Tax Law Commons^™

Commerce Clause Restraints On State Taxation After Jefferson Lines, Walter Hellerstein, Michael J. Mcintyre, Richard D. Pomp

Scholarly Works

The Supreme Court's 1977 decision in Complete Auto Transit, Inc. v. Brady signaled a paradigmatic shift in the Court's approach to state tax adjudication under the dormant Commerce Clause. In Complete Auto, the Court repudiated the formalistic school of interpretation that once had governed Commerce Clause analysis of state taxation because it bore ‘no relationship to economic realities.’ In its place, the Court embraced a decisional framework that ‘considered not the formal language of the tax statute but rather its practical effect.’ In furtherance of this objective, the Court suggested a four-part test to guide the constitutional analysis of state …

Nunn-Domenici And Nonprofits, Alan L. Feld

Faculty Scholarship

Context determines the meaning of legal rules, especially tax rules. The Nunn-Domenici proposal to restructure the U.S. income tax system on consumption tax lines (S. 722, 104th Cong.) will have an impact on nonprofits that provides an illustration of this principle.

Bureau Of State Audits, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.

The Use Of Penalty Clauses In Location Incentive Agreements, Matthew T. Furton

Indiana Law Journal

No abstract provided.

Llcs And Llps: New Developments For Professionals And Businesses, Oregon Law Institute, Donald W. Douglas, Myron J. Fleck, David C. Culpepper, Mark Golding

Oregon Law Institute, 1995

Course Materials from the June 30, 1995 Program in Portland

The Tax Treatment Of Limited Liability Companies: Law In Search Of Policy, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

What Can The Irs Compel Charities To Say To Donors, Alan L. Feld

Faculty Scholarship

The 1993 tax act created new substantiation and reporting requirements for charitable giving. One of the new provisions, section 6115, requires a charity to make specified disclosures to the donor. If the charity receives a "quid pro quo contribution" of more than $75 it must inform the donor that the amount of the charitable contribution excludes the value of goods or services the donor received. The charity must provide a good-faith estimate of the value of the goods or services. If the charity fails to comply, it may incur a penalty, section 6714, of $10 per contribution, but not more …

Deductibility Of Loan Origination Costs, Alan B. Rosenthal

Buffalo Law Review

No abstract provided.

Time Bombs And Pitfalls: Tax Traps And Opportunities That Every Lawyer Should Know, Oregon Law Institute, Joseph W. Schneid, Roy Strowd Jr., Corey Henkelman, Susan T. Burton, Nikki C. Hatton, Neil D. Kimmelfield, Jack C. Walsh, Lewis M. Horowitz

Oregon Law Institute, 1995

Course Materials from the February 17, 1995 Program in Portland

Distributions From Revocable Trusts And Estate Inclusion, Mark A. Segal

Akron Tax Journal

In this article analysis is made of the tax law and issues concerning the estate tax treatment of distributions made from a revocable trust within three years of death.

The Supreme Court And State Restraints On Cpa Business Solicitation, Peter E. Millspaugh

Akron Tax Journal

Over the last two decades, the United States Supreme Court has ruled on a number of questions with a direct bearing on the accounting profession. Extending this legacy, the High Court has once again entered the world of the practicing accountant to examine the Constitutional scope of State Boards of Accountancy to restrict direct, in-person, uninvited business solicitation within the profession. The High Court's findings and decision were delivered recently in the case styled Edenfield v. Fane, which considered a sole practitioner's challenge to solicitation restrictions adopted by the state of Florida. This ruling carries some important implications for …

Choice Of Business Tax Entity After The 1993 Tax Act, Craig J. Langstraat, K. Dianne Jackson

Akron Tax Journal

The first section of this article presents a discussion of the decision itself, as well as a description of each of the most common types of business forms. The second section provides a summary of the tax classification requirements imposed on certain entities by the Internal Revenue Service (IRS). The third and fourth sections examine the non-tax and tax considerations of the choice of entity decision. A chart is also provided which summarizes the non-tax and tax considerations addressed in the article (see Appendix A).

Income Tax Practice And Certified Public Accountants: The Case For A Status Based Exemption From State Unauthorized Practice Of Law Rules, Matthew A. Melone

Akron Tax Journal

The purpose of this article is to examine the application of unauthorized practice of law restrictions to certified public accountants engaged in income tax practice. Prior to my admission to the bar, I had been a practicing certified public accountant and, like many of my colleagues, did not believe that the scope of my profession's services in tax matters was subject to serious dispute. However, exposure to attorneys, particularly those not in tax practice, has led me to conclude that the bar has not come to any universally agreed upon conclusions about the role that certified public accountants may properly …

Bureau Of State Audits, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Fog, Fairness, And The Federal Fisc: Tenancy-By-The-Entireties Interests And The Federal Tax Lien, Steve R. Johnson

Articles by Maurer Faculty

No abstract provided.

China's New Vat System, 28 J. Marshall L. Rev. 619 (1995), Xiangyuan Jiang, Jack Huang

UIC Law Review

No abstract provided.

Intercompany Transfer Pricing Regulations Under Internal Revenue Code Section 482: The Noose Tightens On Multinational Corporations, 28 J. Marshall L. Rev. 915 (1995), Michael Avramovich

UIC Law Review

No abstract provided.

The Earned Income Tax Credit: Thou Goest Wither? A Critique Of Existing Proposals To Reform The Earned Income Tax Credit, Regina T. Jefferson

Scholarly Articles

This article places issues concerning reformation of the EITC in perspective and critiques existing proposals to change the program. This article focuses on proposals advanced by Professors Yin and Forman which range from improving the administration of the existing EITC to completely restructuring the entire program.

Specifically, this article analyzes and responds to their proposals to (1) redesign the Earned Income Tax Credit by creating a system that uses a rebate of employee Social Security payroll taxes in conjunction with a family allowance benefit, and (2) institute an employer credit program as a substitute for the Earned Income Tax Credit. …

Comments On A Revised Filing System, R. Wilson Freyermuth

Faculty Publications

Professor Edward Adams's article, both in terms of its basic structure and the myriad of options it offers, neatly highlights the basic dilemma facing the Drafting Committee as it addresses the future Article 9 filing system. As he correctly notes, the filing system's shortcomings are largely due to its continued dependence on paper records, despite the increasing sophistication and availability of computerized information technology for both filing and searching. Should the Drafting Committee maintain the basics of the current system (a public, paper-based filing system) and merely attempt to identify and correct the existing shortcomings in that system, with some …

The West Virginia Limited Liability Company Act: Time For A Change, Noel P. Brock Cpa

West Virginia Law Review

No abstract provided.

Kentucky Tax Law, Second Edition, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Thomas A. Brown, Timothy C. Kimmel, C. Christopher Muth, Douglas P. Romaine, Mark F. Sommer, Randy L. Treece

Continuing Legal Education Materials

A reference for Kentucky lawyers on real and personal property taxation, Kentucky sales and use taxation, Kentucky individual income taxation, corporate income taxation, and procedures before the Kentucky Board of Tax Appeals.

American Indian Tribes And 401(K) Plans, Erik M. Jensen

Faculty Publications

No abstract provided.

The Separate Tax Status Of Loan-Out Corporations, Mary Lafrance

Scholarly Works

When professionals and other persons who offer their goods and/or services to the public conduct their businesses through corporations, the Treasury has acknowledged that for federal income tax purposes it must treat those corporations as separate and distinct from their controlling shareholder-employees, even where there is only a single shareholder-employee, provided that the corporation has a business purpose and the taxpayer consistently respects the corporate form. However, the Treasury has refused to accord equal dignity to incorporated workers who offer their services not to the public at large but to a single recipient or a small number of recipients. The …

Days Of Our Lives: The Impact Of Section 197 On The Depreciation Of Copyrights, Patents And Related Property, Mary Lafrance

Scholarly Works

For federal income tax purposes, owners of intangible property generally must capitalize the costs of creating or acquiring that property. In the past, the tax rules for recovering these capitalized costs through depreciation deductions varied greatly according to the nature of the intangible. Certain types of acquired intangibles--notably, goodwill and going concern value--were nondepreciable. In contrast, taxpayers purchasing interests in copyrights or patents could depreciate those assets under the straight-line method or, in most cases, could opt for more rapid cost recovery under the income forecast method.

In the Omnibus Budget Reconciliation Act of 1993, Congress greatly enlarged the class …

Retroactive Taxation: United States V. Carlton - The Taxpayer Loses Again!, 16 N. Ill. U. L. Rev. 77 (1995), Ronald Z. Domsky

UIC Law Open Access Faculty Scholarship

No abstract provided.

Taxation Of Damages After Schleier - Where Are We And Where Do We Go From Here?, Douglas A. Kahn

Articles

This article will examine the reasoning of the Schleier decision and speculate as to how taxation of pre-1996 damages will likely apply in light of Schleier. First, the article will set forth a very brief history of the judicial and administrative constructions of the statutory exclusion, and explore tax policy justifications for providing an exclusion from gross income for certain damages. These latter two items (set forth in Parts II and III of this article) are areas that have been extensively addressed previously by several commentators, including the author of this article.' The reason for exploring tax policy issues is …

Welfare Reform, Child Care Costs, And Taxes: Delivering Increased Work-Related Child Care Benefits To Low-Income Families, Mary L. Heen

Law Faculty Publications

This Article focuses specifically on.tax-transfer integration of work-related child care assistance. Part I discusses the current child care assistance available to low-income workers through direct transfer programs and through the income tax system. Part II describes the need for increased child care funding and the failure of current welfare reform proposals to meet that need. Part III examines the theoretical and practical issues that must be addressed before the tax system is used as a mechanism for delivering increased child care assistance. to low-income families. Part IV critiques a proposed funding mechanism that would redirect tax benefits to lower income …

The Irs Plows New Ground In The Tax Treatment Of Land Cleanup Costs, Roy Whitehead, Pam Spikes, Brenda Yelvington

Oklahoma Law Review

No abstract provided.

The Lingering Demise Of Tax Exempt Mutual And Captive Insurance Companies, Darryll K. Jones

Journal Publications

Prior to the enactment of IRC §501(m), the issue of whether a group self-insurance pool was tax exempt generally depended upon an analysis of the "substantial purpose" requirement contained in Treasury Regulation §1.501(c)(3)-1(c)(1) which denies tax exempt status to an entity or organization if "more than an insubstantial part of its activities is not in furtherance of an exempt purpose." In addition, Treas. Reg. §1.501(c)(3)-1(e)(1) allows an entity to operate a trade or business as a substantial part of its activities but only "if the operation of such trade or business is in furtherance of the organization's exempt purpose.... Thus, …

Interpreting Tax Legislation: The Role Of Purpose, Deborah A. Geier

Law Faculty Articles and Essays

This 1995 article uses tax cases to explore various methods of statutory interpretation.