Law Commons^™

Economic Substance And The Supreme Court, Amandeep S. Grewal

Andy Grewal

The Supreme Court grants certiorari in a wide variety of fascinating cases. Occasionally, it agrees to decide tax cases, too. Perhaps because of the perceived dryness of tax law, the Court has been hesitant to address the validity of the so-called economic substance doctrine. Although there are too many formulations of the doctrine to count, the lower courts often hold that even when a taxpayer has met a statute's requirements, he cannot enjoy any of its benefits unless his conduct reveals a business purpose and a reasonable expectation of profit. This article argues that the lower courts' application of an …

Electronic Government And Digital Inclusion: Examples From India, Subhajit Basu

Subhajit Basu

This presentation has two parts: In the first part I look into Development, effect of technology on development, obviously technology provides opportunity to have choices but Can Technology (here ICT) influence development? Digital inclusion is a concept about the disparities in terms of citizens’ participation in the Information Society. This participation may be conceptualised in the first instance as ICT access, levels of use and use patterns. On one hand we have technology which promises of New Dawn for the developing countries, on the other hand only access to technology will not provide development for poor millions of a developing …

Obtaining The Skills Required For Performing Tax Process Outsourcing, William Byrnes

William H. Byrnes

No abstract provided.

Lecture, “Current Issues In Us-Swedish Tax Relationships, Hugh Ault

Hugh J. Ault

No abstract provided.

Lecture, “The Work Of The Oecd In International Tax Matters, Recent Developments, Hugh Ault

Hugh J. Ault

No abstract provided.

Ethics And Standards Of Tax Practice In The New Age Of Transparency: From Self-Assessment To Self-Audit, Emily A. Parker, Robert D. Probasco

Robert Probasco

No abstract provided.

Lecture, 21st Century Challenges For Tax Policy Makers And Tax Administrators, Hugh Ault

Hugh J. Ault

No abstract provided.

Comments On Proposed Regulations On Reportable Transactions, Robert D. Probasco, M. Todd Welty, Brandy N. Williams, Stephen A. Beck

Robert Probasco

Good Hybrids/Bad Hybrids, Edward J. Mccaffery

Edward J McCaffery

Hybrid income-consumption taxes seek to tax some but not all savings, the treatment of savings being the principal difference between an income and a consumption tax. Some hybrids, however, simply move the tax system towards a prepaid consumption or wage tax; others, by allowing arbitrage, risk making all taxation voluntary. A consistent, progressive postpaid consumption tax, in contrast, gets matters just right, by design: it allows ordinary savings, for times of retirement or medical or educational needs, to lower the burden of taxation, while falling on the yield to savings when it is used to elevate lifestyles. It is, in …

A New Understanding Of Tax, Edward J. Mccaffery

Edward J McCaffery

A great deal and possibly all of the mind-numbing complexity of America’s largest and least popular tax follows from the decision to have a progressive personal income tax. Proponents wanted an individual income tax notwithstanding — indeed, in large part because of — such a tax’s “double taxation” of savings. This double-tax argument is an analytic point generally attributed to Mill’s classic 1848 treatise, Principles of Political Economy. Historically, much of the support for the Sixteenth Amendment, ratified in 1913, came from Southern and Midwestern, progressive, agricultural interests, who wanted, in general, to implement a redistributive tax and, in particular, …

Tax And Terrorism: A New Partnership?, Michelle Gallant

Michelle Gallant

The global chase for terrorist assets has shed light on a link between tax and terrorism. Tax havens have been associated with terrorist finance, identified as potential centres for filtrating terrorist assets and for enabling the cross-border movement of the resources destined for terrorist enterprises. Complex multi-jurisdictional financial transactions have become the venues for the merger of terrorist finance with other mobile capital, its criminally ordained purpose hidden midst the convolutions of international tax and related transactions.

To many the mechanics of tax is an inaccessible subject. It consists of a complex matrix of laws best left to the professional …

Repairing Facade Easements: Is This The Gift That Launched A Thousand Deductions?, Martha Jordan

Martha W. Jordan

This article explores the impact of such a covenant on the characterization for tax purposes of expenditures to maintain the facade. In particular this article explores the following question: Given that the charitable easement holder owns a nonpossessory interest in the facade, which imposes on the charity an obligation to repair and maintain the facade and entitles it to benefit from increases in the value of the facade, is a donor's assumption of the charity's obligation to repair the facade an additional charitable contribution to the charity? If a donor gratuitously makes improvements to property owned outright by a charity, …

Grasping Smoke: Enforcing The Ban On Political Activity By Charities, Lloyd Histoshi Mayer

Lloyd Hitoshi Mayer

The rule that charities are not allowed to intervene in political campaigns has now been in place for over fifty years. Despite uncertainty about the exact reasons for Congress' enactment of it, skepticism by some about its validity for both constitutional and public policy reasons, and continued confusion about its exact parameters, this rule has survived virtually unchanged for all of those years. Yet while overall noncompliance with the income tax laws has drawn significant scholarly attention, few scholars have focused on violations of this prohibition and the IRS' attempts to enforce it. This Article focuses on the elusive issue …

Using Insurance Law And Policy To Interpret The Tax Code's Loss And Medical Expense Provisions, Andrew Blair-Stanek

Andrew Blair-Stanek

No abstract provided.