Tax Law Commons^™

Corporate Tax Policy For The Twenty-First Century: Integration And Redeeming Social Value , Glenn E. Coven

Washington and Lee Law Review

No abstract provided.

The Future Of Partnership Taxation, Edward J. Schnee

Washington and Lee Law Review

No abstract provided.

Insurance Tax Policy And Health Care Reform: Back To The Future , Curt W. Fochtmann, Frank E. Plan, Thomas J. Minor

Washington and Lee Law Review

No abstract provided.

Law And Order Comes To "Dodge City": Treasury's New Return Preparer And Irs Practice Standards, Gwen Thayer Handelman

Washington and Lee Law Review

No abstract provided.

Presidential Politics And Deficit Reduction: The Landscape Of Tax Policy In The 1980s And 1990s , Bernard M. Shapiro

Washington and Lee Law Review

No abstract provided.

Third Party Assignment, Statutes Of Limitation, And The Tax Refund Offset Program: Breathe A Little Easier Student Deadbeats, The Fifth Circuit Is On Your Side, Michael S. Smith

Vanderbilt Law Review

The economic downturn of the early 1990s has brought with it a dramatic increase in the number of defaults on student loans.' Legislators have thrashed about trying to plug the collection leaks with a myriad of legislative proposals. Despite this congressional movement, the United States Court of Appeals for the Fifth Circuit recently removed another rock from the dike of federal regulations that prevents the student loan program from completely drowning in unpaid debt. In Grider v. Cavazos, the Fifth Circuit held that Department of the Treasury (Treasury Department) regulations prohibit the Internal Revenue Service (IRS) from offsetting a delinquent …

Common Misconceptions: The Function And Framework Of "Trade Or Business Within The United States", Nancy H. Kaufman

Vanderbilt Journal of Transnational Law

In this Article, Professor Kaufman examines the administrative and jurisdictional functions of the Internal Revenue Code's term "trade or business within the United States" in the taxation of foreign persons' income and the existing framework established for the term's interpretation. The author contends that the courts, by relying on two common misconceptions of the term, have made the term's application unpredictable. The author further believes that defining the term according to its functions would serve United States tax policy and economic interests. This definition would focus primarily on facts indicating an ongoing commitment to participation the United States economy. The …

Navigating The Minefields Of Russian Joint Venture Law And Tax Regulations: A Procedural Compass, Christopher Osakwe

Vanderbilt Journal of Transnational Law

In this Article, Professor Osakwe explores the precarious field of Russian joint venture law and tax regulation. The author gives detailed accounts of the major laws, discusses their evolution, and projects their future course. Additionally, the author notes the continuing influence of USSR law on current Russian joint venture practice. Throughout his analysis, the author provides specific and pragmatic advice for businesses and entrepreneurs considering joint ventures in Russia.

The Indivisible Tax Gift, Alan L. Feld

Faculty Scholarship

In Greene v. United States, the District Court for the Southern District of New York recently rewarded (with an income tax refund) the taxpayers' ingenuity in designing a charitable gift. The court did so, however, without discussion of a central issue in the case. Had it considered the nature of the gift more carefully, it might have denied or modified the claimed deduction.

Employment Taxes: What Can The Small Businessman Do?, Kirsten Harrington

Akron Tax Journal

This article focuses on two of the employment taxes, FICA and FUTA. Part I surveys the payroll tax regime and the consequences of running afoul of it. Part II considers the recent history of dividend recharacterizations in the S corporation shareholder-employee context. Part III considers what would be "reasonable (minimum) compensation" for a shareholder-employee in an S corporation. Finally, Part IV takes up current, lively developments in the perennial debate between the Service and small business over independent contractor status.

The Merger Puzzle, John A. Miller

Articles

No abstract provided.

The Innocent Spouse Relief: A Reconciliation Of Conflicting Judicial Interpretations, Donald C. Haley

Akron Tax Journal

This paper reviews the statutory requirements for obtaining the innocent spouse relief, briefly identifies the degree of consensus among the courts in interpreting key provisions of the statute, and then focuses on the major area of conflict in qualifying for relief: the "lack of knowledge" requirement on the part of the alleged innocent spouse. Particular attention is given to the rigid standard utilized by the Tax Court in its interpretation of this critical requirement versus the broader, more flexible standard employed by the U.S. Courts of Appeal for the Eighth and Ninth Circuits. Finally, an analysis of a workable reconciliation …

Bankruptcy Officials Vs. The Internal Revenue Service: The Beat Goes On, Craig J. Langstraat, K. Dianne Jackson

Akron Tax Journal

This author has previously addressed several areas of conflict between bankruptcy officials; i.e., trustees and judges, and the Internal Revenue Service ("IRS"). Due to continued litigation, both in the U.S. Supreme Court and in certain federal courts of appeal, some of these areas will be reevaluated in this article. In addition, new areas of conflict resulting in litigation in various levels of the federal court system will be discussed. Policy and statutory modifications will be suggested to alleviate the growing costly burden of litigation.

S Corporation Shareholders And Entity-Level Indebtedness: Is A Shareholder Ever Allowed To Deduct Losses Against Entity-Level Indebtedness?, Sumner E. Copple Iii

Akron Tax Journal

The owner of a closely-held business does not generally consider the tax implications when it is necessary to obtain financing for his business. A loan is negotiated and the borrowed funds are put to use by the business. However, in the case of a third-party loan to an S corporation,' different tax consequences may greet taxpayers conducting business as an S corporation, depending on the form of the loan transaction. Business owners adopting the S corporation form of doing business may discover that operating losses of the entity cannot be deducted due to the form of loan transactions between their …

International Tax Issues Of The U.S. Pharmaceutical Industry, Jonathan L. Mezrich

Akron Tax Journal

This article will attempt to illustrate the recent tax issues in the pharmaceutical industry, now the "scapegoat" of the nation's health care problems, which have international effects; it will also defend the necessity of research credits and other tax incentives for this recently revived industry. Finally, it will attempt to evaluate the concerns raised by Gerald Mossinghoff of the PMA in his testimony before Congress.

The Excludability Of Damages For Personal Injury After The Supreme Court's Decision In Burke, Ray A. Knight, Lee G. Knight, Wayne Nix

Akron Tax Journal

The scope of the personal injury exclusion under Internal Revenue Code § 104(a)(2) has been significantly broadened since the mid-1980's as the result of numerous court decisions in the areas of reputation and discrimination injuries. In our increasingly litigious society, more tax cases contesting the excludability of damages recoveries are expected. In United States v. Burke, decided May 26, 1992, the Supreme Court resolved an important issue regarding excludability from federal taxation of damages received in discrimination cases. Unfortunately, the case was decided on narrow grounds, which may only add to, rather than reduce, the conflict among the lower …

Professor T.S. Adams (1873-1933) On Federal Taxation: Deja Vu All Over Again, Thomas Earl Geu

Akron Tax Journal

Professor Thomas Sewell ("T.S.") Adams was instnmental in the development of the income tax and one of income tax's greatest proponents. As a result of his efforts, he left much of the income tax as his legacy. Born on December 29, 1873, he was a Professor of Political Economy at Wisconsin. Washington University in St. Louis, Comell, and Yale.

Beyond being a scholar, however, he was pragmatist and was very aware of the practical significance of an efficient and effective tax system. He recognized that the true laboratory of tax theory was the nation's economy, and he actively engaged in …

Office Of The Auditor General, F. Quevedo

California Regulatory Law Reporter

No abstract provided.

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

Articles

No abstract provided.

Transfer Pricing, Section 482, And International Tax Conflict: Getting Harmonized Income Allocation Measures From Multinational Cacophony, Robert G. Clark

American University Law Review

No abstract provided.

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

Articles

No abstract provided.

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

Articles

No abstract provided.

Taxing Prometheus: How The Corporate Interest Deduction Discourages Innovation And Risk-Taking, Michael S. Knoll

Villanova Law Review (1956 - )

No abstract provided.

Sheltering Social Policy In The Tax Code: The Low-Income Housing Credit, Tracy A. Kaye

Villanova Law Review (1956 - )

No abstract provided.

On Disclaimers: Let's Renounce I.R.C. Section 2518, Joan B. Ellsworth

Villanova Law Review (1956 - )

No abstract provided.

Tax Policy At The Beginning Of The Clinton Administration, Michael J. Graetz

Faculty Scholarship

Ten years ago, in 1983, the Yale Journal on Regulation was started by students at the Yale Law School to foster scholarship and debate on issues of regulatory policy. Today the Journal staff consists of students from Yale University graduate and professional programs in law, management, forestry, and public health. One of the Journal's primary missions was to track the regulatory/deregulatory developments under the Reagan Administration and later the Bush Administration. Since our tenth anniversary coincided with the installment of a Democratic Administration under President Clinton, we have asked two professors at the Yale Law School to submit an essay …

The Federal Courts Of Appeals' Use Of State Court Decisions In Tax Cases: "Proper Regard" Means "No Regard", Paul L. Caron

Oklahoma Law Review

No abstract provided.

Constitutional Law—State Taxation Of Interstate Commerce—Use Taxes On Mail-Order Business With No Physical Presence In The Taxing State. Quill Corp. V. North Dakota., Emily Sneddon

University of Arkansas at Little Rock Law Review

No abstract provided.

Corporate Tax Policy And The Right To Know: Improving State Tax Policymaking By Enhancing The Legislative And Public Access, Richard Pomp

Faculty Articles and Papers

This report examines the need for disclosure of state corporate income tax data in order to facilitate more thoughtful tax policymaking as well as accountability and openness in government. While disclosure of federal income tax data has been resolved by the SEC’s required disclosures of public corporations, the only states that have laws mandating disclosure of information relating to their state’s income tax are Arkansas, West Virginia, and Massachusetts.

Firm-specific disclosure of corporate tax information at the state level is necessary for informed tax policy, essential to public understanding of corporate tax reform issues, and will complement SEC mandated disclosures. …