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1976

Tax Law

Institution
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Articles 1 - 30 of 56

Full-Text Articles in Law

Initial Pitfalls Associated With Use Of The Limited Partnership, Michael T. Madison Dec 1976

Initial Pitfalls Associated With Use Of The Limited Partnership, Michael T. Madison

William & Mary Annual Tax Conference

No abstract provided.


The Corporate General Partner In A Limited Partnership, Henry Weiler Dec 1976

The Corporate General Partner In A Limited Partnership, Henry Weiler

William & Mary Annual Tax Conference

No abstract provided.


Constructive Cash Distributions, John W. Lee Dec 1976

Constructive Cash Distributions, John W. Lee

William & Mary Annual Tax Conference

No abstract provided.


Collapsible Partnerships, Michael S. Applebaum Dec 1976

Collapsible Partnerships, Michael S. Applebaum

William & Mary Annual Tax Conference

No abstract provided.


Compensating The Promoter-General Partner, Martin B. Cowan Dec 1976

Compensating The Promoter-General Partner, Martin B. Cowan

William & Mary Annual Tax Conference

No abstract provided.


Tax Shelter Reform, Richard M. Leder Dec 1976

Tax Shelter Reform, Richard M. Leder

William & Mary Annual Tax Conference

No abstract provided.


Tax Treaties-Exchange Of Information-Use Of Irs Subpoena Power In Response To Specific Requests For Information-United States V. A.L. Burbank & Co., Kenneth S. Stewart Nov 1976

Tax Treaties-Exchange Of Information-Use Of Irs Subpoena Power In Response To Specific Requests For Information-United States V. A.L. Burbank & Co., Kenneth S. Stewart

BYU Law Review

No abstract provided.


Moe V. Confederated Salish & Kootenai Tribes Of The Flatland Reservation, Lewis F. Powell Jr. Oct 1976

Moe V. Confederated Salish & Kootenai Tribes Of The Flatland Reservation, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Taxation Of Personal Injury Awards: A Wiry Methuselah, Vern Krishna Oct 1976

Taxation Of Personal Injury Awards: A Wiry Methuselah, Vern Krishna

Dalhousie Law Journal

The income tax status of damage awards in personal injury actions assumes greater importance as litigation in this area increases and the monetary value of judgments and settlements escalates. If the United States experience has any predictive value for Canadian trends, the statistics are ominous indeed. During the last decade alone, medical malpractice cases, which represent but one segment of personal injury actions, have witnessed an increase in the average quantum of damages from $62,151 to $350,000, while the total payout in New York State went from $1.4 million to $17 million.1 If, as Street had commented, ". . . …


Divorce, Tax-Style, Alan L. Feld Oct 1976

Divorce, Tax-Style, Alan L. Feld

Faculty Scholarship

In response to the "sham divorce" tactic, the IRS recently issued Revenue Ruling 76-255. The author, professor of law at Boston University School of Law, although sympathetic with the IRS's position in the Ruling, poin4s out situations where the divorce-remarriage may possibly be considered valid because of the existence of nontax effects.


Bartlett V. United States: Deduction Of Nonbusiness Losses Not Compensated By Insurance - The Need For A Separate Standard For Individuals Oct 1976

Bartlett V. United States: Deduction Of Nonbusiness Losses Not Compensated By Insurance - The Need For A Separate Standard For Individuals

William & Mary Law Review

No abstract provided.


Taxation Of Personal Injury Awards: A Wiry Methuselah, Vern Krishna Oct 1976

Taxation Of Personal Injury Awards: A Wiry Methuselah, Vern Krishna

Dalhousie Law Journal

The income tax status of damage awards in personal injury actions assumes greater importance as litigation in this area increases and the monetary value of judgments and settlements escalates. If the United States experience has any predictive value for Canadian trends, the statistics are ominous indeed. During the last decade alone, medical malpractice cases, which represent but one segment of personal injury actions, have witnessed an increase in the average quantum of damages from $62,151 to $350,000, while the total payout in New York State went from $1.4 million to $17 million.1 If, as Street had commented, ". . . …


Taxation Of Personal Injury Awards: A Wiry Methuselah, Vern Krishna Oct 1976

Taxation Of Personal Injury Awards: A Wiry Methuselah, Vern Krishna

Dalhousie Law Journal

The income tax status of damage awards in personal injury actions assumes greater importance as litigation in this area increases and the monetary value of judgments and settlements escalates. If the United States experience has any predictive value for Canadian trends, the statistics are ominous indeed. During the last decade alone, medical malpractice cases, which represent but one segment of personal injury actions, have witnessed an increase in the average quantum of damages from $62,151 to $350,000, while the total payout in New York State went from $1.4 million to $17 million.1 If, as Street had commented, ". . . …


Germany - The New Corporation Tax System, Hugh Ault Sep 1976

Germany - The New Corporation Tax System, Hugh Ault

Hugh J. Ault

No abstract provided.


Credited Service After Erisa, John W. Lee Jul 1976

Credited Service After Erisa, John W. Lee

Faculty Publications

No abstract provided.


Utah's Short Statutes Of Limitation For Tax Titles: The Continuing Specter Of Lyman V. National Mortgage Bond Corp. - A Need For Remedial Legislation, Phillip Wm. Lear May 1976

Utah's Short Statutes Of Limitation For Tax Titles: The Continuing Specter Of Lyman V. National Mortgage Bond Corp. - A Need For Remedial Legislation, Phillip Wm. Lear

BYU Law Review

No abstract provided.


Taxation--Fourth Circuit Disallows Leaseback Deductions, W.W.P. May 1976

Taxation--Fourth Circuit Disallows Leaseback Deductions, W.W.P.

West Virginia Law Review

No abstract provided.


The "Elaborate Interweaving Of Jurisdiction": Labor And Tax Administration And Enforcement Of Erisa And Beyond, John W. Lee Apr 1976

The "Elaborate Interweaving Of Jurisdiction": Labor And Tax Administration And Enforcement Of Erisa And Beyond, John W. Lee

Faculty Publications

No abstract provided.


Domestic International Sales Corporations, George Carey Apr 1976

Domestic International Sales Corporations, George Carey

North Carolina Central Law Review

No abstract provided.


The Educational Benefit Trust:Loophole Or Sinkhole?, John L. Van Cleave Apr 1976

The Educational Benefit Trust:Loophole Or Sinkhole?, John L. Van Cleave

Vanderbilt Law Review

This Note indicates clearly that the likelihood of the court's upholding the tax advantages claimed to be available under EBTs is far from certain. More than an "element of risk" is involved in recommending that a client adopt an educational benefit trust, but does this require an attorney to avoid such arrangements? On the other hand, does an attorney owe an obligation to the legal process and to society to challenge the Service whenever it, in his opinion,has taken a position more favorable to the Treasury than intended by Congress in enacting the legislation underlying the matter in controversy? While …


Paul J. Hartman And The Literature Of State And Local Taxation-An Appreciation, William R. Andersen Mar 1976

Paul J. Hartman And The Literature Of State And Local Taxation-An Appreciation, William R. Andersen

Vanderbilt Law Review

The editors of this symposium have asked me for a brief account of the contributions of Professor Hartman's published writings in the field of state and local taxation. In fairness, those contributions cannot be accounted in brief; what follows is more of a bibliography, and an appreciation...

As a final example of Hartman's concern for institutional relationships in tax policy, mention should be made of the 1959 piece on municipal income taxation.' Here, Hartman has changed lenses on his microscope and examines not the relationship between the nation and the states but that between the states and the cities. His …


Taxation Of Income From Intangibles Of Multistate-Multinational Corporations, William D. Dexter Mar 1976

Taxation Of Income From Intangibles Of Multistate-Multinational Corporations, William D. Dexter

Vanderbilt Law Review

In determining whether income from intangible investments should be subject to general apportionment rules or assigned to the commercial domicile or elsewhere the challenge to the states currently is to ascertain the true facts surrounding large corporate investments in intangible properties. The distinctions in UDITPA between business and nonbusiness income mandate this kind of factual inquiry. It is questionable, however, whether this distinction should continue to be given any significant effect, since it lacks substance and leads to endless conflict between large multistate and multinational corporations and each state in which they do business. Furthermore, in determining the state income …


Interstate Corporate Income Taxation-Recent Revolutions And A Modern Response, Eugene F. Corrigan Mar 1976

Interstate Corporate Income Taxation-Recent Revolutions And A Modern Response, Eugene F. Corrigan

Vanderbilt Law Review

In recent years significant technical advances have enabled large corporations to sell into states from great distances and with a minimum of contact in those states. Nevertheless, the states and their political subdivisions are confronted with the claims of corporations that jurisdictional barriers to corporate income taxes should be raised, that improved enforcement techniques should be prohibited, and that certain classes of income should be immunized completely from state taxation. These revolutionary technical advances have created both major tax administration problems and tax administration opportunities for the states. Some of the latter, however, remain unexploited. This article examines the ramifications …


The Constitutionality Of The Multistate Tax Compact, Robert M. White Mar 1976

The Constitutionality Of The Multistate Tax Compact, Robert M. White

Vanderbilt Law Review

It is now firmly established that states have the constitutional power to tax multistate businesses on net income reasonably attributable to activity within the taxing state. Within this legal frame-work, limited only by Public Law 86-272, the states have fashioned separate and diverse rules for the taxation of multistate corporations.'The recently formed Multistate Tax Compact provides an efficient alternative to both the present disarray of state statutes and possible federal regulation of interstate taxation. The principal purposes of the Compact are to establish uniform rules for determining state tax liabilities of multistate taxpayers, to eliminate ineffective tax administration and the …


Out-Of-State Collection Of State And Local Taxes, Robert A. Leflar Mar 1976

Out-Of-State Collection Of State And Local Taxes, Robert A. Leflar

Vanderbilt Law Review

Validly due and payable state and local taxes often go unpaid because the absent tax debtor chooses not to pay voluntarily and has no assets from which the tax debt can be collected in the taxing state. He often has assets elsewhere, but they may be difficult for the tax creditor to discover and to reach.

Only a few years ago out-of-state assets could not be reached at all, nor could the tax debtor himself be reached except within the taxing state, in its own courts, and by its own legal processes. Formerly, no state would use its law or …


Recent Cases, Walter S. Weems, Mary M. Schaffner, Ronald G. Harris Mar 1976

Recent Cases, Walter S. Weems, Mary M. Schaffner, Ronald G. Harris

Vanderbilt Law Review

Constitutional Law-State and Local Tax-- Nondiscriminatory Ad Valorem Property Tax on Imports Stored in Warehouse Pending Sale Is Not Prohibited by Import-Export Clause

The framers of the Constitution enacted the import-export clause with the apparent intent that it remedy shortcomings of the Articles of Confederation and achieve specified national goals. Since the Articles of Confederation allowed individual states to regulate commerce as they saw fit, the seaboard stales, through whose ports goods in foreign commerce had to pass, were able to impose duties on imports destined for inland states. One reason for the import-export clause was to preserve harmony among …


Xi. Taxation Mar 1976

Xi. Taxation

Washington and Lee Law Review

No abstract provided.


Irs Summary Assessment Powers: Abuse And Control, James E. Gleason Jr., Dennis K. Poole Mar 1976

Irs Summary Assessment Powers: Abuse And Control, James E. Gleason Jr., Dennis K. Poole

BYU Law Review

No abstract provided.


Analysis Of Revenue Ruling 75-292: A Proposal To Allow The Combined Use Of Sections 1031 And 351 Without Destroying The Tax-Free Status Of Either Mar 1976

Analysis Of Revenue Ruling 75-292: A Proposal To Allow The Combined Use Of Sections 1031 And 351 Without Destroying The Tax-Free Status Of Either

William & Mary Law Review

No abstract provided.


State Taxation Of Interstate Business And The Supreme Court, 1974 Term: Standard Pressed Steel And Colonial Pipeline, Walter Hellerstein Feb 1976

State Taxation Of Interstate Business And The Supreme Court, 1974 Term: Standard Pressed Steel And Colonial Pipeline, Walter Hellerstein

Scholarly Works

It was an item of more than routine interest when the Supreme Court, late in the 1973 term, noted probable jurisdiction in two cases raising issues of central importance with respect to state tax power over interstate business. Standard Pressed Steel Co. v. Department of Revenue presented critical questions concerning due process and commerce clause limitations on a state's power to impose an unapportioned gross receipts tax on an interstate vendor; Colonial Pipeline Co. v. Traigle posed the recurring and unresolved question of the scope and vitality of the doctrine that the “privilege” of doing interstate business is immune from …