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Articles 1 - 11 of 11

Full-Text Articles in Law

The Empty Promise Of Estate Tax Repeal, Grayson M.P. Mccouch Oct 2008

The Empty Promise Of Estate Tax Repeal, Grayson M.P. Mccouch

UF Law Faculty Publications

The terms of the debate over the estate tax have been framed largely by abolitionists who have propounded an antitax message that portrays the estate tax as unambiguously harmful and threatening to ordinary families and small businesses. The attack on the estate tax is linked to a larger agenda of eliminating taxes on capital and capital income and dismantling the progressive elements of the federal tax system. The slogan of estate tax repeal, while effective in mobilizing antitax sentiment, makes no sense as a matter of tax policy because it downplays revenue costs, distributional effects, administrative concerns, and consequences for ...


Op Ed: Loose Application Of Depreciation Doctrine, Deborah A. Geier Sep 2008

Op Ed: Loose Application Of Depreciation Doctrine, Deborah A. Geier

Law Faculty Articles and Essays

Deborah A. Geier responds to the interpretation of the capitalization doctrine by Andy A. Torosyan and Joseph M. Johnson.


Tax Fairness, Brian Galle Sep 2008

Tax Fairness, Brian Galle

Washington and Lee Law Review

This Article argues that, contrary to the consensus of economists and many legal scholars, the norm of "horizontal equity" in taxation has independent meaning as a default rule in favor of existing arrangements. Although it has long been said, and widely thought, that tax should be fair in its dealings with individuals who are situated similarly to one another, no one has been able to say convincingly just what that fairness comprises. As a result, the learned referees in the last major dispute over the significance of horizontal equity judged that fairness's critic had decidedly won the day. Since ...


International And Ec Tax Aspects Of Groups Of Companies (Canada), Kim Brooks May 2008

International And Ec Tax Aspects Of Groups Of Companies (Canada), Kim Brooks

Articles, Book Chapters, & Popular Press

This short, largely descriptive piece reviews some of the history and reasons as to why the consolidation of corporate groups has not been adopted in the Canadian income tax legislation. Canada is unique becuase it is one of a very limited number of high-income countries with no formal consolidate regime. After a brief review of the history of consolidated reporting in Canada, the piece describes some of the instances where a mutuality of interest between corporations is recognized, the objectives of recognizing a group of corporations in these instances, and the measures of relatedness used to group corporations. Measures that ...


"Can Tax Policy Stop Human Trafficking?", Diane Fahey Mar 2008

"Can Tax Policy Stop Human Trafficking?", Diane Fahey

Diane L. Fahey

ABSTRACT

Can Tax Policy Stop Human Trafficking?

The total number of victims who are held in captivity to perform forced labor at any one time is estimated to be as high as twenty-seven million. That would be equivalent to every man, woman, and child in the states of New Hampshire, Vermont, Massachusetts, and New York being held in captivity and forced twelve to fourteen hours each day to labor in sweatshops, or toil as agricultural workers, or service sexually many customers every day with no hope that it will ever end except by death. They would live in crowded, dirty ...


Ability-To-Pay And The Taxation Of Virtual Income, Adam S. Chodorow Feb 2008

Ability-To-Pay And The Taxation Of Virtual Income, Adam S. Chodorow

Adam S Chodorow

Whether to tax virtual income raises a vexing question. Most people’s intuition suggests that virtual income should be exempt from tax, but the real-world economic value inherent in such income suggests otherwise. Those who have considered the question to date have attempted to justify non-taxation using either an intent-based or imputed-income approach. In this Article, I argue that neither of these approaches nor the proposals they produce are fully satisfactory. Using the ability-to-pay principle, I offer a new approach to this question, which better conforms to existing tax policy and doctrine and produces a more administrable proposal than those ...


Generous To A Fault? Fair Shares And Charitable Giving, Miranda P. Fleischer Feb 2008

Generous To A Fault? Fair Shares And Charitable Giving, Miranda P. Fleischer

Miranda P. Fleischer

Given the vital role that charities play in our society, it is not surprising that the tax Code encourages philanthropy by allowing a deduction for charitable gifts. What is surprising is that it treats the most generous among us less favorably than those of average generosity. This stems from one of the most puzzling limits in the Code: the cap preventing someone from claiming a charitable deduction greater than 50% of her income, even if she gives more than half her income to charity. As a result, someone generous enough to donate all her income must still pay income tax ...


If Major Wars Affect (Judicial) Fiscal Policy, How & Why?, Nancy Staudt Jan 2008

If Major Wars Affect (Judicial) Fiscal Policy, How & Why?, Nancy Staudt

Faculty Working Papers

This paper seeks to identify and explain the effects of major wars on U.S. Supreme Court decision-making in the context of taxation. At first cut, one might ask why we should even expect to observe a correlation between military activities and judicial fiscal policy. After all, the justices have no authority whatsoever to adopt funding laws intended to relieve the budgetary pressures that tend to emerge in times international crisis. The Court, however, is able to contribute to the wartime revenueraising efforts indirectly by adopting a pro-government stance in the cases it decides in wartime periods. As the probability ...


Forging Fiscal Reform: Constitutional Change, Public Policy, And The Creation Of Administrative Capacity In Wisconsin, 1880-1920, Ajay K. Mehrotra Jan 2008

Forging Fiscal Reform: Constitutional Change, Public Policy, And The Creation Of Administrative Capacity In Wisconsin, 1880-1920, Ajay K. Mehrotra

Articles by Maurer Faculty

In 1911, Wisconsin became one of the first U.S. states to adopt an effectively administered income tax. Wisconsin reformers were able to overcome several institutional barriers to create the administrative capacity necessary to assess and collect a graduated income tax that in time raised significant revenue, but did not supplant the property tax. With this limited success, the Wisconsin income tax soon became a model for other states and even the national government. In this sense, Wisconsin was a leader in forging fiscal reform. Political activists, lawmakers, and other government actors in the Badger State led a turn-of-the-century property ...


Time To Start Over On Deferred Compensation, Michael Doran Jan 2008

Time To Start Over On Deferred Compensation, Michael Doran

Georgetown Law Faculty Publications and Other Works

Writing good regulations--"good" in the sense of promoting the public interest--always presents challenges. Regulators must hit a small but important target where private conduct is brought within appropriate government control, but unnecessary compliance burdens and other deadweight costs are minimized. Even if they see the government's objectives clearly, regulators often have only a limited understanding of the underlying private activities. Moreover, regulators may be unaware of how their rules disrupt or distort those activities in socially harmful ways.

Regulators occasionally hit the target exactly. More often, they miss--though not by an intolerably wide margin (good enough for government ...


Access Assured: Restoring Progressivity In The Tax And Spending Programs For Higher Education, Kerry A. Ryan Jan 2008

Access Assured: Restoring Progressivity In The Tax And Spending Programs For Higher Education, Kerry A. Ryan

All Faculty Scholarship

Presently, the federal government subsidizes the higher education expenses of individual college students through two distribution channels: the tax system and the transfer system. Under each subsystem, there are a multitude of programs available to assist students in meeting their postsecondary educational expenses. The proliferation of so many forms of federal student aid raises issues of intra- and inter-program effectiveness. In their current form, the tax benefits for higher education do not get the right amount to the right people at the right time. The federal college spending programs, on the other hand, get the right amount to the right ...