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Articles 1 - 30 of 30
Full-Text Articles in Taxation-Federal
Capital Gains Realizations, Daniel Schaffa
Capital Gains Realizations, Daniel Schaffa
Law Faculty Publications
If there are important nondeductible costs to long-term investing, then higher capital gains tax rates may encourage or discourage investors from realizing accumulated gains. This ambiguity suggests that the sizeable observed effects of capital gains taxes on realizations may partly reflect factors other than the time value of money, such as investor anticipations of future tax rate changes.
Towards An Understanding Of Tax Complexity, Daniel Schaffa
Towards An Understanding Of Tax Complexity, Daniel Schaffa
Law Faculty Publications
The study of tax complexity has reached consensus on two things. First, complexity pervades the U.S. tax system. And second, it is not always clear what tax complexity means. Indeed, it is common practice for tax complexity scholarship to note the absence of a universal tax complexity definition and then conduct its inquiry without one. A universal definition of tax complexity has proven elusive because tax complexity means many different (although often related) things. This has made the tax policy analysis of complexity challenging. As an alternative to a definition, this Article proposes a framework with four elements for considering …
Taxation, Craig D. Bell
Taxation, Craig D. Bell
University of Richmond Law Review
This Article reviews significant recent developments in the laws affecting Virginia state and local taxation. Its Parts cover legislative activity, judicial decisions, and selected opinions and other pronouncements from the Virginia Department of Taxation (the “Tax Department” or “Department of Taxation”) and the Attorney General of Virginia over the past year. Part I of this Article addresses state taxes. Part II covers local taxes, including real and tangible personal property taxes, license taxes, and discrete local taxes. The overall purpose of this Article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in …
The Intergenerational Equity Case For A Wealth Tax, Daniel Schaffa
The Intergenerational Equity Case For A Wealth Tax, Daniel Schaffa
Law Faculty Publications
Intergenerational equity is commonly set aside in favor of other policy objectives, perhaps because of the extreme challenges inherent in adopting and applying an intergenerational equity normative framework. Even when there is a near consensus that the choices of today will have substantial costs in the future, these costs are often downplayed or disregarded. This Article asks whether there are measures that might offer redress to a generation for the costs imposed on it by its predecessors and finds that a one-time wealth tax is a promising option. Although its analysis applies more generally, this Article focuses on the widely …
Superficial Proxies For Simplicity In Tax Law, Emily Cauble
Superficial Proxies For Simplicity In Tax Law, Emily Cauble
University of Richmond Law Review
Simplification of tax law is complicated. Yet, political rhetoric surrounding tax simplification often focuses on simplistic, superficial indicators of complexity in tax law such as word counts, page counts, number of regulations, and similar quantitative metrics. This preoccupation with the volume of enacted law often results in law that is more complex in a real sense. Achieving real simplification—a reduction in costs faced by taxpayers at various stages in the tax planning, tax compliance, and tax enforcement process—often requires enacting more law, not less. In addition, conceptualizing simplicity in simplistic terms can leave the public vulnerable to policies advanced under …
Taxation, Craig G. Bell, Michael H. Brady
Taxation, Craig G. Bell, Michael H. Brady
University of Richmond Law Review
This article reviews significant recent developments in the laws affecting Virginia state and local taxation. Its sections cover legislative activity, judicial decisions, and selected opinions or pronouncements from the Virginia Department of Taxation and the Attorney General of Virginia over the past year.
Through The Lens Of Complex Systems Theory: Why Regulators Must Understand The Economy And Society As A Complex System, James M. Giudice
Through The Lens Of Complex Systems Theory: Why Regulators Must Understand The Economy And Society As A Complex System, James M. Giudice
University of Richmond Law Review
No abstract provided.
Purpose And Power Of The Group Tax Exemption In Health Care, Marie Yascko-Rosado
Purpose And Power Of The Group Tax Exemption In Health Care, Marie Yascko-Rosado
Richmond Journal of Global Law & Business
This article argues that the group tax exemption and consolidated group returns provide immense assistance to nonprofit healthcare organizations, because of simplicity, financial benefits and efficiency benefits. Part III will discuss what it means to be a tax-exempt entity and the legal basis for its existence, the historical basis of the exemption and its various rationales including relief of government burden, subsidy and income measurement theories. Part IV will explain the tax-exempt status in health care, the effects of the Affordable Care Act on the uninsured population, and key differences between for-profit entities and non-profit entities. Part V will both …
Taxing Privacy, Hayes R. Holderness
Taxing Privacy, Hayes R. Holderness
Law Faculty Publications
In the United States, many low-income citizens are being held to a harsher standard than wealthier citizens — these low-income citizens are being asked to relinquish their privacy in order to obtain the public assistance they need, whereas wealthier individuals are not subjected to similar levels of public scrutiny for government benefits that they claim. Giving up privacy can have devastating effects on individuals’ lives — they may suffer various dignitary harms, may experience repressed abilities to express themselves, and may even be coerced into important life decisions by the government. This situation presents a unique problem to the neediest …
Filing Status And Today's Families, Erik Baines
Filing Status And Today's Families, Erik Baines
University of Richmond Law Review
No abstract provided.
Tax Court Appointments And Reappointments Improving The Process, Danshera Cords
Tax Court Appointments And Reappointments Improving The Process, Danshera Cords
University of Richmond Law Review
This article explores the problems with the appointment and reappointment process of judges to the United States Tax Court, particularly focusing on the recent politicization of the process. Until 1992, the process ensured the appoint-ment of only well-qualified judges to the Tax Court bench. However, beginning with the administrations of Presidents William J. Clinton and George W. Bush, the President infused politics into the nomination process, causing the process to slow and creating vacancies on the court. Such delays threaten the court's effectiveness and disrupt its operations. To solve this problem, the author endorses changing the statute to allow Tax …
Congress, Public Values, And The Taxing Power, Mary L. Heen
Congress, Public Values, And The Taxing Power, Mary L. Heen
Law Faculty Publications
In an article published several years ago, I examined the financing dimension of private choice and proposed a framework for analyzing Congress’s taxing and spending decision-making processes. Although issues other than health care reform provided the impetus for the article, the framework developed there provides a broader perspective from which to consider the taxing power portion of Chief Justice Roberts’ opinion in National Federation of Independent Business v. Sebelius, 567 U.S. — (2012).
Legislating In The Dark: How Congress Regulates Tax-Exempt Organizations In Ignorance, John F. Coverdale
Legislating In The Dark: How Congress Regulates Tax-Exempt Organizations In Ignorance, John F. Coverdale
University of Richmond Law Review
No abstract provided.
Taxing The Disabled: The Irs, The Insurance Industry, And The Disability Waiver Of Premium Rider, Andrew Strelka
Taxing The Disabled: The Irs, The Insurance Industry, And The Disability Waiver Of Premium Rider, Andrew Strelka
Richmond Public Interest Law Review
The disability waiver of premium rider is an optional addition to life insurance policies that waives subsequent annual premiums in the event the policyholder becomes disabled. Wong Wing Non v. Commissioner, the leading opinion on the taxation of the disability waiver, has been misconstrued to create scenarios where disabled policy holders are subjected to taxes they would not have otherwise incurred without the disability waiver. This comment argues for a different interpretation of Wong Wing Non and proposes legislation as an alternative challenge to current taxation policies.
Taxing The Disabled: The Irs, The Insurance Industry, And The Disability Waiver Of Premium Rider, Andrew Strelka
Taxing The Disabled: The Irs, The Insurance Industry, And The Disability Waiver Of Premium Rider, Andrew Strelka
Richmond Journal of Law and the Public Interest
This Comment discusses the current tax methods being applied to the disability waiver of premium rider, an optional addition to life insurance policies' that waives subsequent annual premiums in the event the policyholder becomes disabled. This Comment will show that the seminal case regarding the taxation of disability waiver of premium riders, Estate of Wong Wing Non v. Commissioner, has been misconstrued by both the IRS and the insurance industry. This has allowed for the existence of two scenarios where a disabled policyholder is subjected to an unexpected tax liability he would have avoided but for the onset of disability. …
Daimlerchrysler V. Cuno: An Escape From The Dormant Commerce Clause Quagmire?, S. Mohsin Reza
Daimlerchrysler V. Cuno: An Escape From The Dormant Commerce Clause Quagmire?, S. Mohsin Reza
University of Richmond Law Review
No abstract provided.
The I.R.S.'S Shotgun Marriage, Shari Motro
The I.R.S.'S Shotgun Marriage, Shari Motro
Law Faculty Publications
Professor Motro argues against current federal tax policy permitting married couples joint filing status regardless of actual economic unity or lack thereof.
Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne
Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne
University of Richmond Law Review
No abstract provided.
A New I Do: Towards A Marriage-Neutral Income Tax, Shari Motro
A New I Do: Towards A Marriage-Neutral Income Tax, Shari Motro
Law Faculty Publications
The federal income tax system treats married couples as if each spouse earned approximately one-half of the couple's combined income through a mechanism called "income splitting. " For many one-earner and unequal-earner couples, income splitting produces a significant advantage, a "marriage bonus," by shifting income from higher to lower rate brackets. Marriage-based income splitting relies on a presumption that marriage is a good indicator of economic unity between two taxpayers. It is not. Marriage does not require spousal sharing, and many unmarried couples share everything they earn. As a result, the current system extends the benefit of income splitting to …
Single And Paying For It, Shari Motro
Single And Paying For It, Shari Motro
Law Faculty Publications
Professor Motro argues that present-day income tax benefits to married couples, such as the privilege to file jointly, are unfair to unmarried taxpayers with or without children, and challenges these policies' societal values of encouraging marriage and subsidizing the support of children born to married couples.
Congress, Public Values, And The Financing Of Private Choice, Mary L. Heen
Congress, Public Values, And The Financing Of Private Choice, Mary L. Heen
Law Faculty Publications
This Article examines the financing dimension of private choice, with a focus on Congress’s taxing and spending decision-making processes. The Article begins with an overview of the financing and performance dimensions of privatization decisions, followed by an analysis of how taxation relates to both dimensions. Private choice can be financed individually, that is, paid for by an individual’s own resources, facilitated by general tax reduction. Alternatively, private choice can be financed collectively by using tax revenues (or borrowed funds) to pay for privately provided goods and services. The tendency in political debate to conflate those two forms of financing, as …
Taxation, Craig D. Bell
The Earned Income Tax Credit As A Tax Expenditure: An Alternative To Traditional Welfare Reform, Timothy J. Eifler
The Earned Income Tax Credit As A Tax Expenditure: An Alternative To Traditional Welfare Reform, Timothy J. Eifler
University of Richmond Law Review
Welfare has become a common topic of concern recently as President Clinton and his political adversaries begin battle over the second major element of Clinton's agenda for reform. As a necessary corollary to, and a direct complement of the health care proposal, the welfare system presents the next area that requires reform for a truly effective agenda for change.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Tax Consequences Of Inter Vivos Charitable Contributions After December 31, 1969 Under Section 170, Olin R. Melchionna Jr.
The Tax Consequences Of Inter Vivos Charitable Contributions After December 31, 1969 Under Section 170, Olin R. Melchionna Jr.
University of Richmond Law Review
To give and live to give again has always been the American way. Traditionally, Americans contribute to those charitable institutions and associations which effectuate their benevolent, philanthropic desires. Many individuals believe the funding of charitable institutions should be primarily by direct contributions from the private sector as opposed to federal and state government subsidies. This view is supported by the federal income, I gift and estate tax deductions.
Command Performance: The Tax Treatment Of Employer Mandated Expenses, John W. Lee
Command Performance: The Tax Treatment Of Employer Mandated Expenses, John W. Lee
University of Richmond Law Review
Employers frequently not only expect but require performance of duties by employees beyond a nine to five tour at the office or plant. Such obligations may include the employee's living or eating on the employer's business premises, relocating himself and his family as a condition precedent to promotion or continued employment, obtaining additional education, entertaining his employer's customers, and traveling, including trips (frequently accompanied by his spouse pursuant to employer command, express or implied) to meetings and conventions, either sponsored by the employer or otherwise.
Taxation- Deductibility Of Contributions To Segregated Private School
Taxation- Deductibility Of Contributions To Segregated Private School
University of Richmond Law Review
Brown v. Board of Education set the stage for an extensive series of activities designed to circumvent the Court's intention to abolish segregated public education. However legally futile many of these endeavors have become, there remains one instrument of education over which the fourteenth amendment is powerless: the private school. Since tuition alone inevitably fails to generate sufficient revenue to fund the necessary expenses of construction and operation, private charitable contributions are needed, and are encouraged by their deductibility for federal income, as well as estate and gift tax purposes.
Recent Legislation
University of Richmond Law Review
This is a list of the recent legislation from 1970.
The Issuance Of Stock Under Section 1244 Of The Internal Revenue Code, Carle E. Davis
The Issuance Of Stock Under Section 1244 Of The Internal Revenue Code, Carle E. Davis
University of Richmond Law Review
The purpose of this brief note is to examine the provisions of section 1244 with a view toward qualifying for the tax benefits of that section.
State Taxation Of The Net Income From Interstate Business, Harry L. Snead Jr.
State Taxation Of The Net Income From Interstate Business, Harry L. Snead Jr.
University of Richmond Law Review
On February 24, 1959, the Supreme Court of the United States, in companion cases, held, by a 6-3 vote, that a state could levy a properly apportioned tax on the net income of a corporation doing a purely interstate business, provided there were sufficient "activities" within the state to justify a tax. NorthwesternStates PortlandCement Co. v. Minnesota, and Commissioner v. Stockham Valves and Fittings, Inc. Were this article a movie script, I would begin by portraying the separate meetings of two groups: the hastily summoned executive committee of the National Association of Manufacturers gravely, but vigorously, exploring means of avoiding …