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Full-Text Articles in Law
Taxing Gains At Death: A Further Comment, Charles O. Galvin
Taxing Gains At Death: A Further Comment, Charles O. Galvin
Vanderbilt Law Review
Professor Lawrence Zelenak's recent Article provides an excellent analysis of the relevant issues and their treatment in a tax regime in which gains and losses are recognized at gifttime and deathtime transfers.' I have argued for the same policy change, suggesting further the repeal of the wealth transfer tax system altogether and possibly the repeal of Section 1022 to require the inclusion in recipients' gross income of gifts, bequests, devises, and inheritances.' Still further, in agreement with Professor Zelenak, I would retain the present concepts of the marital deduction, unlimited charitable deduction for deathtime transfers, and some minimum exemption that …
Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky
Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky
Vanderbilt Law Review
Few contemporary issues concern state and local policymakers as intensely as unfunded mandates.' Mayors, county executives, city councilmen, and the professional associations representing them routinely argue that the federal and state governments have, in recent years, imposed at an accelerating rate expensive requirements on municipalities without granting corresponding funds for compliance, thereby irresponsibly straining the fiscal capacity of municipalities, hampering their ability to provide essential services, and improperly infringing upon the scope of local control. The complaints of municipal policymakers have provoked a variety of proposals for restraining unfunded mandates: obligatory disclosure of the projected costs of proposed mandates, requirements …
Third Party Assignment, Statutes Of Limitation, And The Tax Refund Offset Program: Breathe A Little Easier Student Deadbeats, The Fifth Circuit Is On Your Side, Michael S. Smith
Third Party Assignment, Statutes Of Limitation, And The Tax Refund Offset Program: Breathe A Little Easier Student Deadbeats, The Fifth Circuit Is On Your Side, Michael S. Smith
Vanderbilt Law Review
The economic downturn of the early 1990s has brought with it a dramatic increase in the number of defaults on student loans.' Legislators have thrashed about trying to plug the collection leaks with a myriad of legislative proposals. Despite this congressional movement, the United States Court of Appeals for the Fifth Circuit recently removed another rock from the dike of federal regulations that prevents the student loan program from completely drowning in unpaid debt. In Grider v. Cavazos, the Fifth Circuit held that Department of the Treasury (Treasury Department) regulations prohibit the Internal Revenue Service (IRS) from offsetting a delinquent …
Common Misconceptions: The Function And Framework Of "Trade Or Business Within The United States", Nancy H. Kaufman
Common Misconceptions: The Function And Framework Of "Trade Or Business Within The United States", Nancy H. Kaufman
Vanderbilt Journal of Transnational Law
In this Article, Professor Kaufman examines the administrative and jurisdictional functions of the Internal Revenue Code's term "trade or business within the United States" in the taxation of foreign persons' income and the existing framework established for the term's interpretation. The author contends that the courts, by relying on two common misconceptions of the term, have made the term's application unpredictable. The author further believes that defining the term according to its functions would serve United States tax policy and economic interests. This definition would focus primarily on facts indicating an ongoing commitment to participation the United States economy. The …
Navigating The Minefields Of Russian Joint Venture Law And Tax Regulations: A Procedural Compass, Christopher Osakwe
Navigating The Minefields Of Russian Joint Venture Law And Tax Regulations: A Procedural Compass, Christopher Osakwe
Vanderbilt Journal of Transnational Law
In this Article, Professor Osakwe explores the precarious field of Russian joint venture law and tax regulation. The author gives detailed accounts of the major laws, discusses their evolution, and projects their future course. Additionally, the author notes the continuing influence of USSR law on current Russian joint venture practice. Throughout his analysis, the author provides specific and pragmatic advice for businesses and entrepreneurs considering joint ventures in Russia.