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Articles 1 - 8 of 8
Full-Text Articles in Law
Subchapter S And Its Effect On The Capitalization Of Corporations, Mortimer M. Caplin
Subchapter S And Its Effect On The Capitalization Of Corporations, Mortimer M. Caplin
Vanderbilt Law Review
Our federal tax laws encourage the creation of complex capital structures. "Thinning" capitalizations by issuing corporate indebtedness offers well known tax advantages to both shareholder and corporation.' Also, since 1954, issuing preferred stock on incorporation is a standard procedure for side-stepping the "bail-out" prohibitions of code section 306. A "good" capitalization from a tax viewpoint, therefore, will often involve a small base of common stock, a heavier layer of preferred stock and as much debt as the tax adviser believes will be given tax recognition.
The Tax Treatment Of Collapsible Corporations, Boris I. Bittker
The Tax Treatment Of Collapsible Corporations, Boris I. Bittker
Vanderbilt Law Review
Introductory.-Section 331 (a) (1) of the Internal Revenue Code provides that a complete liquidation of a corporation is to be treated by the shareholder as a sale of his stock, which will ordinarily produce capital gain or loss, and section 334 (a) provides that the shareholders' basis for property acquired on the liquidation is its fair market value at the time of distribution. These rules, which are of long standing, led to the tax avoidance device known as the "collapsible corporation," which in its turn led,in 1950, to the enactment of what is now section 341. As will be seen, …
State Taxation Of Interstate Commerce, Gilbert S. Merritt Jr.
State Taxation Of Interstate Commerce, Gilbert S. Merritt Jr.
Vanderbilt Law Review
In Northwestern States Portland Cement Co. v. Minnesota,' the Supreme Court recently granted states the broad power to tax earnings of out-of-state corporations from business done within each state. Justice Clark, speaking for the majority, laid down the doctrine that "the entire net income of a corporation, generated by interstate as well as intrastate activities, may be fairly apportioned among the States for tax purposes by formulas utilizing in-state aspects of inter-state affairs." The purpose of this note is to analyze the doctrine, its background and possible economic consequences.
Remuneration Of Officers And Directors Of Listed California, Florida, Ohio, And Virginia Corporations, M. Minnette Massey, Frank D. Emerson
Remuneration Of Officers And Directors Of Listed California, Florida, Ohio, And Virginia Corporations, M. Minnette Massey, Frank D. Emerson
Articles
No abstract provided.
Share Repurchases Under Modern Corporation Laws, Robert A. Kessler
Share Repurchases Under Modern Corporation Laws, Robert A. Kessler
Fordham Law Review
No abstract provided.
Business Associations—1959 Tennessee Survey, F. Hodge O'Neal
Business Associations—1959 Tennessee Survey, F. Hodge O'Neal
Faculty Scholarship
No abstract provided.
Federal Jurisdiction In Diversity And Related Cases, W. J. Wagner
Federal Jurisdiction In Diversity And Related Cases, W. J. Wagner
Cleveland State Law Review
An important group of cases over which the inferior federal courts in the United States have jurisdiction consists of those in which the parties are "citizens of different States." Theoretically, it cannot be doubted that controversies "arising under" federal law are proper for adjudication in federal courts, while the necessity of extending the federal judicial power to diversity cases is not readily apparent.
Fractional Corporate Shares, W. Lewis Roberts
Fractional Corporate Shares, W. Lewis Roberts
Kentucky Law Journal
No abstract provided.