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Full-Text Articles in Taxation-Federal Estate and Gift

Death By Deduction: Section 2058 And The Decline Of State Death Taxes, Jeffrey A. Cooper Mar 2023

Death By Deduction: Section 2058 And The Decline Of State Death Taxes, Jeffrey A. Cooper

ACTEC Law Journal

This article illustrates how, and seeks to explain why, the deduction for state estate taxes (Internal Revenue Code Section 2058) seems to have had no meaningful effect on state tax policy.


Leaping Before We Look?: Repeal Of The State Estate Tax Credit And The Consequences For States, Americans, And The Federal Government, Susan K. Hill Mar 2012

Leaping Before We Look?: Repeal Of The State Estate Tax Credit And The Consequences For States, Americans, And The Federal Government, Susan K. Hill

Pepperdine Law Review

No abstract provided.


Looking To The Past In Planning For The Future: Does The Modern Estate Tax Fit Within The Ideals Of The Founding Fathers?, Alicia Lerud Jan 2006

Looking To The Past In Planning For The Future: Does The Modern Estate Tax Fit Within The Ideals Of The Founding Fathers?, Alicia Lerud

Nevada Law Journal

No abstract provided.


Death Without Taxes?, Karen C. Burke, Grayson M.P. Mccouch Apr 2001

Death Without Taxes?, Karen C. Burke, Grayson M.P. Mccouch

UF Law Faculty Publications

In recent years the role of the estate, gift and generation-skipping transfer taxes within the federal tax system has become increasingly controversial. The future of the transfer taxes remains unsettled, despite recently enacted legislation that moves in the direction of repeal with a delayed effective date. This paper looks at transfer tax repeal in terms of its repercussions on the rest of the tax system, with special emphasis on the income tax treatment of property transferred by gift or bequest. Repeal of the transfer taxes would reduce the progressivity of the overall tax system, exacerbate existing inequities with respect to …


Federal Transfer Taxes: The Possibility Of Repeal And The Post Repeal World , Joel C. Dobris Jan 2000

Federal Transfer Taxes: The Possibility Of Repeal And The Post Repeal World , Joel C. Dobris

Cleveland State Law Review

I do want to focus you on what I now see as the crucial social policy behind transfer taxes in America. And, today I would say, that the death tax, if amended, can vindicate that crucial policy. Rightly or wrongly, I think we do not focus on the key purpose of death taxation in this country. I believe knowing the "secret" makes it easier to explain why the environment is so pro-repeal and it makes it easier for me to prescribe for the future. For better or worse, I believe the crucial purpose of the tax is to assert the …


Introduction, Douglas A. Kahn Jan 1982

Introduction, Douglas A. Kahn

Articles

While the estate and gift tax area has by no means been ignored in the legal literature, it has not been one of the more popular subjects. For that reason, a symposium on transfer taxation would be welcome at any time, but this is an especially propitious moment for one to appear.


Elections And Discretions Under The Code: The Executor's Dilemma, Byron E. Bronston Jan 1957

Elections And Discretions Under The Code: The Executor's Dilemma, Byron E. Bronston

Articles by Maurer Faculty

No abstract provided.


Tax Problems Involved In Administration, Byron E. Bronston Jan 1951

Tax Problems Involved In Administration, Byron E. Bronston

Articles by Maurer Faculty

No abstract provided.


An Objective Test Of Transfers In Contemplation Of Death, Ivan C. Rutledge, Charles L.B. Lowndes Jan 1946

An Objective Test Of Transfers In Contemplation Of Death, Ivan C. Rutledge, Charles L.B. Lowndes

Articles by Maurer Faculty

No abstract provided.


Taxation -Taxability Of Insurance Policies Under The Federal Estate Tax Where Possibility Of Reverter To Insured, Felicia I. Hmiel Jun 1941

Taxation -Taxability Of Insurance Policies Under The Federal Estate Tax Where Possibility Of Reverter To Insured, Felicia I. Hmiel

Michigan Law Review

In 1920 decedent purchased a fifty-thousand-dollar life insurance policy, making his wife beneficiary and providing that if she predeceased him the proceeds should be payable to the executors of his estate. No power to revoke the policy or to change the beneficiary was expressly retained. The decedent predeceased the beneficiary and, in the assessment of the federal estate tax, the proceeds were included as part of his gross estate. The tax was paid, and plaintiff executor brought suit to recover an alleged overpayment of the estate tax because of the inclusion in the gross estate of the proceeds of the …


Federal Estate And Gift Tax: Concept Of A Transfer, Henry J. Merry May 1940

Federal Estate And Gift Tax: Concept Of A Transfer, Henry J. Merry

Michigan Law Review

The first of the "modern" federal death tax laws, enacted in 1916 "imposed upon the transfer of the net estate of every decedent" a tax measured essentially by the net value of certain property interests at the time of his death. The tax was upheld as an indirect tax or excise upon the privilege of transmitting property at death and its fundamental nature has never been changed. There has been, however, an almost continuous controversy as to the property interests which may and should be included in the basic measure of the tax-the gross estate--and the present law embodies numerous …