Taxation-Federal Commons^™

A Residual Damages Right Against The Irs: A Cure Worse Than The Disease, Steve R. Johnson

Scholarly Publications

Tax scholarship commonly has emphasized the substantive rules of tax liability, according less than due attention to tax procedure. Recently, however, this imbalance has been partly redressed as a result of the taxpayer rights movement. The major legislative products of the movement have been the Taxpayer Bill of Rights (TBORl) in 1988, the Taxpayer Bill of Rights 2 (TBOR2) in 1996,and the Taxpayer Bill of Rights (TBOR3) in 1998. Congress currently is considering a fourth installment in the series. These measures – especially TBOR3 – have provoked considerable useful commentary from both practitioners and academics.

Nonetheless, much work remains to …

Federal Taxation, Kimberly S. Piar, Donald P. Hensel, M. Todd Prewett, Donald R. Bly

Mercer Law Review

In 1999 the Eleventh Circuit Court of Appeals decided several substantive tax cases as well as a number of procedural cases. The substantive tax issues addressed by the court included the definition of "control" under Internal Revenue Code Section 1504(a); whether S corporation shareholders can increase basis in their stock by the amount of guaranteed loans; the allocation of the purchase price of real property among depreciable and nondepreciable assets; employment tax issues; and worthless debt deductions under Internal Revenue Code Section 166. As to procedural issues, the court decided cases relating to remittances made in connection with Form 4868, …

Bringing Down The Bar: Accountants Challenge Meaning Of Unauthorized Practice, Susan B. Schwab

Cardozo Law Review

No abstract provided.

Unfinished Business On The Taxpayer Rights Agenda: Achieving Fairness In Transferee Liability Cases, Steve R. Johnson

Scholarly Publications

The taxpayer rights movement has been a driving force of tax legislation and administration for over a decade. It has produced the Taxpayer Bill of Rights (TBOR) in 1988, the Taxpayer Bill of Rights 2 (TBOR2) in 1996, the Taxpayer Bill of Rights 3 (TBOR3) in 1998, lesser statutory initiatives, and an array of important administrative changes by the Service. While the future of the movement can be debated, it is clear that, for now, it remains a force to be reckoned with in tax policy.

This article advances a proposal to extend and complete one thrust of the taxpayer …

News Flash: The Income Tax Remains Constitutional, Erik M. Jensen

Faculty Publications

No abstract provided.

The Tax Of Physics, The Physics Of Tax, Stephen B. Cohen

Georgetown Law Faculty Publications and Other Works

Sometimes ideas from science illuminate muddled legal thinking. Physics teaches that, for every particle of matter, there exists a corresponding particle of anti-matter. A particle of matter and its corresponding particle of anti-matter are identical except that they have opposite electrical charges. A proton's charge is positive, an anti-proton's negative. When matter and anti-matter meet, they produce the most powerful explosion in nature, totally annihilating each other.

With these laws of physics in mind, consider that a donor can make a gift in one of two ways: either by assuming a debt or by transferring as asset. In an instance …

A Discussion Of The Application Of Fica And Futa To Indian Tribes' On-Reservation Activities, Robyn L. Robinson

American Indian Law Review

No abstract provided.

Taxation Of U.S. Llc With Foreign Participation, Victor Ianovitch

LLM Theses and Essays

The instant thesis is organized in three main parts. The first contains an overview of U.S. law including constitutional issues of the topic focusing on the separation of tax powers between federal and state authorities with special attention to the basis and extent to which a State is entitled to impose levies on business organizations; a brief analysis of federal legislation allowing the pass-through regime; and summary concerning LLC legislation in the States. The second analyzes the application of the main, basic principles of international taxation (such as residence, source rules, application of international treaties, and connected with it the …

Judicial Funding And Taxation Mandates: Will Missouri V. Jenkins Survive Under The New Federalism Restraints?, Janice C. Griffith

Suffolk University Law School Faculty Works

The judiciary frequently mandates costly institutional reforms to correct state and local governmental constitutional violations. This Article examines the unprecedented equitable power exercised by a federal district court in its oversight of a school desegregation remedial plan in Kansas City, Missouri at a cost exceeding $1.8 billion. The district court ordered taxation to ensure funding for the remedial plan and directed local authorities to disregard state law limitations that barred such taxation.

Dean Griffith criticizes the judiciary's disregard of remedial plan costs in devising institutional reforms. She proposes that courts apply a balancing test in the remedial process -- weighing …

Unfinished Business On The Taxpayer Rights Agenda: Achieving Fairness In Transferee Liability Cases, Steve R. Johnson

Articles by Maurer Faculty

No abstract provided.

U.S. Taxation Of Profits From Internet Software Sales - An Electronic Commerce Case Study, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.

Getting Serious About Curtailing Deferral Of Us Tax On Foreign Source Income, Robert J. Peroni, J. Clifton Fleming Jr., Stephen E. Shay

Faculty Scholarship

When a U.S. person conducts business or investment activity abroad through a foreign corporation in a country that imposes only low rates of tax, the so-called deferral privilege allows the U.S. taxpayer to defer substantial amounts of U.S. tax at the cost of only a small foreign levy. Hence, the deferral privilege operates as a tax subsidy of sorts for U.S. persons with operations in low tax foreign countries and provides a major incentive for U.S. persons to shift their business operations and investments to foreign countries that impose little or no tax on the earnings of the foreign corporations.To …

Recent Federal Income Tax Developments, Ira B. Shepard

William & Mary Annual Tax Conference

No abstract provided.

Supporting Families, Supporting Gender Equality: Improving Canada's Tax And Transfer System - Brief Submitted To The House Of Commons Finance Sub-Committee On Tax Fairness For Canadian Families, Lisa Philipps, Kim Brooks

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

Tax Lawyers, Ethical Obligations, And The Duty To The System, Watson

Scholarly Works

Perhaps the most elusive area of law is that of legal ethics. While the term itself is easy to define,' the subject all but defies codification because ethics, or morals (the terms are interchangeable), cannot be encapsulated by or in law. This is because law, in general, contains its own standard of validity on which there is usually clear societal consensus. For example, murder, rape, and theft are morally repugnant universally. Hence, punishment for any of these offenses does not impinge upon religious or individual autonomy because there is no ethical freedom to choose whether or not to engage in …

Are Frequent Flyer Benefits Really Benefits: An Analysis Of The Frequent Flyer Tax Debate And A New Theory Of Taxability For Frequent Flyer Benefts , Jennifer A. Cunningham

Cleveland State Law Review

This Note will begin with a brief history of frequent flyer programs and an explanation of how they operate, followed by a closer look at the traditional arguments for nontaxability of mileage earned on personal flights, taxability of mileage earned on business flights for an employer, and proposed theories for valuing the taxable mileage. Next, it will summarize failed attempts by both the courts and the legislature to resolve the issue. After establishing this background, the Note will explore the concept of gross income, particularly as reflected by section 61 of the Internal Revenue Code and interpreted by case law …

The Dangers Of Symbolic Legislation: Perceptions And Realities Of The New Burden-Of-Proof Rules, Steve R. Johnson

Articles by Maurer Faculty

One provision of the 1998 IRS Restructuring and Reform Act is new I.R.C. sec. 7491. That section purports to alter the long established rule that the burden of proof in civil tax litigation generally is on the taxpayer. It was enacted with considerable fanfare as a taxpayer-protection measure. However, to minimize the serious effects that a genuine and general burden reversal would occasion, sec. 7491 contains many exceptions and limitations. I argue that these conditions largely swallow the rule, such that the burden of proof will shift in very few actual cases. But ineffective does not mean innocuous. Section 7491 …

A Helpful And Efficient Irs: Some Simple And Powerful Suggestions, Joshua D. Rosenberg

Kentucky Law Journal

No abstract provided.

Tax Consequences Of Assigning Life Insurance - Time For Another Look, Douglas A. Kahn, Lawrence W. Waggoner

Articles

The Taxpayer Relief Act of 1997 furnishes the courts and the Internal Revenue Service an opportunity to close certain loopholes in the federal tax consequences of assigning life insurance. About twenty years ago, we published an article arguing that the tax consequences of assigning life insurance affords taxpayers unwarranted opportunities for tax avoidance. Since then, developments in the case law and Internal Revenue Service rulings have broadened the loopholes. In the update of our article, we show how the new tax law supports our original position.

International Comity And The Foreign Tax Credit: Crediting Nonconforming Taxes, Glenn E. Coven

Faculty Publications

No abstract provided.

The Roth Ira Cuts Federal Revenues, With No Benefit To Taxpayers, Michael Waggoner

Publications

No abstract provided.

"To Lay And Collect Taxes": The Constitutional Case For Progressive Taxation, Leo P. Martinez

Faculty Scholarship

No abstract provided.

Selected Recent Federal Income Tax Developments, Ira B. Shepard

William & Mary Annual Tax Conference

No abstract provided.

Individual Tax Planning, James V. Duty

William & Mary Annual Tax Conference

No abstract provided.

Individual Tax Planning: Exhibit 2, James V. Duty

William & Mary Annual Tax Conference

No abstract provided.

Individual Tax Planning: Exhibit 3, James V. Duty

William & Mary Annual Tax Conference

No abstract provided.

Practice Before The Irs After The Restructuring And Reform Act, T. Keith Fogg, Robert E. Lee

William & Mary Annual Tax Conference

No abstract provided.

Individual Tax Planning: Exhibit 1, James V. Duty

William & Mary Annual Tax Conference

No abstract provided.

Justice Blackmun's Federal Tax Jurisprudence, Robert A. Green

Cornell Law Faculty Publications

During his tenure on the Supreme Court, Justice Blackmun was widely regarded as the Court's authority on tax matters. Justice Blackmun viewed tax law not merely as a technical specialty, but as a microcosm of the legal system. His numerous tax opinions involve a wide range of issues of constitutional law, criminal law, administrative procedure, court procedure, and statutory interpretation. This Article begins by discussing two of Justice Blackmun's tax opinions involving constitutional issues. Justice Blackmun refused to create special constitutional rules for tax cases. Instead, he applied generally applicable principles, but with great sensitivity to how those principles would …

Federal Taxation, Ben E. Muraskin, James A. Lawton, Tiffani W. Greene

Mercer Law Review

The Court of Appeals for the Eleventh Circuit during 1997 rendered fewer reported decisions dealing with federal tax issues than in prior years. Nevertheless, in one of the biggest developments in cooperative taxation, the Eleventh Circuit decided Gold Kist Inc. v. Commissioner, which involved the interpretation of the tax benefit rule as set forth in the 1983 Supreme Court decisions in Hillsboro National Bank v. Commissioner and United States v. Bliss Dairy, Inc. Other decisions involved the qualification of corporations as "farm-related taxpayers," employment taxes, federal tax liens, issues on appeal, litigation costs, and a bankruptcy tax issue.