Taxation-Federal Commons^™

Deducting Year 2000 Costs, Jeffrey H. Kahn

Scholarly Publications

No abstract provided.

Handling Claims For Minor And Disabled Plaintiffs: Coordinating All Aspects Of The Case, Oregon Law Institute, Elizabeth Welch, Robert P. Jones, Doug M. Fellows, Elden M. Rosenthal, Donna R. Meyer, Jack Meligan, Jane Paulson, Cynthia L. Barrett, Beth Gafur, Jude Mollgaard, Richard H. Mills, David Rollins

Oregon Law Institute, 1998

Course Materials from the April 10, 1998 Program in Portland

Capitalizing The Target's Transaction Costs In Hostile Takeovers, David J. Roberts

Washington Law Review

In A.E. Staley Manufacturing Co. v. Commissioner, the Court of Appeals for the Seventh Circuit held that costs a corporation incurred to resist a hostile takeover were analogous to costs incurred to defend a business against attack and thus qualified as ordinary and necessary business expenses deductible under Internal Revenue Code section 162. Alternatively, the court held that those costs associated with abandoned capital transactions qualified for loss deductions under section 165. This Note argues that although the court reached approximately the right result in this case, its primary reliance on a defense of business rationale for deductibility under …

Collapse Section 341, Alan L. Feld

Faculty Scholarship

Simplification of current income tax provisions always runs an uphill course. As a proper standard for evaluating a provision of existing law we should ask whether, if it did not exist, we would need to invent it. Unfortunately, when we move to the task of crafting and altering the details of current law, the blandishments of equity, revenue yield, and special-interest gain easily outshine the sober virtue of simplification; we forget this potentially embarrassing question.

As a modest step toward simplification, I propose the repeal of one section of the code, a section famed among tax cognoscenti for its opaque …

Tax Advisor-Client Privilege: An Idea Whose Time Should Never Come, Steve R. Johnson

Scholarly Publications

No abstract provided.

Tax Expenditure Analysis And Constitutional Decisions , Linda Sugin

Faculty Scholarship

This article looks at the significance of the similarities and differences between tax benefits and direct spending for purposes of the equal protection and establishment clauses, with a particular focus on the charitable contribution deduction. Because economic equivalence is not critical under these constitutional provisions, tax expenditure analysis is not relevant to the legal analysis. While this article deals only briefly with numerous provisions of the Code and analyzes only two constitutional provisions, it provides a model for considering the constitutionality of any tax provision.

Debt Instruments' Tax Treatment In Corporate Mergers And Acquisitions, Tae Oon Jang

LLM Theses and Essays

The increase of merger and acquisition(M&A) activity since 1992 has resulted mainly from a domestic economic recovery. The current M&A trend shows that M&A is still an important means of enhancing many corporations' competitive power and of stimulating growth in such areas as computer software and services, wholesale and distribution, miscellaneous services, banking and finance, and leisure and entertainment. Fundraising for mezzanine-fund financing, which reflects investors' foresight about current and future M&A trends, has also seen rapid growth. After the Tax Reform Act of 1986 and the repeal of the General Utilities doctrine, the elimination of the capital gain preference …

Exploring The Mysteries: Can We Ever Know Anything About Race And Tax?, Beverly I. Moran

Vanderbilt Law School Faculty Publications

The politics behind tax legislation are explored in order to demonstrate that, rather than being surprising or unexpected, it is easily predictable that federal tax laws would favor whites over blacks.

Tapping Rainy Day Funds For The Reluctant Entrepreneur: Downsizing, Paternalism, And The Internal Revenue Code, Edward J. Gac, Wayne M. Gazur

Publications

No abstract provided.

Targets Missed And Targets Hit: Critical Tax Studies And Effective Tax Reform, Steve R. Johnson

Articles by Maurer Faculty

No abstract provided.

The Phoenix And The Perils Of The Second Best: Why Heightened Appellate Deference To Tax Court Decisions Is Undesirable, Steve R. Johnson

Articles by Maurer Faculty

In our judicial structure, both courts of general jurisdiction and specialized courts are empowered to adjudicate federal income tax controversies. A proper relationship among those courts has proved difficult to forge and maintain. Absent an enduring intellectual and political consensus, institutional arrangements have been subject to recurring question and challenge.

The Deceptively Disparate Treatment Of Business And Investment Interest Expense Under A Cash-Flow Consumption Tax And A Schanz-Haig-Simons Income Tax, J. Clifton Fleming, Jr.

Faculty Scholarship

No abstract provided.

Fewer Tax Returns, Alan L. Feld

Faculty Scholarship

Professor Alan L. Feld presents a proposal for simplifying the income tax by reducing the number of taxpayers who have to file returns.

Recent Federal Income Tax Developments, Ira B. Shepard

William & Mary Annual Tax Conference

No abstract provided.

Nonqualified Deferred Compensation Plans And Equity-Based Compensation, Louis A. Mezzullo

William & Mary Annual Tax Conference

No abstract provided.

Executive Compensation: Dealing With The New Law And Other Developments, William Dunn

William & Mary Annual Tax Conference

No abstract provided.

Theories Of The Federal Income Tax Exemption For Charities: Thesis, Anithesis, And Synthesis, Rob Atkinson

Scholarly Publications

No abstract provided.

Sierra Club V. Commissioner And The Royalty Exemption To The Unrelated Business Income Tax: How Much Activity Is Too Much?, Katherine A. Vanye

Washington Law Review

In Sierra Club v. Commissioner, the Ninth Circuit decided that royalties are payments for the right to use intangible property and are by definition "passive." The court applied this definition and held that Sierra Club's income from renting its mailing list was a royalty payment and thus exempt from taxation. This Note argues that while the court reached the correct conclusion, it did not propose a clear standard to guide future cases. Two alternative approaches could be adopted: (1) ancillary versus significant services; or (2) comparative value of property and services. These alternatives will provide clearer guidelines and enable …

The Deemed Transfer Of Recourse Liabilities Leads To Owen Taxes: What Is Wrong With Form Over Substance?, Christine L. Agnew

University of Miami Law Review

No abstract provided.

The Essays Of Warren Buffett: Lessons For Corporate America, Lawrence A. Cunningham

Cardozo Law Review

No abstract provided.

The Human Corporation: Some Thoughts On Hume, Smith, And Buffett, Lawrence E. Mitchell

Cardozo Law Review

No abstract provided.

Introduction To The Warren Buffett Symposium Papers, Lawrence A. Cunningham

Cardozo Law Review

No abstract provided.

Accounting In Favor Of Investors, Calvin H. Johnson

Cardozo Law Review

No abstract provided.

Teaching Accounting And Valuation In The Basic Corporation Law Course, Elliott J. Weiss

Cardozo Law Review

No abstract provided.

Buffett, Corporate Objectives, And The Nature Of Sheep, Henry T.C. Hu

Cardozo Law Review

No abstract provided.

Warren E. Buffett On Corporate Constituency Laws And Other Newfangled Ideas: An Imaginary Conversation, Bevis Longstreth

Cardozo Law Review

No abstract provided.

Berkshire Hathaway's Uncommon Accounting, Edmund W. Kitch

Cardozo Law Review

No abstract provided.

Selected International Aspects Of Fundamental Tax Reform Proposals, Stephen E. Shay, Victoria P. Summers

University of Miami Law Review

No abstract provided.

International Aspects Of Fundamental Tax Restructuring: Practice Or Principle?, Michael J. Graetz

University of Miami Law Review

No abstract provided.

Comment: What's On Second?, George Mundstock

University of Miami Law Review

No abstract provided.