Disposing Of Overleveraged Real Estate: Thinking Outside The Box, Blake D. Rubin, Andrea Macintosh Whiteway

William & Mary Annual Tax Conference

No abstract provided.

Estate Planning For The Successful Real Estate Entrepreneur, Louis A. Mezzullo, Mary Ann Mancini

William & Mary Annual Tax Conference

No abstract provided.

Capturing Capital Gain While Staying In The Deal (Slides), Thomas P. Rohman, Richard M. Lipton

William & Mary Annual Tax Conference

No abstract provided.

Preserving Capital Gains In Real Estate Transactions, Stanley L. Blend, Richard M. Lipton

William & Mary Annual Tax Conference

No abstract provided.

Like-Kind Exchange Outline, Richard M. Lipton, Thomas P. Rohman

William & Mary Annual Tax Conference

No abstract provided.

Tax Planning For Troubled Real Estate - Focus On The Solvent Taxpayer, Susan T. Edlavitch

William & Mary Annual Tax Conference

No abstract provided.

Recent Developments Affecting Real Estate And Pass Through Entities, Stefan F. Tucker, Richard M. Lipton

William & Mary Annual Tax Conference

No abstract provided.

Like-Kind Exchanges And Involuntary Conversions (Related Articles)

William & Mary Annual Tax Conference

No abstract provided.

Capturing Capital Gain While Staying In The Deal And Preserving Capital Gains In Real Estate Transactions (Related Article)

William & Mary Annual Tax Conference

No abstract provided.

Capturing Capital Gain While Staying In The Deal And Preserving Capital Gains In Real Estate Transactions (Related Article)

William & Mary Annual Tax Conference

No abstract provided.

Like-Kind Exchanges And Involuntary Conversions (Related Articles)

William & Mary Annual Tax Conference

No abstract provided.

Capturing Capital Gain While Staying In The Deal And Preserving Capital Gains In Real Estate Transactions (Related Article)

William & Mary Annual Tax Conference

No abstract provided.

Real Estate- Preserving Capital Gains, Dealer Issues, Stefan F. Tucker, Brian S. Masterson

William & Mary Annual Tax Conference

No abstract provided.

Give Me (And Let Me Sell) Credits: The Basics Of Historic Rehab And Land Preservation Credits

William & Mary Annual Tax Conference

No abstract provided.

Tax Planning For The Real Estate Owner (Including Choice Of Entity Considerations And Income Tax Issues In Acquiring Developing And Owning Real Estate), Stefan F. Tucker, Brian S. Masterson

William & Mary Annual Tax Conference

No abstract provided.

The Rehnquist Court: Nineteen Years Of Tax Decisions, F. Ladson Boyle

Faculty Publications

No abstract provided.

Digital Vat And Development: D-Vat And D-Velopment, Richard Thompson Ainsworth

Faculty Scholarship

This article suggests that the time is right for developing countries to consider adopting a comprehensive, fully digital VAT, (complete with certified software and trusted third party intermediaries who could assume all of the taxpayer's VAT responsibilities) within the limited group of enterprises encompassed by the large taxpayer group.

Since the e-commerce revolution began in the 1990's, tax policy discussions in developed economies have enlisted "e-solutions" to streamline consumption tax administration, as well as to resolve technical problems.

Inspiration came from the marketplace. Policy-makers observed widespread, business-initiated e-solutions to consumption tax compliance problems in a wide spectrum of jurisdiction. There …

Rev. Proc. 2005-24 And The Upc Elective Share, Lawrence W. Waggoner

Law & Economics Working Papers Archive: 2003-2009

This article discusses Revenue Procedure 2005-24, which came as a bombshell to the estate-planning bar. The Rev. Proc. requires a spousal waiver of elective-share rights in order for a charitable remainder annuity trust (CRAT) or a charitable remainder unitrust (CRUT) created on or after June 28, 2005, to qualify for a charitable deduction. The elective share is a statutory provision common to most probate codes in non-community-property states that protect a decedent’s surviving spouse against disinheritance.

The Rev. Proc. is primarily though apparently not exclusively addressed to the elective share of the Uniform Probate Code (UPC). Unfortunately, the Rev. Proc. …

Regulating Section 527 Organizations, Gregg D. Polsky, Guy-Uriel E. Charles

Scholarly Works

In this Essay, we consider whether the Federal Election Commission (FEC) has the authority to regulate independent 527 organizations (e.g., Swiftboat Veterans for Truth, Moveon.org, etc.) as political committees under the Federal Election Campaign Act. This issue, which was hotly debated during the last election cycle when it was considered and ultimately tabled by the FEC, is an extremely complex one that requires a deep understanding of election, tax, administrative, and constitutional law. After considering how these areas of law intersect, we conclude that the FEC lacks the authority to regulate independent 527 organizations as political committees.

To Praise The Amt Or To Bury It, Daniel S. Goldberg

Faculty Scholarship

The alternative minimum tax (AMT) has recently become a cause célèbre because many more taxpayers are now subject to it than originally envisioned at the time of its enactment in 1969 (and, indeed, than after any of its several modifications over the years). As such, it has been discussed and criticized in the press and by tax professionals and academics, most recently in Tax Notes by four former Internal Revenue Service commissioners who advocated scrapping it entirely. The criticism has questioned the wisdom of the inadvertent expansion of the AMT in coverage, that is, the number of taxpayers who will …

Criteria Of International Tax Policy, Herbert I. Lazerow

University of San Diego Law and Economics Research Paper Series

Professor Joseph Sneed a generation ago developed seven macro-criteria for evaluating income tax changes. This paper asks whether those criteria are useful in the general field of international income tax. I conclude that Adequacy, Practicality, Equity, and Free Market Compatibility are important internationally, as is a new criterion, Balance-of-payments Enhancement, while the criteria of Reduced Economic Inequality, Stability and Political Order do not figure prominently in international tax.

12th Biennial Judge Joe Lee Bankruptcy Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 12th Biennial Judge Joe Lee Bankruptcy Institute held May 2005.

Computing Interest On Overpayments And Underpayments: How Difficult Can It Be? Very!, Mary A. Mcnulty, David H. Boucher, Joseph M. Incorvaia, Robert D. Probasco

Faculty Scholarship

Taxpayers often assume that the difficult part of a tax dispute is resolving the tax liability and penalties, while interest computation is fairly straightforward. In the authors' experience, however, interest determinations are as subject to controversy and prone to error as tax liability determinations. The Article explores some of the areas that taxpayers should review carefully in the process of finalizing interest computations.

- Frequent Errors. The Article reviews twelve areas in which, even though the law is settled and the facts are usually clear, the Service's interest computations frequently include mistakes. Taxpayers need to be aware of these provisions, …

International Income Allocation In The Twenty-First Century: The Case For Formulary Apportionment, Walter Hellerstein

Scholarly Works

From an international perspective, formulary apportionment has traditionally been viewed as little more than transfer pricing’s “poor relation” as a division-of-income methodology. It receives only grudging recognition as a method of attributing the profits to a permanent establishment under Article 7 of the OECD Model Tax Convention; it receives no mention at all in Article 9 as a method for distributing the profits of associated enterprises among the contracting states in which they conduct their activities; and it was assailed by the international business community and by the EU Member States as out of step with internationally excepted norms in …

Stormwater Utility Fees: Considerations & Options For Interlocal Stormwater Working Group (Iswg), New England Environmental Finance Center

Economics and Finance

Stormwater utilities are a concept whose time seems to have arrived. Established by relatively few communities in the 1970s as a method of funding flood control measures, stormwater utilities now exist in over 400 municipalities and counties throughout the United States. During the next 10 years, their numbers are expected to swell dramatically – by one estimate to over 2,000 by the year 2014.

The reasons for this growth are multifold. Federal stormwater regulations passed in the 1980s (Phase I of the National Pollutant Discharge Elimination System Program, or NPDES), motivated many larger communities to seek alternative funding sources and …

Taxing The Promise To Pay, Brant J. Hellwig, Gregg D. Polsky

Scholarly Articles

The IRS recently disclosed that it has identified more than 100 executives at 42 leading public corporations that participated in a tax shelter designed to defer the recognition of income from the exercise of stock options. While the agency thus far has identified approximately $700 million in unreported gains from these shelters, it predicts that the revenue loss to the government will ultimately exceed $1 billion. Compared to most tax shelters, this particular transaction (commonly known as the "Executive Compensation Strategy" or "ECS") is remarkably simple. Rather than exercise the options individually, a participating executive instead transfers the options to …

Cars, Charity, Oprah, Depreciation And The Interest-Free Loan: Recent Developments Of Relevance In The Motor City, Stuart G. Lazar

Other Scholarship

No abstract provided.

Taxing The Promise To Pay, Gregg D. Polsky, Brant J. Hellwig

Scholarly Works

The IRS recently disclosed that it has identified more than 100 executives at 42 leading public corporations that participated in a tax shelter designed to defer the recognition of income from the exercise of stock options. While the agency thus far has identified approximately $700 million in unreported gains from these shelters, it predicts that the revenue loss to the government will ultimately exceed $1 billion. Compared to most tax shelters, this particular transaction (commonly known as the "Executive Compensation Strategy" or "ECS") is remarkably simple. Rather than exercise the options individually, a participating executive instead transfers the options to …