Taxation-Federal Commons^™

Equal Protection

Touro Law Review

No abstract provided.

The Limited Liability Company Experiment: Unlimited Flexibility, Uncertain Role, Wayne M. Gazur

Publications

No abstract provided.

An Open Letter To Congressman Gingrich, Bruce Ackerman, Akhil Amar, Jack Balkin, Susan Low Bloch, Philip Chase Bobbitt, Richard Fallon, Paul Kahn, Philip Kurland, Douglas Laycock, Sanford Levinson, Frank Michelman, Michael Perry, Robert Post, Jed Rubenfeld, David Strauss, Cass Sunstein, Harry Wellington

Faculty Scholarship

We urge you to reconsider your proposal to amend the House Rules to require a three-fifths vote for enactment of laws that increase income taxes. This proposal violates the explicit intentions of the Framers. It is inconsistent with the Constitution's language and structure. It departs sharply from traditional congressional practice. It may generate constitutional litigation that will encourage Supreme Court intervention in an area best left to responsible congressional decision.

Unless the proposal is withdrawn now, it will serve as an unfortunate precedent for the proliferation of supermajority rules on a host of different subjects in the future. Over time, …

Primer #4: Understanding And Illustrating Tax Benefits, William T. Hutton

Faculty Scholarship

No abstract provided.

Are Back Pay And Damages In Age Discrimination Cases Subject To Income Taxes?, Matthew J. Barrett

Journal Articles

The Internal Revenue Code excludes damages received "on account of personal injuries" from federal income taxation. In this case, the Supreme Court decides if back pay and damages received under the Age Discrimination in Employment Act qualify for this exclusion. The Court's decision could affect thousands of workers who have brought, or may bring, federal age discrimination claims after losing their jobs in downsizings. It may also resolve the tax status of punitive damages.

Fog, Fairness, And The Federal Fisc: Tenancy-By-The-Entireties Interests And The Federal Tax Lien, Steve R. Johnson

Articles by Maurer Faculty

No abstract provided.

A Second Look At The Zero Basis Hoax, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.

Recent Federal Income Tax Developments, Ira B. Shepard

William & Mary Annual Tax Conference

No abstract provided.

What Part Of Rpos Don't You Understand? An Update And Survey Of Standards For Tax Return Positions, J. Timothy Philipps, Michael W. Mumbach, Morgan W. Alley

Washington and Lee Law Review

No abstract provided.

Taxes, Morals, And Legitimacy, Leo P. Martinez

BYU Law Review

No abstract provided.

Divorce And Redemption, Alan L. Feld

Faculty Scholarship

The Tax Court and the Ninth Circuit recently took inconsistent positions on the federal income tax treatment of a redemption of closely held stock incident to a divorce. Their differences lie at the intersection of two tax issues long presumed settled, the treatment of transfers of marital property in connection with a divorce and the treatment of the departing and remaining shareholders on redemption of stock in a closely held corporation. The dispute suggests that some adjustment in these areas may be desirable.

West Virginia's Limited Liability Company Act: Problems With The Act, Ann Maxey

West Virginia Law Review

No abstract provided.

The Politics Of The Income Tax, Joseph Bankman

Michigan Law Review

A Review of Dimensions of Law in the Service of Order: Origins of the Federal Income Tax by Robert Stanley

Partnership Profits Share For Services: An Aggregate Exegesis Of Revenue Procedure 93-27 (Part 2), John W. Lee

Faculty Publications

In this article, Professor Lee charts two alternative methods for implementing an aggregate solution to the problem of partnership profits share for services. The functional, or judicial, method is to handle (1) the exchange of partner-capacity services for a profit share subject to the risk f the venture with the Culbertson "common law relation of partnership," nonrealization event doctrine, implicitly contemplated by the 1984 legislative history to section 707(a)(2), (2) the classic Diamond transitory partner with a substance-over-form rule or step-transaction rule, and (3) a sale of the partnership interest in circumstances that would result in ordinary income in a …

Determining An Individual's Federal Income Tax Liability When The Tax Benefit Rule Applies: A Fifty-Year Checkup Brings A New Prescription For Calculating Gross, Adjusted Gross, And Taxable Incomes, Matthew J. Barrett

BYU Law Review

No abstract provided.

Tax Subsidies: One-Time Vs. Periodic An Economic Analysis Of The Tax Policy Alternatives, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

Graveyard Robbery In The Omnibus Budget Reconciliation Act Of 1993: A Modern Look At The Constitutionality Of Retroactive Taxes, 27 J. Marshall L. Rev. 775 (1994), Andrew G. Schultz

UIC Law Review

No abstract provided.

Below-Market Interest On Loans And Installment Sales: Tax Consequences, William T. Hutton

Faculty Scholarship

No abstract provided.

The New Rollover Rules And Twenty Percent Withholding Tax On Pension Distributions: Does Good Pension Policy Favor Their Repeal?, Leandra Lederman

Articles by Maurer Faculty

No abstract provided.

Audit Inquiry Letters And Discovery: Protection Based On Compulsion, Melissa D. Shalit

Cardozo Law Review

The Securities and Exchange Commission ("SEC") requires a public corporation to file quarterly and annual statements which describe the corporation's financial status. In order to comply with this requirement, the corporation hires an independent auditor to prepare accurate financial statements. The auditor must account for any event that may affect the client's financial status, including pending litigation. Therefore, in an "audit inquiry letter," the auditor requests the client-corporation to inform him of any outstanding claims and any pending or potential litigation. In this way, the auditor can include an accurate representation of his client's financial status in his report.

Tax Policy V. Revenue Policy: Qualified Plans, Tax Expenditures, And The Flat, Plan Level Tax, Edward A. Zelinsky

Articles

No abstract provided.

Taxation Of Punitive Damages Obtained In A Personal Injury Claim, Douglas A. Kahn

Articles

The author explains that in recent court opinions and commentaries concerning whether punitive damages are taxable, considerable weight has been given to a negative inference that appears to lurk in a 1989 amendment to the relevant code provision, section 104(a)(2). To the contrary, he argues, the legislative history of that amendment and the form that the bill had when it was reported out of the Conference Committee establish beyond doubt that no such inference is warranted.

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.

The Morality Of Money: American Attitudes Toward Wealth And The Income Tax, Marjorie E. Kornhauser

Indiana Law Journal

No abstract provided.

Redemptions Incident To Divorce: Reconciling Section 1041 And General Tax Principles, Leandra Lederman

Articles by Maurer Faculty

No abstract provided.

Important Developments In Exempt Organizations, Stephen Schwarz, Laura B. Chisolm

Faculty Scholarship

No abstract provided.

The Summons Power And Tax Court Discovery: A Different Perspective, Leo P. Martinez

Faculty Scholarship

No abstract provided.

Taxes, Morals, And Legitimacy, Leo P. Martinez

Faculty Scholarship

No abstract provided.

Determining An Individual's Federal Income Tax Liability When The Tax Benefit Rule Applies: A Fifty-Year Checkup Brings A New Prescription For Calculating Gross, Adjusted Gross, And Taxable Incomes, Matthew J. Barrett

Journal Articles

The tax benefit rule should be described to indicate that it applies to credits and exclusions besides deductions, and deduction recoveries should be reported in the same location as was affected initially. The recovery should not affect gross income, for the purpose of tax equity. The recovery should rather affect either taxable income or adjusted gross income. The IRS and the courts should adopt this new description and principles.

Sfas 109 Implications Of Selected Financial Accounting And Income Tax Developments, Carl W. Duyck, David W. Larue

William & Mary Annual Tax Conference

No abstract provided.