Taxation-Federal Commons^™

Kochanksky V. Commissioner: The Assignment Of Income Doctrine, Community Property Law, And I.R.C. § 1041, Sarah Dods

Washington Law Review

In Kochansky v. Commissioner, the Ninth Circuit held that an attorney was fully taxable on a contingent fee he agreed to split with his spouse at divorce, reasoning that the assignment of income doctrine requires that income be taxed to the person who earns it. This Note observes that in applying the assignment doctrine, the Kochansky court erred by failing to determine the extent of the spouse's community property interest in the contingent fee; community property income must be taxed one-half to each spouse, regardless of which spouse earns it, which spouse collects it, and when it is collected. …

Comments On Professor Peroni's Paper On Reform Of The U.S. International Income Tax Rules, David R. Tillinghast

University of Miami Law Review

No abstract provided.

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

Mercer Law Review

No abstract provided.

Back To The Future: A Path To Progressive Reform Of The U.S. International Income Tax Rules, Robert J. Peroni

University of Miami Law Review

No abstract provided.

The Future Of Capital Export Neutrality: A Comment On Robert Peroni's Path To Progressive Reform Of The U.S. International Tax Rules, Stanley I. Langbein

University of Miami Law Review

No abstract provided.

Comment On Shay And Summers: Selected International Aspects Of Fundamental Tax Reform Proposals, Reuven S. Avi-Yonah

University of Miami Law Review

No abstract provided.

The Definition Of Voting Stock And The Computation Of Voting Power Under Sections 368(C) And 1504(A): Recent Developments And Tax Lore, Stuart G. Lazar

Journal Articles

Although the concepts of "voting stock" and "voting power" are pervasive throughout the Code, until recently, courts, commentators and the Service have devoted minimal energy to demystifying the confusion surrounding the definition of voting stock and even less to expanding upon the methodology of computing voting power. Recent developments, however, may prompt practitioners to take a second look at these terms. While a 1995 decision by the Tax Court adds little to the existing body of authority with respect to the determination of the owner of voting stock, the Service's analysis of the voting power requirement in a 1994 private …

Distributions From Qualified Plans And Ira' S, Oregon Law Institute, Everett R. Moreland, Bruce J. Temkin, Deborah L. Thomas

Oregon Law Institute, 1997

Course Materials from the June 13, 1997 Program in Portland

1997 Business Law Institute: Advising Your Business Client, Oregon Law Institute, Robert K. Winger, Steven C. Alberty, Nancy J. Brown, Sylvia E. Stevens, Andrea Bartoloni, Tifani M. Parrilli, James L. Knoll, Beth R. Skillern, Linda M. Bolduan, Gary W. Glisson, David P. Peterson

Oregon Law Institute, 1997

Course Materials from the May 2, 1997 Program in Portland

The Hidden Costs Of The Progressivity Debate, Nancy C. Staudt

Vanderbilt Law Review

Progressive taxation-taxing high income individuals at a proportionally higher level than low income individuals-has sparked more than a century of controversy. Those who support progressive taxation have heralded it as a policy that promotes the greatest good for the greatest number in society protects traditional democratic values, reflects the communitarian world-view of women who see themselves as responsible for the well-being of all individuals, and reveals the "aesthetic judgment" that income inequality is "distinctly evil or unlovely." At the same time, critics have condemned progressive income taxation as social policy that amounts to theft and involuntary servitude, reflects the democratic …

Government Precommitment To Tax Incentive Subsidies: The Impact Of United States V. Winstar Corp. On Retroactive Tax Legislation, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

Taxation Of Telecommunications And Electronic Commerce, Walter Hellerstein

Scholarly Works

No abstract provided.

Tax-Free Exchanges, Oregon Law Institute, Ronald A. Shellan

Oregon Law Institute, 1997

Course Materials from the March 19, 1997 Program in Portland

The Internal Revenue Service Under Equitable Attack, Joseph M. Landolfi Jr.

St. Thomas Law Review

Part II of this article addresses the legislative history of the applicable Internal Revenue Codes. Part III investigates the conflicts between the circuit courts' regarding whether to allow the tolling of the time period for filing a refund claim. Additionally, Part III identifies the conflict that exists within certain circuits that do not apply the doctrine of equitable tolling to tax refund claims but allow other equitable remedies to apply in other tax related matters. Finally, Part IV demonstrates that equitable tolling should be permitted as a defense to an assertion that a tax refund claim has been untimely filed. …

What's In A Name: An Argument For A Small Business Limited Liability Entity Statute (With Three Subsets Of Default Rules), Dale A. Oesterle, Wayne M. Gazur

Publications

The recent proliferation of small business entity forms is primarily a result of their tax characterization. With the recent adoption of the IRS "check-the-box" regulations and, as a consequence, the elimination of traditional tax distinctions, many of these forms have lost their appeal. This article proposes starting over with one form, the "limited liability entity." Part I discusses the history of small business forms. Part II analyzes the current forms in light of the recent check-the- box legislation. Part III discusses the necessity of and rationale behind a unified entity statute. Finally, Part IV outlines a unified limited liability entity …

Deaccession: Not Such A Dirty Word, Jason R. Goldstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A New Direction For State Corporate Codes, Mark J. Loewenstein

Publications

No abstract provided.

Tax And The Married Woman, Lawrence A. Zelenak

Faculty Scholarship

Reviewing, Edward J. McCaffery, Taxing Women (1997)

The Summons Power And The Limits Of Theory: A Reply To Professor Hyman, Leo P. Martinez

Faculty Scholarship

No abstract provided.

Ending The Irs As We Know It: Thoughts From Outside The Beltway, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.

Recent Developments Affecting Worker Classification Disputes With The Internal Revenue Service, L. Paige Marvel

William & Mary Annual Tax Conference

No abstract provided.

Recent Federal Income Tax Developments, Ira B. Shepard

William & Mary Annual Tax Conference

No abstract provided.

Speculating On The Future Of Attorney Responsibility To Nonclients, Barbara Glesner Fines

Faculty Works

No abstract provided.

Curtailing The Economic Distortions Of The Mortgage Interest Deduction, William T. Mathias

University of Michigan Journal of Law Reform

Many Americans consider the mortgage interest deduction a necessary fixture of the American tax system. In this Article, Mathias examines the economic underpinnings of the deduction and finds that it cannot be justified on purely economic grounds. He then evaluates the major policy arguments for the mortgage interest deduction and concludes that it is inefficient, inequitable, and too costly in its present form to be justified on policy grounds. Finally, the author advocates for the elimination or substantial reduction in the size and scope of the mortgage interest deduction.

'Complete' Accrual Taxation, Fred B. Brown

All Faculty Scholarship

Under the realization rule, accrued gains and losses generally are not taken into account for income tax purposes until a disposition occurs. Thus, the realization rule is responsible for tax deferral, which in turn likely leads to economic inefficiencies and inequities. The realization rule also contributes greatly to the complexity of the federal income tax system by necessitating numerous Internal Revenue Code provisions that address the many consequences arising from the decision to postpone taxation until a disposition occurs.

An alternative to the realization rule is accrual taxation - the inclusion in the tax base of annual increases and decreases …

Toward A Tax-Based Explanation Of The Liability Insurance Crisis, Kyle D. Logue

Articles

The so-called liability insurance crisis of 1985 and 1986 transformed the way we think about tort law and about liability insurance markets. The crisis phenomena, which first appeared in late 1984 and lasted until mid-1986, consisted of enormous increases in liability insurance premiums and alarming reductions in the availability of certain types of liability coverage. In the two principal liability lines of insurance (Other Liability and Medical Malpractice), premiums increased by hundreds (in some cases thousands) of percentage points in a matter of months. At the same time, the availability of liability insurance contracted sharply. The liability policies that were …

Taxing Contingency Fee Attorneys As Investors: Recognizing The Modern Reality, Robert M. Amkraut

Washington Law Review

In the 1995 case of Boccardo v. Commissioner, the Ninth Circuit changed the tax treatment of advances made by attorneys working on contingency fee arrangements. The court held that, in a specific type of contingency fee arrangement, costs paid by an attorney are deductible as ordinary and necessary business expenses. This decision not only challenges assumptions underlying decades of case law and centuries of legal ethical tradition, but it also undermines the tax accounting principle of matching expenses with related income. This Note summarizes the traditional rationales for prohibiting attorneys from deducting such costs and analyzes the Boccardo decision. …

Gambling With The Irs: The Enforcement Of Retroactive Tax Statutes In United States V. Carlton, Stewart Haskins

Mercer Law Review

In United States v. Carlton, the Supreme Court rejected a Due Process challenge to the retroactive elimination of an estate tax deduction. In 1986, Congress revised the Internal Revenue Code to allow a deduction under 26 U.S.C. § 2057 for half the proceeds of a sale of employer securities by the executor of an estate to an employee stock ownership plan (ESOP). Jerry W. Carlton was the executor of Willametta K. Day's estate. In December 1986, Carlton used estate funds to purchase MCI stock valued at $11,206,000. Two days later, Carlton sold the stock to the MCI ESOP for …

Irs Overhauls Spin-Off Ruling Guidelines, Stuart M. Finkelstein, Stuart G. Lazar

Other Scholarship

No abstract provided.

Federal Taxation, Timothy J. Peaden, Ben E. Muraskin, James A. Lawton

Mercer Law Review

During 1995, as in past years, the Eleventh Circuit considered several procedural issues. The procedural issues decided in 1995 involved refund claims, tax liens, and litigation fees. As to substantive tax issues, the court affirmed the taxpayer-favorable Tax Court decision in Estate of Hubert v. Commissioner. The estate tax issue involved, however, is a controversial one, and the Sixth and Federal Circuit Courts of Appeals have previously reached a contrary conclusion.