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Full-Text Articles in Law
Only Congress Can Create Deductions, Deborah A. Geier
Only Congress Can Create Deductions, Deborah A. Geier
Law Faculty Articles and Essays
A series of recent and controversial cases has raised the issue of how plaintiffs must treat attorneys' fees and costs that are paid out of otherwise includable settlement or litigation awards. Everyone seems to agree that under tax policy and theory plaintiffs should not be saddled with this burden. Many have expressed the desire that Congress amend the Code to correct the problem. The more difficult question, which the author addresses, is whether courts can act to protect these plaintiffs in the absence of Congressional action.
The Unconstitutionality Of Eliminating Estate And Gift Taxes, James G. Wilson
The Unconstitutionality Of Eliminating Estate And Gift Taxes, James G. Wilson
Law Faculty Articles and Essays
The recent proposal to eliminate estate and gift taxes is not only immoral and a poor allocation of resources, but also is unconstitutional. Irrespective of their ideology, virtually all American lawyers will initially dismiss this accusation as frivolous because it conflicts with their tradition of equating conceptions of "constitutionality" with United States Supreme Court opinions. The Court has long been highly deferential to Congress in federal tax law cases. It is inconceivable that the current Court would find anything "irrational" in a facially neutral law eliminating all estate and gift taxes. Indeed, if I sat on that bench, I would …
Change Is Needed: The Taxation Of Alimony And Child Support, Laura Bigler
Change Is Needed: The Taxation Of Alimony And Child Support, Laura Bigler
Cleveland State Law Review
When a marriage dissolves there are tax consequences for everything from distribution of property to custody of the couple's children. The current tax system for alimony and child support strengthens the possibility of financial devastation. Under the present system, alimony and child support have opposite tax treatment. Many complicated rules have been added to distinguish between alimony and child support, which will be discussed later in this paper. There must be a simplification of the present law so that the average divorced taxpayer will be able to understand and implement the rules with or without sophisticated tax counsel or an …
The Moral Hazard Of The Estate Tax , Carolyn C. Jones
The Moral Hazard Of The Estate Tax , Carolyn C. Jones
Cleveland State Law Review
The current debate about wealth transfer taxation has its themes of morality as well. Opponents have labeled the tax as “immoral.” Taxation is about morality. It is both useful and necessary to consider moral arguments in the debate about the estate tax. In an area largely consigned to economists and philosophers, it is beneficial to broaden perspectives. One could expand the range of academic disciplines considered-to history, psychology, and sociology, for example. One should also take into account the narratives of those affected by the issue. This essay can only probe into this question, beginning with Andrew Carnegie and the …
Federal Transfer Taxes: The Possibility Of Repeal And The Post Repeal World , Joel C. Dobris
Federal Transfer Taxes: The Possibility Of Repeal And The Post Repeal World , Joel C. Dobris
Cleveland State Law Review
I do want to focus you on what I now see as the crucial social policy behind transfer taxes in America. And, today I would say, that the death tax, if amended, can vindicate that crucial policy. Rightly or wrongly, I think we do not focus on the key purpose of death taxation in this country. I believe knowing the "secret" makes it easier to explain why the environment is so pro-repeal and it makes it easier for me to prescribe for the future. For better or worse, I believe the crucial purpose of the tax is to assert the …