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Articles 1 - 12 of 12
Full-Text Articles in Law
Yesterday's Protester May Be Tomorrow's Saint: Reimagining The Tax System Through The Work Of Dorothy Day, Bridget J. Crawford, W. Edward Afield
Yesterday's Protester May Be Tomorrow's Saint: Reimagining The Tax System Through The Work Of Dorothy Day, Bridget J. Crawford, W. Edward Afield
Elisabeth Haub School of Law Faculty Publications
This Article offers a critical exploration of Day's views on the relationship between the tax system and Catholic social theory. Part I of this Article provides a biographical sketch of Dorothy Day and an overview of the Catholic Worker movement. Part II explores Day's views on taxation, pacifism, and social justice. It attempts to reconcile her belief in wealth redistribution with her nonpayment of federal income taxes and her failure to seek tax-exempt status for the Catholic Worker. Part III examines Day's tax resistance in the context of Catholic social teaching, particularly as that thought was developing during Day's lifetime …
Is The Biggest Offer The Best Offer?, Alyssa Croft
Is The Biggest Offer The Best Offer?, Alyssa Croft
Pace Intellectual Property, Sports & Entertainment Law Forum
Many people strive to be professional athletes because of the respect and accomplishment it receives. You make a lot of money, it can be glamorous, you are in commercials and magazines, and sometimes even movies. However, there are some things people do not think about when it comes to professional athletes. One of the biggest is taxation! There are so many different things athletes must think about and do because of taxes so they can take home the most amount of money possible. Athletes must be careful about who they hire to help them with their taxes because they want …
Tax Benefits, Higher Education And Race: A Gift Tax Proposal For Direct Tuition Payments, Bridget J. Crawford, Wendy C. Gerzog
Tax Benefits, Higher Education And Race: A Gift Tax Proposal For Direct Tuition Payments, Bridget J. Crawford, Wendy C. Gerzog
Elisabeth Haub School of Law Faculty Publications
This Article combines three topics--taxes, higher education, and race--to evaluate the tax system's role in exacerbating racial inequalities. Part II frames the discussion with a brief overview of the economics of higher education: how much it costs, how much debt the average student incurs to afford it, and how that debt burden varies by race. Part III describes the major income and wealth transfer tax benefits for higher education, including I.R.C. § 2503(e)'s exclusion of direct tuition payments from gift tax. Part IV demonstrates how this gift tax exclusion disproportionately benefits white families already more likely to avail themselves …
The Critical Tax Project, Feminist Theory, And Rewriting Judicial Opinions, Bridget J. Crawford
The Critical Tax Project, Feminist Theory, And Rewriting Judicial Opinions, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
Introduction to Symposium on Feminist Judgments: Rewritten Tax Opinions.
Portability, Marital Wealth Transfers, And The Taxable Unit, Bridget J. Crawford
Portability, Marital Wealth Transfers, And The Taxable Unit, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
Prior to 2011, the most efficient estate tax planning for married couples required a minimal level of asset equalization. In order to take maximum advantage of all existing wealth transfer tax exemptions and credits, each spouse needed to own, in an estate tax sense, enough assets to be able to fully utilize the estate tax credit or applicable exemption. This changed with the enactment of estate tax portability in the Economic Growth and Economic Recovery and Relief Act of 2011, which became permanent under the American Taxpayer Relief Act of 2012. “Portability” refers to the ability of a surviving spouse …
New York’S Decanting Statute: Helping An Old Vintage Come To Life Or Spoiling The Settlor’S Fine Wine?, David Restrepo
New York’S Decanting Statute: Helping An Old Vintage Come To Life Or Spoiling The Settlor’S Fine Wine?, David Restrepo
Pace Law Review
The Comment examines trust decanting in four parts. Part I reviews the historical evolution of decanting statutes, first from common law roots, and later focusing on the legislative history of New York’s decanting statute. Part II briefly explains the functionality of section 10-6.6 of the NY EPTL; the “how does it work” explanation of the statute that authorizes decanting. Part III will discuss the many practical uses of the decanting statute. Finally, Part IV will transition into a discussion on how the trustee’s use of this statute not only leaves him in limbo regarding the tax treatment of his actions, …
Is Cricket Taxing? The Taxation Of Cricket Players In India, Rishi Shroff
Is Cricket Taxing? The Taxation Of Cricket Players In India, Rishi Shroff
Pace Intellectual Property, Sports & Entertainment Law Forum
This Essay examines the taxation of crickets in the context of Indian law. It examines the concept of non-resident “star” companies created by Indian cricketers as a mechanism to avoid the taxation of their global income in India.
When Are Damages Tax Free?: The Elusive Meaning Of “Physical Injury”, Ronald H. Jensen
When Are Damages Tax Free?: The Elusive Meaning Of “Physical Injury”, Ronald H. Jensen
Elisabeth Haub School of Law Faculty Publications
Part I of this article traces the evolution in the tax treatment of litigation damages from 1918 through the enactment of the 1996 Amendments and reviews the various rationales that have been offered for such treatment. In Part II, I set forth a number of hypothetical cases illustrating some of the issues created by the 1996 Amendments. In Parts III through Part VI, I set forth my analyses of these issues. Finally, In Part VII, I critique the 1996 Amendments and make a proposal that would eliminate much of the uncertainty and inequity that the 1996 Amendments created while satisfying …
Our Bodies, Our (Tax) Selves, Bridget J. Crawford
Our Bodies, Our (Tax) Selves, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
This Article considers important consequences of the commodification of human reproduction. Anyone who has opened a campus newspaper has seen advertisements seeking to match an infertile couple with a young woman who will “donate” her egg (in return for a fee). Some college-age men earn thousands of dollars through regular visits to a sperm bank. The characterization of human ova and sperm cells as transferrable “property” is the very foundation upon which the entire fertility industry rests. But the law of donative transfers has largely ignored the commercial market for human reproductive material. This Article considers how courts and the …
Sticky Copyrights: Discriminatory Tax Restraints On The Transfer Of Intellectual Property, Bridget J. Crawford
Sticky Copyrights: Discriminatory Tax Restraints On The Transfer Of Intellectual Property, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
This Article focuses on the federal estate and gift tax treatment of copyright termination rights. The ability of a creative individual to terminate prior copyright transfers serves to protect against economic exploitation. Once a copyright's value has been established in the marketplace, the author (or the author's heirs) enjoys a "second look" at the gift, sale, license or other transfer of a copyright. But copyright termination rights--intended to enhance the economic well-being of authors and artists--undermine estate planning strategies available to owners of other types of property. There is no policy justification for such discrimination, and so this Article proposes …
Tax Avatars, Bridget J. Crawford
Tax Avatars, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
Anyone who has spent time in cyberspace understands the concept of an alter ego. In online games, chat rooms and on the internet generally, users select one or more avatars to represent themselves. Avatars function as the end-user’s alter ego. The avatar may be a three-dimensional character in a multiplayer game or a two-dimensional icon on a bulletin board. This article uses the concept of avatars to explain the tax treatment of real-life alter egos: agents under a power of attorney. Specifically, the article discusses (1) how traditional, standard legal instruments can be used to create legal alter egos; (2) …
Protecting The Public Fisc: Fighting Accrual Abuse With Section 446 Discretion, Karl S. Coplan
Protecting The Public Fisc: Fighting Accrual Abuse With Section 446 Discretion, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
This Note suggests an approach under the current Code and current legal doctrine that would enable the Commissioner to disallow accrual accounting when manipulated to avoid taxation. At the outset, the Note defines and illustrates tax avoidance through accounting manipulation. The Note then considers within the framework of judicial review of agency action the source and nature of the Commissioner's discretion to reject accounting methods. This analysis demonstrates the validity of the Commissioner's action whenever it is based on legally relevant factors. The Note then develops the emerging content of the “clearly reflect income” language as the source of the …