Tax Law Commons^™

Taxation - Federal Income Tax - Discharge Of Legal Obligation By Creation Of Trust For Alimony As Basis For Taxation Of Settlor

Michigan Law Review

A trust estate was created by a husband in accordance with a divorce decree, the income therefrom being paid to the wife in lieu of alimony. Provision was made for reversion of the estate on death of the wife and for payment of surplus income to the husband during the duration of the trust. Held, that the benefit arising from the discharge of a legal obligation constituted sufficient basis for trucing the trust income to the settlor. Willcuts v. Douglas, (C. C. A. 8th, 1934) 73 F. (2d) 130.

Taxation-Constitutional Limitations On Sales Taxes

Michigan Law Review

There are twenty-three states having general sales tax statutes today. For the most part these statutes have been prompted by the recent economic depression as emergency measures. Most of them are license or privilege taxes, and are of two classes: those of the first type are sales taxes in name only, and consist of taxes upon the privilege of engaging in various occupations, of which selling personal property is but one; those of the second type are taxes solely upon the privilege of selling personal property at retail. Such taxes have met with considerable opposition in the form of litigation, …

Early Correspondence National Tax Association, November 1935 To August 1941, Roger J. Traynor

Taxation & Traynor

No abstract provided.

The Coordination And Integration Of Federal, State, And Local Tax Systems, James K. Hall

Washington Law Review

Of the fiscal problems pressing for immediate solution, few are as important economically and socially as the problem of establishing proper working relationships between and among the fiscal systems of the federal, state, and local governments. Today, as in the past, there is a conspicuous lack of coordination and integration among these several revenue systems. Only in recent years has any considerable emphasis been placed on the importance and necessity of visualizing our fiscal problems in perspective—of viewing the problems and issues of local, of state, or of federal finance as integral parts of a related whole. Pragmatic exigencies often …

The Coordination And Integration Of Federal, State, And Local Tax Systems, James K. Hall

Washington Law Review

Of the fiscal problems pressing for immediate solution, few are as important economically and socially as the problem of establishing proper working relationships between and among the fiscal systems of the federal, state, and local governments. Today, as in the past, there is a conspicuous lack of coordination and integration among these several revenue systems. Only in recent years has any considerable emphasis been placed on the importance and necessity of visualizing our fiscal problems in perspective—of viewing the problems and issues of local, of state, or of federal finance as integral parts of a related whole. Pragmatic exigencies often …

The Time For Taking Deductions For Losses And Bad Debts For Income Tax Purposes, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.

Administrative Law-Judicial Review-Federal Equity "Powers

Michigan Law Review

Plaintiff's testator, a resident of New York, died there and at the time of his death owned certain oil paintings on temporary loan to an Art Museum in Pennsylvania, on which the State of Pennsylvania levied an inheritance tax. Plaintiff, executor under a will disposing of the pictures, filed a bill in the Federal District Court for Eastern Pennsylvania to enjoin the defendants, tax officials of Pennsylvania, from attempting to impose or collect the inheritance tax. The bill alleged diversity of citizenship and the requisite jurisdictional amount, and further that the imposition of the tax violated the Fourteenth Amendment, depriving …

Final Determination Of Domicil In The United States, Fowler V. Harper

Indiana Law Journal

Reprinted from Pennsylvania Bar Quarterly, April, 1934

Taxation--Future Interests--Presumption Of Capacity To Bear Children, Robert W. Burke

West Virginia Law Review

No abstract provided.

Taxation-Tax On Rolling Stock-Situs Of Personal Property Employed In Interstate Commerce

Michigan Law Review

An Illinois corporation owned a fleet of tank cars which were used to carry oil from the corporation's Oklahoma refinery to other States. The State of Oklahoma sought to impose a tax upon the entire fleet, although the cars were outside of Oklahoma at least twenty days each month. Held, Oklahoma had only the jurisdiction to tax the average number of tank cars habitually employed within the State. Johnson Oil Refining Co. v. Oklahoma, 290 U.S. 158, 54 Sup. Ct. 152 (1933).

Taxation--Constitutional Law--Due Process Of Law As Prescribing Maximum Limits For Direct Property Taxes, Charles W. Caldwell

West Virginia Law Review

No abstract provided.

Municipal Corporations - Power To License - Discretionary Power In Administrative Officers

Michigan Law Review

The City Council of Philadelphia enacted an ordinance requiring as many officers or firemen as the Director of Public Safety should deem necessary to be present at all athletic contests for profit, and further provided that the officers or firemen so stationed should be compensated at the rate of $5.50 per day by those persons requiring or demanding such service. The plaintiff brought this suit in equity to declare invalid and restrain the enforcement of the ordinance. The lower court held that the ordinance was invalid, but the supreme court reversed this decision and held that this was a valid …

The Theory And Practice Of Modern Taxation, By William R. Green, Robert C. Brown

Indiana Law Journal

No abstract provided.

Stockholders' Liability To The State For Tax On Bank Shares, Lafon Allen

Kentucky Law Journal

No abstract provided.

Taxation-Computation Of Capital Gains

Michigan Law Review

In 1915 petitioner and husband purchased property by the entirety for $13,000. Petitioner contributed 12 per cent of the purchase price and her husband the remaining 88 per cent. In 1924 the husband died, the property at that time having a market value of $40,000. In 1925 petitioner sold the property for this sum. Petitioner, in her income tax return for that year, computed the taxable profit by using the market value of the property at the time of her husband's death with respect to the 88 per cent representing the contribution of the husband to the purchase price. Held …

State Taxation Of Interstate Motor Carriers, Paul G. Kauper

Michigan Law Review

Though the Supreme Court has never had occasion to express its views as to the gasoline tax in its relation to interstate motor carriers (see first instalment of this article), it has been confronted with a series of cases involving automobile registration taxes. Every State today imposes such taxes. A brief discussion of the theory and nature of such taxes will aid in understanding their legal consequences.

Taxation -Income From Irrevocable Funded Insurance Trusts - Constitutionality Of Statute

Michigan Law Review

The settlor created irrevocable trusts to pay premiums on policies of insurance issued on his life in favor of irrevocably-named beneficiaries. Held, that sec. 219 (h), Rev. Acts 1924, 1926, making income from trusts taxable to the settlor, is constitutional. Burnet v. Wells, (U. S. 1933) 53 Sup. Ct. 7.61.1

Recent Changes In The Bank And Corporation Franchise Tax Act, Roger J. Traynor, Frank M. Keesling

Taxation & Traynor

No abstract provided.

Tax Exemption Of Property Devoted To Out-Of-State Charity, Wesley R. Tinker Jr.

West Virginia Law Review

No abstract provided.

Constitutional Law--Discrimination In Assessment For Taxation As Denial Of Equal Protection Of The Laws, Charles H. Haden

West Virginia Law Review

No abstract provided.

Taxation--Revocable Trust In Income Tax Evasion, Frederick H. Barnett

West Virginia Law Review

No abstract provided.

Taxation-Inheritance Tax, Intangible Property-Due Process Of Law

Indiana Law Journal

No abstract provided.

The Supreme Court Of Indiana And Federal Taxation Of State Instrumentalities, Alden L. Powell

Indiana Law Journal

No abstract provided.

Taxation - Priority Of Realty Taxes In Receivership

Michigan Law Review

The question of the priority of realty taxes has seldom arisen in receiverships, for the statutes in practically every jurisdiction have made the tax a lien on the land. The statutes are so worded that the tax lien takes precedence over mortgages, labor liens, and all other forms of encumbrances and claims. In times of greatly depleted land values it may happen that the unpaid taxes amount to more than the market value of the property. In such a case is the State to be treated as a general creditor for the amount of the deficiency or is it to …

Constitutional Law-Federal Instrumentality- Mcculloch V. Maryland In Canada And Australia, Alden L. Powell

Michigan Law Review

The British North America Act of 1867 expressly exempts from taxation certain governmental instrumentalities. Section 125 of that Act provides that "no Lands or Property belonging to Canada or any Province shall be liable to taxation." This restriction applies to both Dominion and Provincial governments. W. H. P. Clement writes that this provision was a precautionary measure "to prevent the Dominion from levying taxes for federal purposes upon property held by the Crown for provincial purposes, and vice versa. It would operate no doubt to exempt from custom's duties goods purchased abroad by a provincial government. . . . " …

Minimizing Federal Income Taxes Upon The Sale Of Corporate Assets, Jackson D. Altizer

West Virginia Law Review

No abstract provided.

Constitutional Law--Tax-Exemption Of Realty Purchase With War Insurance Payments, Jack C. Burdett

West Virginia Law Review

No abstract provided.

Proposed Amendment To Section 32, Roger J. Traynor

Taxation & Traynor

No abstract provided.

Analysis Of The Bank And Corporation Franchise Tax Act, Part One Of Two, Roger J. Traynor, Frank M. Keesling

Taxation & Traynor

Contents:

History of State Taxation of Banks and Corporations

Property Tax Offset

Adjustment of Bank Tax Rate

Validity of Proposed Bank Tax

Adjustment of Tax for Fiscal Year Corporations

Massachusetts or Business Trusts

Corporations Taxable Under Act

Exclusions from Gross Income

Deductions From Gross Income

Change of Accounting Period

Commencing Corporations, Corporate Reorganizations, Dissolutions,Withdrawals, Cessation of Business

Consolidated Returns

Basis for Determining Gain or Loss

Basis Where Entire Gain or Loss not Recognized

Installment Payments

Deficiency Assessments

Computation of Offsets

Refunds

Lien of Tax

Recovery of Overpayments

Analysis Of The Bank And Corporation Franchise Tax Act, Part Two Of Two, Roger J. Traynor, Frank M. Keesling

Taxation & Traynor

Contents:

The Real Estate Tax Offset is Probably Invalid and Should be Abolished

The Personal Property Tax Offset Should be Abolished

The Present Definition of “Doing Business” is Unsatisfactory

Are Holding Companies Taxable Under the Act?

Are Holding Companies Business Corporations?

Are Nonprofit Corporations Taxable Under the Act?

Stock Dividends; Subscription Rights

Why Discriminate Against Oil Wells?

Corporations Whose First Taxable Year is a Period of Less Than Twelve Months Not Properly Provided For

Consolidated Returns Provision Ambiguous and Probably Invalid

Consolidated Returns Provision Probably Invalid as Applied to National Banks

Section 19

Section 21

Franchise Tax Commissioner Is Without …