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Taxation-Federal Estate and Gift Commons

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Articles 1111 - 1140 of 1409

Full-Text Articles in Taxation-Federal Estate and Gift

Ii. Testamentary Transfers Sep 1975

Ii. Testamentary Transfers

Washington and Lee Law Review

No abstract provided.


Iii. Annuities Under § 2039 Sep 1975

Iii. Annuities Under § 2039

Washington and Lee Law Review

No abstract provided.


Iv. Powers Of Appointment Under § 2041 Sep 1975

Iv. Powers Of Appointment Under § 2041

Washington and Lee Law Review

No abstract provided.


V. Life Insurance Proceeds Under § 2042 Sep 1975

V. Life Insurance Proceeds Under § 2042

Washington and Lee Law Review

No abstract provided.


Vi. Deductions Sep 1975

Vi. Deductions

Washington and Lee Law Review

No abstract provided.


Vii. Gift Taxation Sep 1975

Vii. Gift Taxation

Washington and Lee Law Review

No abstract provided.


Viii. Tax Procedure Sep 1975

Viii. Tax Procedure

Washington and Lee Law Review

No abstract provided.


Drafting For The Optimum Marital Deduction, J. Rodney Johnson Jul 1975

Drafting For The Optimum Marital Deduction, J. Rodney Johnson

Law Faculty Publications

While the marital deduction provided for by federal estate tax law may not necessarily be the controlling factor in planning the will of a married person, it is certainly one of the most important factors because of the sheer magnitude of this deduction up to 50% of the adjusted gross estate. A direct consequence of this importance is reflected in the fact that the marital deduction has become the most written-about topic in the estate planning area. Most of what has been written about this subject can be divided into the two following categories: ( 1 ) an explanation of …


Recent Cases, Linda A. Bunsey, David M. Thompson, Charles K. Campbell, Jr., Keith B. Simmons, Thomas C. Hundley May 1975

Recent Cases, Linda A. Bunsey, David M. Thompson, Charles K. Campbell, Jr., Keith B. Simmons, Thomas C. Hundley

Vanderbilt Law Review

If the instant case, rather than Northway, is to become the accepted rule in the area of discounting, consumers and state lenders will be protected while the national bank-lenders will be burdened only slightly, if at all. National banks located in states that permit state lenders to discount loans at the maximum rate, with-out regard to the actual yield, will not be affected. National banks located in states that permit state lenders to discount only to the extent that the actual yield is within the statutory maximum will need to change their practices merely by charging the statutory rate only …


Recent Developments In Gift And Estate Taxation, Douglas A. Kahn Jan 1975

Recent Developments In Gift And Estate Taxation, Douglas A. Kahn

Other Publications

A summarization of recent tax cases.


Transactions Subject To Gift Tax, Douglas A. Kahn, Earl M. Colson Jan 1975

Transactions Subject To Gift Tax, Douglas A. Kahn, Earl M. Colson

Articles

The gift tax is imposed on the "transfer of property by gift." The term gift is not expressly defined either in the Code or in the Treasury Regulations. However, section 2512(b), dealing with the valuation of gifts, states that "where property is transferred for less than an adequate and full consideration in money or money's worth," the difference between the value of the property transferred and the consideration received constitutes a gift. Thus, for gift tax purposes, the determination of whether a gift was made does not turn so much on the intent of the transferor as it does on …


Post Mortem Estate Planning, Kinsey Spotswood Dec 1974

Post Mortem Estate Planning, Kinsey Spotswood

William & Mary Annual Tax Conference

No abstract provided.


Use Of Powers Of Appointment In Estate Planning, John Curtis Dec 1974

Use Of Powers Of Appointment In Estate Planning, John Curtis

William & Mary Annual Tax Conference

No abstract provided.


The Marital Deduction, Martin L. Fried Dec 1974

The Marital Deduction, Martin L. Fried

William & Mary Annual Tax Conference

No abstract provided.


The Use Of Shareholders Agreements In Estate Planning, Robert A. Schnur Dec 1974

The Use Of Shareholders Agreements In Estate Planning, Robert A. Schnur

William & Mary Annual Tax Conference

No abstract provided.


The Tax Recommendations Of The Commission On The Bankruptcy Laws--Income Tax Liabilities Of The Estate And The Debtor, William T. Plumb Jr. Apr 1974

The Tax Recommendations Of The Commission On The Bankruptcy Laws--Income Tax Liabilities Of The Estate And The Debtor, William T. Plumb Jr.

Michigan Law Review

The Commission on the Bankruptcy Laws of the United States (Commission), pursuant to congressional mandate, has reported its recommendations for the first comprehensive revision of the bankruptcy laws since the Chandler Act of 1938. This Article deals with the proposals concerning the obligation of the trustee in bankruptcy to file returns of income and to pay federal and state taxes on the income, and concerning the calculation of the taxable incomes of the bankrupt estate and the debtor (including their rights to utilize each other's carryovers), as well as with certain problems in those areas in which the Commission has …


Implications Of Minority Interest And Stock Restrictions In Valuing Closely-Held Shares, Alan L. Feld Apr 1974

Implications Of Minority Interest And Stock Restrictions In Valuing Closely-Held Shares, Alan L. Feld

Faculty Scholarship

The federal estate and gift taxes levy on the gratuitous transfer of wealth by both testamentary and lifetime disposition. The amount of the tax depends on the value placed on the property transferred by the decedent or donor. When the property transferred consists of shares of stock in a closely held corporation, there often exists no ready market to help in valuation. As a result, the value of the shares used to compute the federal estate or gift tax must be determined first by appraising the value of the enterprise, and then by allocating some portion of that value to …


Stock Options And The Tax Reform Act Of 1969: The Question Of Continued Utility, John W. Bonds, Jr. Nov 1973

Stock Options And The Tax Reform Act Of 1969: The Question Of Continued Utility, John W. Bonds, Jr.

Vanderbilt Law Review

This Note attempts its own exploration of the compensatory utility of stock options, beginning with brief sketches of the early tax law relating to options; the developing legislative, regulatory,and judicial refinements; and, the state of the law immediately prior to the Tax Reform Act. The basic operating provisions of the new Act and the proposed regulations are then examined as they relate to both statutory and nonstatutory stock options. After out-lining the goals that employers and employees seek by using stock options, the Note's conclusion attempts to analyze the degree to which those goals may still be attained in light …


Limitation On Artificial Accounting Losses (Lal): Another Assault On The Tax Shelter., Jeffrey Clarke Anderson Sep 1973

Limitation On Artificial Accounting Losses (Lal): Another Assault On The Tax Shelter., Jeffrey Clarke Anderson

St. Mary's Law Journal

Abstract Forthcoming.


United States V. Byrum-Application Of § 2036(A) To Transfers Of Stock Into Inter Vivos Trust By The Controlling Shareholder Of A Closely Held Corporation Mar 1973

United States V. Byrum-Application Of § 2036(A) To Transfers Of Stock Into Inter Vivos Trust By The Controlling Shareholder Of A Closely Held Corporation

Washington and Lee Law Review

No abstract provided.


The Application Of Section 2036 To Inter Vivos Transfers Of Stock In Closely-Held Corporations, George A. Neidich Jan 1973

The Application Of Section 2036 To Inter Vivos Transfers Of Stock In Closely-Held Corporations, George A. Neidich

Buffalo Law Review

No abstract provided.


Federal Estate Taxation - Inter Vivos Gift Between Co-Owners Of United States Savings Bonds Requires Surrender And Reissue Jan 1973

Federal Estate Taxation - Inter Vivos Gift Between Co-Owners Of United States Savings Bonds Requires Surrender And Reissue

University of Richmond Law Review

At the present time there are approximately 500 million Series E United States Savings Bonds outstanding about 75% of which are registered in the names of co-owners. Until recently there had been no consensus in the federal courts as to whether a registered co-owner of such a bond could remove it from his gross estate by making an inter vivos gift to the other co-owner without having the bond reissued according to Treasury Regulation procedures. This conflict in case law and its attendant confusion has had the effect of preventing uniform application of federal estate tax law concerning savings bonds. …


United States V. Byrum - The Management Power Question In Estate Taxation Oct 1972

United States V. Byrum - The Management Power Question In Estate Taxation

William & Mary Law Review

No abstract provided.


Charitable Remainder Trusts--A Need For Further Reform?, R. Frank Murphy, Ii Oct 1972

Charitable Remainder Trusts--A Need For Further Reform?, R. Frank Murphy, Ii

Vanderbilt Law Review

The proposals offered in this Note are meant to suggest that are turn to some form of the flexible, well understood charitable remainder trust of pre-1969 days would prove most satisfactory to the needs of donors, charities, and attorneys. With modifications similar to those recommended above, the familiar concept of traditional income and remainder interests could be reinstated, with its weaknesses eliminated. If reversion to an improved form of the old law is deemed unacceptable,it nevertheless appears that a revision of the tripartite structure of the 1969 Act is mandatory. The complexity and lack of flexibility inherent in the new …


Book Reviews Of Federal Income Taxation Of Business Enterprises And Federal Income Taxation, William St. John Mckee, Thomas B. White Sep 1972

Book Reviews Of Federal Income Taxation Of Business Enterprises And Federal Income Taxation, William St. John Mckee, Thomas B. White

Journal of Legal Education

No abstract provided.


An Update On Federal Estate And Gift Taxation: Recent Decisions And Revenue Rulings, Verner F. Chaffin Sep 1972

An Update On Federal Estate And Gift Taxation: Recent Decisions And Revenue Rulings, Verner F. Chaffin

Scholarly Works

"Tax law is constantly evolving, never static, and always in the process of becoming something other than it was." In the following survey, Professor Chaffin brings us abreast of the latest changes in the field of estate and gift tax and gives us insight into the future direction of the law in this area.


Kahn, Colson, & Craven: Federal Taxation Of Estates, Gifts, And Trusts, Richard D. Hobbet Mar 1972

Kahn, Colson, & Craven: Federal Taxation Of Estates, Gifts, And Trusts, Richard D. Hobbet

Michigan Law Review

A Review of Federal Taxation of Estates, Gifts, and Trusts by Douglas A. Kahn, Earl M. Colson, and George Craven


Recent Tax Legislation—The Excise, Estate And Gift Tax Adjustment Act Of 1970, John R. Price Mar 1972

Recent Tax Legislation—The Excise, Estate And Gift Tax Adjustment Act Of 1970, John R. Price

Washington Law Review

The Excise, Estate and Gift Tax Adjustment Act of 1970 will result in a temporary increase in the revenue derived from estate and gift taxes, a potentially longer-term increase in excise tax revenues and a permanent decrease in the revenue generated by the minimum tax on items of tax preference income and by the aircraft use tax. More important, it will have an enduring effect on estate, gift and income tax planning and procedures. The origins and principal provisions of the Act will be discussed in the first few pages of this article, after which the provisions relating to the …


Corporate Taxation In 1971; Something New, Something Old., Malcolm L. Shaw Mar 1972

Corporate Taxation In 1971; Something New, Something Old., Malcolm L. Shaw

St. Mary's Law Journal

Abstract Forthcoming.


Estate And Gift Tax Reform: Inter Vivos Transfers With A Testamentary Flavor, Don W. Llewellyn Mar 1972

Estate And Gift Tax Reform: Inter Vivos Transfers With A Testamentary Flavor, Don W. Llewellyn

William & Mary Law Review

No abstract provided.