Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Other Law (28)
- International Law (19)
- Property Law and Real Estate (16)
- Taxation-Federal (16)
- Taxation-Transnational (16)
-
- Business Organizations Law (15)
- Legislation (13)
- Law and Economics (11)
- Constitutional Law (9)
- Internet Law (9)
- Administrative Law (8)
- Commercial Law (8)
- Comparative and Foreign Law (7)
- Taxation-State and Local (7)
- State and Local Government Law (6)
- Bankruptcy Law (5)
- Consumer Protection Law (5)
- Jurisprudence (5)
- Law and Society (5)
- Supreme Court of the United States (5)
- Banking and Finance Law (4)
- Courts (4)
- Estates and Trusts (4)
- Legal Remedies (4)
- Civil Law (3)
- Civil Rights and Discrimination (3)
- Common Law (3)
- Contracts (3)
- Keyword
-
- Base Erosion (9)
- Tax Treaties (9)
- BEPS (6)
- International Tax (5)
- OECD (5)
-
- Profit Shifting (5)
- Double Taxation (4)
- Organisation for Economic Co-operation and Development (4)
- Tax Treaty (4)
- Base Erosion and Profit Shifting (3)
- Bilateral (3)
- Organisation for Economic Co-operation and Development (OECD) (3)
- Profit Sharing (3)
- United States (3)
- Action Plan (2)
- Capital Gains (2)
- Compatibility (2)
- G20 (2)
- IRC (2)
- Independent Contractor (2)
- Internal Revenue Code (2)
- International Tax Regime (2)
- Jurisdiction (2)
- Limitation on Benefits (2)
- Multilateral (2)
- OECD Model Treaty (2)
- Patronage Dividend (2)
- Payroll Taxes (2)
- Permanent Establishment (2)
- Self-Employment (2)
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 120
Full-Text Articles in Tax Law
Tax Equity In The Era Of Paid College Athletes, Kathryn Kisska-Schulze, Adam Epstein
Tax Equity In The Era Of Paid College Athletes, Kathryn Kisska-Schulze, Adam Epstein
Brooklyn Law Review
This Article examines the growing use of narrowly tailored state income tax exemptions as a tool to attract elite collegiate athletic talent, focusing on Arkansas’s amended Student-Athlete Publicity Rights Act. Situating this development within the constitutional frameworks of the federal Equal Protection Clause and state uniformity provisions, it analyzes both the economic motivations and legislative intent underlying such policies. As name, image, and likeness (NIL) rights and emerging revenue-sharing models continue to reshape college athlete compensation, states are increasingly pursuing innovative strategies to maintain the competitiveness of their public institutions. Arkansas has emerged as a first mover in this space, …
The Constitution And Financial Freedom: Analyzing First Amendment Claims About Cryptocurrencies, Mithun Imbulamure
The Constitution And Financial Freedom: Analyzing First Amendment Claims About Cryptocurrencies, Mithun Imbulamure
Brooklyn Journal of Corporate, Financial & Commercial Law
In recent years, the United States has intensified regulatory oversight of cryptocurrency technologies. In August 2022, the Treasury Department's Office of Foreign Assets Control sanctioned Tornado Cash, a cryptocurrency mixer, leading to the prosecution and conviction of its developers for operating an unlicensed money transmitting business. Congress also amended § 6050I of the Tax Code through the Infrastructure Investment and Jobs Act, extending cash transaction reporting requirements to digital assets. These developments prompted cryptocurrency advocates to assert First Amendment protections for their activities, arguing that compelled disclosure requirements violate associational privacy and that computer code constitutes protected speech. The government …
Chapter 9 Bankruptcy: The Solution That Causes Problems, Peter C. Alexander
Chapter 9 Bankruptcy: The Solution That Causes Problems, Peter C. Alexander
Brooklyn Journal of Corporate, Financial & Commercial Law
There is a little-known form of bankruptcy called a “Chapter 9,” reserved for insolvent cities, villages, and other municipalities. Occasionally, one reads about a city or a county that has filed for Chapter 9 relief, like Detroit, Michigan, or Orange County, California; however, it is very hard to file a Chapter 9 case, in part, because existing law requires a municipality to obtain permission from its home state before it can file for relief in the U.S. Bankruptcy Court. An additional constraint is that the only option municipalities have when seeking bankruptcy relief is to file a Chapter 9 because …
Unveiling Injustice: An Analysis Of Irc Section 7430 And The Quest For Fairness In Taxpayer Administrative And Judicial Proceedings With The Irs, Kevin T. White, Tammy W. Cowart, Roger Lirely
Unveiling Injustice: An Analysis Of Irc Section 7430 And The Quest For Fairness In Taxpayer Administrative And Judicial Proceedings With The Irs, Kevin T. White, Tammy W. Cowart, Roger Lirely
Brooklyn Law Review
The American rule and doctrine of sovereign immunity are serious barriers affecting access to justice for individuals and small businesses. In this Article, we explore the legislative history of and evolution of the amendments to section 7430 of the Internal Revenue Code, which allows prevailing taxpayers in tax proceedings who meet certain substantive and procedural requirements to recover their attorneys’ fees and costs. We also examine in depth the requirements under section 7430 for recovering administrative and litigation costs, looking at select judicial decisions at how these requirements have been applied, including decisions applying the statutory limitations on attorneys’ fees …
A New Governance Framework In Cross-Border Tax Policymaking, Tamir Shanan, Doron Narotzki, Noam Zamir
A New Governance Framework In Cross-Border Tax Policymaking, Tamir Shanan, Doron Narotzki, Noam Zamir
Brooklyn Journal of Corporate, Financial & Commercial Law
The first tax treaty can probably be traced to the end of the 19th century: the treaty between the Swiss Federal Council (on behalf of the Canton of Vaud) and Great Britain. However, most tax scholars refer to the period following World War I, including the work of the League of Nations, as the formative period in which the international tax regime was founded. In the 1920s, the League of Nations formed a committee of four renowned economists that was asked to formulate a set of rules that would assist states in allocating taxing rights of cross-border income and gains …
Driving Corporate Environmental Responsibility With Tax Incentives And Carbon Taxation, Riya Dhall
Driving Corporate Environmental Responsibility With Tax Incentives And Carbon Taxation, Riya Dhall
Journal of Law and Policy
In response to the worsening global climate crisis, this Note examines the potential role of tax policy in encouraging corporate environmental responsibility. Focusing on tax incentives and a proposed federal carbon tax, it explores how strategic tax measures could drive corporations to mitigate their environmental impact. Through an analysis of economic and regulatory measures, such as cap-and-trade and excise taxes, alongside recent legislation like the Inflation Reduction Act, this Note assesses the potential of tax credits and carbon taxes to reduce corporate emissions. It further discusses the emergence of benefit corporations, specifically B Corp certified companies, such as Patagonia and …
The Equal Pay Game Changer: Using Mandatory Reporting To Encourage Corporations In The Sports Ecosystem To Increase Investment In Women’S Sports, Caroline Strauss
The Equal Pay Game Changer: Using Mandatory Reporting To Encourage Corporations In The Sports Ecosystem To Increase Investment In Women’S Sports, Caroline Strauss
Journal of Law and Policy
In 2016, the United States Women’s National Team began a lengthy fight for equal pay by filing a complaint with the Equal Employment Opportunity Commission. In 2019, the fight continued when the team sued the United States Soccer Federation for gender discrimination. When the court granted summary judgment to the U.S. Soccer Federation on their Equal Pay Act claim, it closed the door for the team to achieve equal pay through a public law remedy. The tedious fight came to an end with a settlement which guaranteed that the U.S. Men’s and Women’s National Teams would be paid equally. Although …
Outlier On Lgbtq Rights: Japanese Ban On Same-Sex Marriage And Its Contradiction In The Age Of Globalization, Yumi Higashi
Outlier On Lgbtq Rights: Japanese Ban On Same-Sex Marriage And Its Contradiction In The Age Of Globalization, Yumi Higashi
Brooklyn Journal of International Law
Japan is the only Group of Seven country yet to recognize same-sex marriage. Despite strong public support for marriage equality, the conservative dominance of the Japanese legislature and the Japanese courts’ deferential approach have stalled the change. This Note will analyze the legal issues and implications of Japan’s failure to recognize same-sex marriage and Japan’s worldwide inheritance tax regime, with an emphasis on cross-border succession and estate planning. Specifically, the Note argues that the United States, as the only country with which Japan has a treaty in estate, inheritance, and gift tax, should renegotiate the treaty as it could have …
Tax Law Analysis, Bradley T. Borden
Tax Law Analysis, Bradley T. Borden
Brooklyn Journal of Corporate, Financial & Commercial Law
Tax law has a unique analytical framework, which the nature of tax law requires. In areas of uncertainty, advisors and taxpayers are unable to determine the outcome of some reporting positions. If a taxpayer takes a reporting position that results in the taxpayer paying less tax at the time a tax return is filed, the taxpayer runs the risk of being required to pay tax later upon an IRS audit. Congress recognizes that there are areas of uncertainty in tax law and only imposes penalties if the authority supporting a reporting position is weak. To determine the strength of a …
The Section 1031 Qualified-Use Requirement, Bradley T. Borden
The Section 1031 Qualified-Use Requirement, Bradley T. Borden
Brooklyn Journal of Corporate, Financial & Commercial Law
Section 1031 allows owners of real property to dispose of their property and acquire replacement real property tax-free, and it is one of the most widely used transactional-planning provisions in federal tax law. With the variation in size of the transaction to which section 1031 applies comes varying levels of advice available to property owners. The significant variation in advice that property owners receive affects the actions that they take with respect to their property. Such variation appears to be most pronounced with respect to section 1031 exchanges that occur in proximity to business transactions (i.e., contributions to and distributions …
The Section 1031 Exchange Requirement, Bradley T. Borden
The Section 1031 Exchange Requirement, Bradley T. Borden
Brooklyn Journal of Corporate, Financial & Commercial Law
Section 1031 is the most widely used transactional tax-planning tool in federal income tax law. It allows owners of real property to transfer their property and acquire like-kind real property without recognizing taxable gain. Yet one of its most fundamental elements—the exchange requirement—remains under-analyzed and widely misunderstood, with costly consequences to untold numbers of taxpayers every year. Inaccurate information regarding the exchange requirement is disseminated to property owners by advisors and exchange professionals, causing property owners to forego business and transactional opportunities. Other property owners pay for costly transactional planning at the urging of advisors who misunderstand the exchange requirement. …
Tax Law Analysis Applied To Section 1031 Exchanges & Proximate Business Transactions, Bradley T. Borden
Tax Law Analysis Applied To Section 1031 Exchanges & Proximate Business Transactions, Bradley T. Borden
Brooklyn Journal of Corporate, Financial & Commercial Law
The popularity of nonrecognition of gain under section 1031 of the Internal Revenue Code attracts advisors from several corners of the real estate industry, including real estate attorneys; real estate professionals, such as brokers; section 1031 qualified intermediaries; and tax advisors. The varying degrees of professional training often results in advice varying from one advisor to the next. Nowhere is this more apparent than with respect to so-called “drop-and-swap” and “swap-and-drop” transactions. Some advisors claim that property owners must hold property for a specific period of time before or after an exchange to qualify for section 1031 nonrecognition. Others advise …
Ticnerships, Bradley T. Borden
Ticnerships, Bradley T. Borden
Brooklyn Journal of Corporate, Financial & Commercial Law
Tenancy-in-common (TIC) ownership has been around for centuries, but the commercial use of TIC ownership of real property has accelerated over the last couple of decades. The impetus for TIC ownership of real property is twofold: (1) a desire property owners have to obtain the tax benefits of section 1031 of the Internal Revenue Code and (2) the desire property owners have to own property with other property owners and other professional managers and developers. Because section 1031 only applies to exchanges of real property, interests in partnerships and LLCs—the most common type of real property ownership—do not qualify for …
Artful Imbalance: How The Us Tax Code And State Trust Laws Enable The Growth Of Inequality Through High-Value Art Collections, Mimi Strauss
Artful Imbalance: How The Us Tax Code And State Trust Laws Enable The Growth Of Inequality Through High-Value Art Collections, Mimi Strauss
Brooklyn Law Review
The United States has become the leading jurisdiction for those who wish to buy and store high-value art and NFTs, pay as few taxes as possible, and ultimately secure their wealth for generations. This “onshore” tax crisis is the result of tax loopholes, money laundering, the securitization of art and NFTs, and the state-by-state trust system. These forms of tax dodging—both legal and illegal—contribute to wealth inequality and deplete the welfare state. As natural disasters and pandemics become ever more present, the United States will rely more heavily on taxes, and that burden should be carried by everyone, not just …
Tax-Law Analysis, Bradley T. Borden
The Section 1031 Exchange Requirement, Bradley T. Borden
The Section 1031 Exchange Requirement, Bradley T. Borden
Faculty Scholarship
No abstract provided.
The Digital Advertising Tax: An Overstep By State Taxing Jurisdictions, Sammy Reisner
The Digital Advertising Tax: An Overstep By State Taxing Jurisdictions, Sammy Reisner
Brooklyn Journal of Corporate, Financial & Commercial Law
In 2021, the Maryland Senate voted to override the governor’s veto to pass House Bill 732, marking the enactment of the first digital advertising tax in the United States. The tax imitated existing digital services taxes that have become popular internationally. Recognizing the need for a global solution, the OECD and the G20 formed the Inclusive Framework to ensure that countries receive their fair share of taxes without subjecting businesses to double taxation. Domestically, however, no such resolution has been reached, and several other states, inspired by Maryland’s initiative, followed suit by introducing their own versions of a digital advertising …
Too Small To Succeed: How Small Nonprofits Are Disadvantaged By The Unrelated Business Income Tax, Rebeka Cohan
Too Small To Succeed: How Small Nonprofits Are Disadvantaged By The Unrelated Business Income Tax, Rebeka Cohan
Brooklyn Law Review
This note explores the unrelated business income tax (UBIT) and its unfair impact on smaller, less well-funded nonprofits. Although typically exempt from taxation, nonprofits can still be subject to the unrelated business income tax. Nonprofits are subject to UBIT when they have income that (1) qualifies as a trade or business, (2) is regularly carried on, and (3) is not substantially related to its tax-exempt purpose. This note argues that small nonprofits are unfairly disadvantaged by UBIT, because they typically have low budgets and small staffs without legal counsel. Congress should update the Internal Revenue Code (IRC) so organizations that …
The Case Against The Debt Tax, Vijay Raghavan
The Case Against The Debt Tax, Vijay Raghavan
Faculty Scholarship
No abstract provided.
Invaluable: Value Added Tax, Post-Colonialism, & The United States Of America, Travis Henry-Reid
Invaluable: Value Added Tax, Post-Colonialism, & The United States Of America, Travis Henry-Reid
Brooklyn Journal of International Law
Value-added tax is occasionally proffered as an alternative or even an addition to the federal income tax system. Value-added tax, or VAT, is widely accepted throughout Europe and indeed the world, but the United States remains a notable exception. This choice remains an intriguing one to revisit from time to time. This Note, however, will argue that VAT is arguably a by-product of the colonial frameworks that once dominated our global consciousness, and therefore, that VAT is not right for the United States. The Note will, where appropriate, compare and contrast key differences between the system, or systems, of taxation …
Filing While Black: The Casual Racism Of The Tax Law, Steven A. Dean
Filing While Black: The Casual Racism Of The Tax Law, Steven A. Dean
Faculty Scholarship
No abstract provided.
Mutual Fund Stewardship And The Empty Voting Problem, Jill E. Fisch
Mutual Fund Stewardship And The Empty Voting Problem, Jill E. Fisch
Brooklyn Journal of Corporate, Financial & Commercial Law
When Roberta Karmel wrote the articles that are the subject of this symposium, she was skeptical of the potential value of shareholder voting and the emerging involvement of institutional investors in corporate governance. In the ensuring years, both the increased role and engagement of institutional investors and the heightened importance of shareholder voting offer new reasons to take Professor Karmel’s concerns seriously. Institutional investors have taken on a broader range of issues from diversity and political spending to climate change and human capital management, and their ability to influence corporate policy on these issues has become more significant. The broadened …
Business Interruption Insurance In The Time Of Covid-19: Who Should Foot The Bill?, Paul Mchugh
Business Interruption Insurance In The Time Of Covid-19: Who Should Foot The Bill?, Paul Mchugh
Journal of Law and Policy
COVID-19-related business closures led to thousands of business interruption insurance claims and lawsuits across the country. However, throughout the history of business interruption policies, obstacles such as virus exclusions and “physical damage” requirements have been added in response to prior pandemics and catastrophic losses. These exclusions and requirements have led to many hurdles and outright denials for those seeking payment on their policies. So, then, can business owners still find some economic refuge in these policies? Despite outright denials in many courts, at least a handful of federal judges as well as a number of members of Congress seem to …
Qualified Opportunity Funds: Private Equity Exemptions From Public Responsibility, Audrey E. Abate
Qualified Opportunity Funds: Private Equity Exemptions From Public Responsibility, Audrey E. Abate
Brooklyn Journal of Corporate, Financial & Commercial Law
The historic Tax Cuts and Jobs Act (TCJA), passed and signed into law in 2017, included a pilot program of a new kind of tax advantage: the Qualified Opportunity Zone. The obscure provision has since spawned novel investment vehicles, called Qualified Opportunity Funds, through which qualified individuals and entities participate in what are often significant tax advantages, including deferral of capital gains for up to ten years. Because Qualified Opportunity Funds have come into existence so recently, regulation has been slow to catch up to the ways in which this tax program is rapidly attracting capital from private equity, investment …
Looking For A Silver Lining: How The Covid-19 Pandemic Forced New York To Reckon With Its Affordable Housing Crisis, Daniel Finnegan
Looking For A Silver Lining: How The Covid-19 Pandemic Forced New York To Reckon With Its Affordable Housing Crisis, Daniel Finnegan
Brooklyn Journal of Corporate, Financial & Commercial Law
Since the Great Depression, the United States government has failed to find an adequate remedy to a nationwide housing shortage amongst low- and moderate-income individuals and families. The COVID-19 public health crisis has exacerbated this ongoing, nation-wide housing crisis, and has highlighted the racial inequities present in our housing market. Furthermore, it has pushed New York State’s residential housing market into a uniquely precarious position. Dramatic legislation is required at the state level to address the housing crisis caused by the massive growth in income-insecure and housing-insecure individuals that resulted from the pandemic, as well as the widespread departure of …
Beyond The "Made In America Tax Plan": Gilti And International Tax Cooperation's Next Golden Age, Steven A. Dean
Beyond The "Made In America Tax Plan": Gilti And International Tax Cooperation's Next Golden Age, Steven A. Dean
Faculty Scholarship
No abstract provided.
Ten Truths About Tax Havens: Inclusion And The "Liberia" Problem, Steven A. Dean, Attiya Waris
Ten Truths About Tax Havens: Inclusion And The "Liberia" Problem, Steven A. Dean, Attiya Waris
Faculty Scholarship
No abstract provided.
Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis, Leon Yehuda Anidjar
Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis, Leon Yehuda Anidjar
Brooklyn Journal of International Law
The global COVID-19 pandemic is causing the large-scale end of life and severe human suffering globally. This massive public health crisis created a significant economic crisis and is reflected in a recession of global production and the collapse of confidence in the functions of markets. Corporations and boards of directors around the world are required to design specific strategies to tackle the negative consequences of the crisis. This is especially true for small and medium-sized enterprises (SMEs) that suffered tremendous economic loss, and their continued existence as ongoing concern is under considerable risk. Given these uncertain financial times, this Article …
Warranty, Product Liability And Transaction Structure: The Problem Of Amazon, Edward J. Janger, Aaron D. Twerski
Warranty, Product Liability And Transaction Structure: The Problem Of Amazon, Edward J. Janger, Aaron D. Twerski
Brooklyn Journal of Corporate, Financial & Commercial Law
Amazon, and other internet sales platforms, have revolutionized the manner in which goods are purchased and sold. The obligations undertaken by Amazon in those sales are unclear, both as a matter of transparency, and as a matter of legal doctrine. Is Amazon a store? Is it a shipper? Is it a telephone? In various transactions Amazon can play some or all of these roles. Choosing the right metaphor has consequences. Amazon knows this and has done everything it can to deploy the metaphors selectively to its best legal and practical advantage, even when the chosen characterizations are inapt or even …
Door Shut And Ears Plugged: How Consumer Reporting Casts Identity Theft Victims Out Of Financial Society And How The Law Can Be Harmonized To Bring Them Back In, Ryan Bolger
Brooklyn Journal of Corporate, Financial & Commercial Law
Consumer Reporting Agencies (CRAs) are the gatekeepers to the American economy. As the chief informants for prospective lenders, landlords, and employers, they exert immense power over the day-to-day decisions of who gets what. Despite these high stakes, the CRAs run consumer reporting as an automated electronic process that causes a lot of reporting errors, disqualifying consumers from essential goods, services, and opportunities. This is painfully true in the context of identity theft, where perverse incentives pollute the integrity of consumer reporting, piling undue harm onto identity theft victims. The law provides a remedy for this problem, but circuit courts are …