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Articles 391 - 420 of 434

Full-Text Articles in Tax Law

Tax Policy V. Revenue Policy: Qualified Plans, Tax Expenditures, And The Flat, Plan Level Tax, Edward A. Zelinsky Jan 1994

Tax Policy V. Revenue Policy: Qualified Plans, Tax Expenditures, And The Flat, Plan Level Tax, Edward A. Zelinsky

Articles

No abstract provided.


The Merger Puzzle, John A. Miller Jan 1993

The Merger Puzzle, John A. Miller

Articles

No abstract provided.


Liars Should Have Good Memories: Legal Fictions And The Tax Code, John A. Miller Jan 1993

Liars Should Have Good Memories: Legal Fictions And The Tax Code, John A. Miller

Articles

No abstract provided.


Indeterminacy, Complexity, And Fairness: Justifying Rule Simplification In The Law Of Taxation, John A. Miller Jan 1993

Indeterminacy, Complexity, And Fairness: Justifying Rule Simplification In The Law Of Taxation, John A. Miller

Articles

No abstract provided.


Rationalizing Injustice: The Supreme Court And The Property Tax, John A. Miller Jan 1993

Rationalizing Injustice: The Supreme Court And The Property Tax, John A. Miller

Articles

No abstract provided.


Reform Of The Taxation Of Mergers, Acquisitions, And Lbos, John A. Miller Jan 1993

Reform Of The Taxation Of Mergers, Acquisitions, And Lbos, John A. Miller

Articles

No abstract provided.


Section 902 Is Too Generous, George Mundstock Jan 1993

Section 902 Is Too Generous, George Mundstock

Articles

No abstract provided.


Compensatory And Punitive Damages For A Personal Injury: To Tax Or Not To Tax, Douglas A. Kahn Jan 1992

Compensatory And Punitive Damages For A Personal Injury: To Tax Or Not To Tax, Douglas A. Kahn

Articles

Since the adoption in 1919 of the Revenue Act of 1918, damages received on account of personal injuries or sickness have been excluded by statute from gross income.1 This exclusion, which does not apply to reimbursements for medical expenses for which the taxpayer was previously allowed a tax deduction,2 is presently set forth in section 104(a)(2). One might expect that a provision having recently attained the ripe age of 75 years without change in its basic language would have a settled meaning. However, recent litigation under section 104(a)(2) bristles with unsettled issues. Does the exclusion apply to punitive damages? To …


Taxation Of Business Rent, George Mundstock Jan 1992

Taxation Of Business Rent, George Mundstock

Articles

No abstract provided.


Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky Oct 1991

Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky

Articles

No abstract provided.


Community Income, Federal Income Taxation And Divorce, John A. Miller Jan 1991

Community Income, Federal Income Taxation And Divorce, John A. Miller

Articles

No abstract provided.


Lost On A One-Way Street: The Taxpayer's Ability To Disavow Form, William S. Blatt Jan 1991

Lost On A One-Way Street: The Taxpayer's Ability To Disavow Form, William S. Blatt

Articles

No abstract provided.


Greenmail, Golden Parachutes And The Internal Revenue Code: A Tax Policy Critique Of Sections 280g, 4999 And 5881, Edward A. Zelinsky Feb 1990

Greenmail, Golden Parachutes And The Internal Revenue Code: A Tax Policy Critique Of Sections 280g, 4999 And 5881, Edward A. Zelinsky

Articles

No abstract provided.


The Two Faces Of Tax Neutrality: Do They Interact Or Are They Mutually Exclusive?, Douglas A. Kahn Jan 1990

The Two Faces Of Tax Neutrality: Do They Interact Or Are They Mutually Exclusive?, Douglas A. Kahn

Articles

The term "tax neutrality" refers to at least two quite different concepts. In its most common usage, tax neutrality refers to tax provisions that conform to an ideal tax system. A tax provision that is consistent with such an ideal system is described as "neutral." A tax provision that cannot be reconciled with the ideal system is sometimes referred to as a "tax expenditure" item. I will discuss tax expenditures later in this paper.


The Direct Investment Tax Initiatives Of The European Community: A View From The United States, Stanley I. Langbein, David H. Rosenbloom Jan 1990

The Direct Investment Tax Initiatives Of The European Community: A View From The United States, Stanley I. Langbein, David H. Rosenbloom

Articles

No abstract provided.


The Latest Turn Of The Screw In Estate Planning: The Legislative Attack On Disproportionate Transfers, John A. Miller Jan 1989

The Latest Turn Of The Screw In Estate Planning: The Legislative Attack On Disproportionate Transfers, John A. Miller

Articles

No abstract provided.


State Administration Of A National Sales Tax: A New Opportunity For Cooperative Federalism, John A. Miller Jan 1989

State Administration Of A National Sales Tax: A New Opportunity For Cooperative Federalism, John A. Miller

Articles

No abstract provided.


Taxation And U.S. Multinational Investment, James R. Hines Jr. Jan 1988

Taxation And U.S. Multinational Investment, James R. Hines Jr.

Articles

In 1985, nonbank U.S. multinational companies employed 24.5 million workers, had worldwide sales of almost $3.5 trillion, and net income of $150 billion on assets of $4.2 trillion. The foreign (non-U.S.) affiliates of these companies had 6.4 million employees, $900 billion of those sales, and $43 billion of net income, with assets of $838 billion. United States multinationals accounted for roughly three-quarters of total American merchandise exports in 1985 and half of total imports, with approximately 40 percent of each category arising from transfers within U.S. multinationals between American parent firms and their own foreign affiliates. And 1985 is widely …


Should General Utilities Be Reinstated To Provide Partial Integration Of Corporate And Personal Income—Is Half A Loaf Better Than None?, Douglas A. Kahn Jan 1988

Should General Utilities Be Reinstated To Provide Partial Integration Of Corporate And Personal Income—Is Half A Loaf Better Than None?, Douglas A. Kahn

Articles

The General Utilities doctrine is the name given to the now largely defunct tax rule that a corporation does not recognize a gain or a loss on making a liquidating or nonliquidating distribution of an appreciated or depreciated asset to its shareholders. The roots of the doctrine, can be traced to a regulation promulgated in 1919 that denied realization of gain or loss to a corporation when making a liquidating distribution of an asset in kind. No regulatory provision existed which specified the extent to which realization would or would not be triggered by a nonliquidating distribution such as a …


The Tax Treatment Of Qualified Plans: A Classic Defense Of The Status Quo, Edward A. Zelinsky Jan 1988

The Tax Treatment Of Qualified Plans: A Classic Defense Of The Status Quo, Edward A. Zelinsky

Articles

The current tax treatment of qualified pension and profit sharing plans has been criticized by commentators as an unfair and expensive tax expenditure. In this Article, Professor Zelinsky challenges this characterization and defends the current treatment of qualified plans on the ground that it is at least as attractive as its alternatives and superior to many of them. After evaluating the current treatment and the alternatives under the criteria of measurability, administrability, liquidity, equity, and simplicity, Professor Zelinsky concludes that the present treatment of qualified plans can be viewed as an acceptable part of a normative income tax.


The Low-Income Housing Tax Credit: A Poor Solution To The Housing Crisis, Janet Stearns Jan 1988

The Low-Income Housing Tax Credit: A Poor Solution To The Housing Crisis, Janet Stearns

Articles

No abstract provided.


The Tax Reform Act Of 1986: A Response To Professor Yorio And His Vision Of The Future Of The Internal Revenue Code, Edward A. Zelinsky May 1987

The Tax Reform Act Of 1986: A Response To Professor Yorio And His Vision Of The Future Of The Internal Revenue Code, Edward A. Zelinsky

Articles

No abstract provided.


The Deductibility Of State And Local Taxes: Income Measurement, Tax Expenditures And Partial, Functional Deductibility, Edward A. Zelinsky Apr 1987

The Deductibility Of State And Local Taxes: Income Measurement, Tax Expenditures And Partial, Functional Deductibility, Edward A. Zelinsky

Articles

No abstract provided.


Taxation Of Business Intangible Capital, George Mundstock Jan 1987

Taxation Of Business Intangible Capital, George Mundstock

Articles

No abstract provided.


Efficiency And Income Taxes: The Rehabilitation Of Tax Incentives, Edward A. Zelinsky Feb 1986

Efficiency And Income Taxes: The Rehabilitation Of Tax Incentives, Edward A. Zelinsky

Articles

This Article explores two prominent issues in current legal literature: the propriety of tax incentives in the federal income tax and the use of economic analysis to examine questions of concern to academic lawyers. One premise of this Article is that there is a connection between these two topics.


The Federal Circuit's 1985 Tax Cases: The Exercise Of Equity, William S. Blatt Jan 1986

The Federal Circuit's 1985 Tax Cases: The Exercise Of Equity, William S. Blatt

Articles

No abstract provided.


The Supreme Court's Misconstruction Of A Procedural Statute-A Critique Of The Court's Decision In Badaracco, Douglas A. Kahn Jan 1985

The Supreme Court's Misconstruction Of A Procedural Statute-A Critique Of The Court's Decision In Badaracco, Douglas A. Kahn

Articles

When a taxpayer files an honest' federal income tax return for a taxable year, section 6501(a) of the Internal Revenue Code2 limits the period of time during which the Government can assess a tax for that year to a three-year period commencing with the date that the return was filed. The three-year limitations period is extended for an additional three years by section 6501(e)(1)(A) if the taxpayer's return omits properly includible gross income in an amount in excess of twenty-five percent of the gross income that was reported. If a taxpayer fails to file a return for a taxable year …


Disparate Tax Treatment Of Different Types Of Business Organizations: Where Should We Go From Here?, Douglas A. Kahn Jan 1985

Disparate Tax Treatment Of Different Types Of Business Organizations: Where Should We Go From Here?, Douglas A. Kahn

Articles

If several persons wish to join together in a common enterprise in order to pool their capital or labor or some of each, they may choose among a variety of available organizational structures that will serve that purpose. The most common entity forms are partnerships (including joint ventures), corporations, and trusts. While, in its typical structure, each of those entity forms has its own distinct characteristics, the structure of such organizations often is modified by agreement so as to adopt attributes of another type of entity. Because of this, the substantive distinction between entity types is blurred.


Tax Reform During President Reagan’S First Four Years: A Selective Bibliography, Michael G. Chiorazzi Jan 1985

Tax Reform During President Reagan’S First Four Years: A Selective Bibliography, Michael G. Chiorazzi

Articles

No abstract provided.


Comments On 'Tax Neutrality Between Equity Capital And Debt', Douglas A. Kahn Jan 1984

Comments On 'Tax Neutrality Between Equity Capital And Debt', Douglas A. Kahn

Articles

Professor Andrews' proposals are aimed at eliminating a tax bias that affects a corporation's choice of a method of raising additional capital. Professor Andrews believes that the current tax system favors a corporation which raises capital internally by accumulating its income (or by borrowing) rather than by issuing stock. Professor Andrews seeks a neutral system that permits the choice of the manner in which capital is raised to be made on economic grounds without influence of the tax laws.