Taxation-Federal Estate and Gift Commons^™

A Georgist Perspective Of Petroleum Taxation, Joseph Leeson

Indiana Journal of Global Legal Studies

Over a century ago, the town of Arden, Delaware, was founded on a unique single-tax-community system that radically altered the popular concept of land ownership. This system was premised on concepts developed by a man few know today but who was a major figure in economics during the 1800s, Henry George. George's public finance theory has been described as having received "intermittent attention over the years, with many eminent names in economics making at least a passing comment, but it has seen comparably little action in the policy debate arena and has been largely ignored by the modern era of …

Afterlife Of The Death Tax, Samuel D. Brunson

Indiana Law Journal

More than a century ago, Congress enacted the modern estate tax to help pay for World War I. Unlike previous iterations of the estate tax, though, this one outlived the war and accumulated additional goals beyond merely raising revenue. The estate tax helped ensure the progressivity of the tax system as a whole, and it limited the hereditary ability to accumulate wealth.

This modern estate tax almost instantly met with opposition, though. The opposition has never been sufficient to entirely eliminate the estate tax, but it has severely weakened its ability to raise revenue and to prevent the accumulation of …

Saving The Farm Or Giving Away The Farm: A Critical Analysis Of The Capital Gains Tax Preferences, Phyllis C. Taite

San Diego Law Review

This Article addresses some of the inequities and offers a multi-faceted proposal to raise revenue and incentivize preferences for a more balanced approached to tax policy. First, I advance a proposal that offers solutions to shift certain aspects of the capital gains tax preferences toward the middle and lower class. To balance the costs, I then propose an option to phase out or eliminate other preferences that primarily benefit the wealthiest taxpayers. This balanced approach will allow the government to raise revenue and change the capital gains tax preferences from a rewards to an incentive-based system. Part II of this …

Lack Of Marketability And Minority Discounts In Valuing Close Corporation Stock: Elusiveness And Judicial Synchrony In Pursuit Of Equitable Consensus, Stephen J. Leacock

Faculty Scholarship

No abstract provided.

Koons: Interest Deduction And Flp Valuation Practice Pointers, Wendy G. Gerzog

All Faculty Scholarship

The Tax Court's Koons decision explains the rules for allowing an estate to deduct interest payments, and it details how the court arrived at a determination of the value of a family limited liability company interest.

Who Killed The Rule Against Perpetuities?, Grayson M.P. Mccouch

UF Law Faculty Publications

This article examines the relationship between the federal wealth transfer taxes and the rule against perpetuities. The decline of the RAP is often attributed primarily to the GST tax amendments enacted in 1986. However, while perpetual trusts were available long before 1986, their estate tax avoidance possibilities were not widely used. Even after 1986, simple repeal of the RAP leaves perpetual trusts exposed to potential estate taxation. In addition, settlors should consider non-tax considerations in assessing the attractions of perpetual trusts.

The Case For The Retention Of The State Death Tax Credit In The Federal Transfer Tax Scheme: "Just Say No" To A Deduction, John M. Janiga, Louis S. Harrison

Pepperdine Law Review

No abstract provided.

Crummey Trusts: An Exploitation Of The Annual Exclusion, Dora Arash

Pepperdine Law Review

No abstract provided.

The Politics And Policy Of The Estate Tax – Past, Present, And Future, Michael J. Graetz

Faculty Scholarship

This paper is an edited transcript of the Lloyd Leva Plaine Distinguished Lecture, delivered at the University of Miami’s Heckerling Estate Planning Institute on January 11, 2011. It reviews the history of the estate tax, discusses the politics of its bizarre repeal for the year 2010 only, and outlines the forces that led to reinstatement of the tax for 2011 and 2012 with a $5 million exemption and 35 percent top rate. The paper makes clear that the coalition pushing for repeal of the estate tax will continue to work to eliminate it and also explores potential broader implications of …

The Death Of The Income Tax (Or, The Rise Of America’S Universal Wage Tax), Edward J. Mccaffery

Indiana Law Journal

The killing of the income tax has not been open and notorious: such is not the style of contemporary politics. As with other markers of progressive social policy—the promises of universal health care, Obamacare, come to mind6—the income tax is dying a death by stealth, albeit stealth played out in plain view. The plot lines of the tragedy are apparent. The individual “income” tax has been split in two. One tax, for the masses, is a simple, increasingly formless wage tax. This wage/income tax adds higher brackets onto the payroll tax, the model toward which the wage/income tax aims, to …

Estate Tax - Estate Of D'Ambrosio V. Commissioner: Reinterpretation Of Internal Revenue Code Section 2036(A) Nets Estate $330,000 In Tax Savings, Scott B. Connolly

Villanova Law Review (1956 - )

No abstract provided.

Estate Tax--Payment Of Premiums On A Transferred Life Insurance Policy In Contemplation Of Death, E. Lee Schlaegel Jr.

West Virginia Law Review

No abstract provided.

Estate Tax--Ascertainable Standard Exception To General Power Of Appointment Inclusion, Thomas Mckendree Chattin Jr., F. Richard Hall, John Woodville Hatcher Jr.

West Virginia Law Review

No abstract provided.

Estate Tax--The Relevancy Of State Court Adjudication Of Property Rights, Patrick David Deem

West Virginia Law Review

No abstract provided.

Estate Tax--The Marital Deduction And Power Of Appointment, Edward` Garfield Atkins

West Virginia Law Review

No abstract provided.

Stock Redemptions, Merle H. Miller

Indiana Law Journal

No abstract provided.

Constitutional Law--Double Inheritance Taxation--Interpleader By Interested State, J. P. R.

West Virginia Law Review

No abstract provided.

Taxation-Estate Tax-Gift In Contemplation Of Death

Indiana Law Journal

No abstract provided.