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Articles 1 - 6 of 6
Full-Text Articles in Law
Passthrough Entities: The Missing Element In Business Tax Reform, Karen C. Burke
Passthrough Entities: The Missing Element In Business Tax Reform, Karen C. Burke
Karen Burke
Reform of the U.S. corporate tax system is again on the agenda. Despite important differences, many current proposals share two common goals: (1) reducing the statutory corporate tax rate to improve U.S. “international competitiveness” and (2) broadening the corporate tax base by reducing or eliminating business expenditures to offset revenue losses. Given the significance of the passthrough sector and the relationship between individual and corporate taxes, however, such reforms need to be considered within a broader context. Part I of this article discusses the growing significance of the passthrough sector, which now accounts for roughly half of net business income. …
Capital Gains Distributions Treated As Principal Under The Uniform Principal And Income Act, James H. Seckinger
Capital Gains Distributions Treated As Principal Under The Uniform Principal And Income Act, James H. Seckinger
James H. Seckinger
No abstract provided.
Slump Sale Transactions - Taxation Issues In India, Mubashshir Sarshar
Slump Sale Transactions - Taxation Issues In India, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
Tackling Investor And Managerial Myopia, Emeka Duruigbo
Tackling Investor And Managerial Myopia, Emeka Duruigbo
Emeka Duruigbo
Market observers and legal commentators link the collapse, a few years ago, of giant energy company Enron and some fabled financial firms to the short-termism phenomenon – investors acting like traders and influencing corporate managers to make policy decisions based on quarterly earnings statements. Opponents of short-termism note that the future well-being of many investors, corporations, overall economy and society at large is in jeopardy if investors with a near-term horizon, especially hedge funds, enjoy a dominant role in corporate governance. Skeptics dismiss the concerns, insisting that the notion of pervasive short-term investing is a figment of opponents’ imagination. Moreover, …
The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti
The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti
James R. Repetti
The U.S. tax system contains many provisions which are intended to align management of large publicly traded companies more closely to stockholders. This article shows that many of the tax provisions that have been adopted are of questionable effectiveness because they fail to address the complexities of stockholder-management relations in attempting to motivate management to act in the best interests of stockholders. The article proposes that rather than Congress attempting to identify the best way that it can use the tax system to motivate management, Congress should eliminate tax provisions which subsidize management's inefficiencies in order to encourage stockholders, themselves, …
Taxation The Consumption Of Capital Gain, Calvin H. Johnson
Taxation The Consumption Of Capital Gain, Calvin H. Johnson
Calvin H. Johnson
"Taxing the Consumption of Capital Gain" argues that the lower tax rate on capital gain should be available only for capital gains that are reinvested. The article traces the history of the capital gain concept in American and British law and in the policy literature and finds that there is an unstated assumption that capital gains will remain part of capital and not be consumed. The assumption needs to be turned into a requirement.