Taxation-Federal Commons^™

The Decline And Fall Of Taxable Income, Glenn E. Coven

Faculty Publications

No abstract provided.

The Taxation Of Employee Fringe Benefits, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

The Unfinished Business Of Section 1244: Removing The Remaining Traps, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.

The Installment Sales Revision Act Of 1980, Herbert J. Lerner

William & Mary Annual Tax Conference

No abstract provided.

Federal Income Taxation Of Exchanges In Partition Of Commonly Owned Property: Realization Vs. Realism, Jonathan D. Kaney, Jr.

Florida State University Law Review

No abstract provided.

The Windfall Profit Tax - An Overview., Barry R. Miller, Dan G. Easley

St. Mary's Law Journal

Abstract Forthcoming.

Accelerated Depreciation: A Proper Allowance For Measuring Net Income?!!, Walter J. Blum

Michigan Law Review

In a recent article in the Michigan Law Review, Douglas A. Kahn strives to demonstrate that, given the general postulates of the federal income tax, accelerated depreciation is a proper allowance for measuring net income and should not be classed as a tax expenditure. 1 His defense of accelerated depreciation is unusual if not novel, and his presentation is engaging. For anyone who shares my view that most tax expenditure stuff is mainly political rhetoric and who is sympathetic to my position that our tax system is far too harsh in taxing income from capital investments, a new plug for …

Accelerated Depreciation Revisited—A Reply To Professor Blum, Douglas A. Kahn

Articles

Professor Blum's comment addresses the proper or neutral tax treatment to be accorded three of the items discussed in my recent article on accelerated depreciation - namely, annuities, prepaid expenses, and exhaustible assets. Blum disputes my analysis in all three cases. While Blum's article is eminently readable, I do not believe that it refutes my earlier work to any extent. In this reply to Professor Blum, I will deal separately with each of the three items he examines. First, however, it is useful to consider the meaning of the term "tax neutrality" and to set forth my views as to …

Artists, Art Collectors And Income Tax, Alan L. Feld

Faculty Scholarship

The federal income tax law treats artists and art collectors differently. Similar transactions concerning artworks produce disparate income tax results, depending on whether they involve the artist or the collector. On balance, these results seem to favor the collector over the artist. But notwithstanding the dismay of some artists and their advocates, the differences in result flow, in the main, from the differences in the source of the taxpayer's investment in the work.

The collector buys the work with after-tax income. Any gain is properly treated as an investment return and is eligible for capital gain benefits.' The collector, however, …

Book Reviews, Lawrence M. Friedman, Allaire U. Karzon

Vanderbilt Law Review

The Politics of Justice: Lower Federal Judicial Selection and the Second Party System - Book Author: Kermit L. Hall; Book Reviewed by Lawrence M. Friedman

In The Politics of Justice, Kermit L. Hall, a history professor at Wayne State University, takes a look at the way Presidents from Jackson through Buchanan picked judges for the federal district courts and for the territories. There were 240 such appointments during the period studied...

There is something of a literature on the selection process,"although Hall's book does fill a rather glaring hole. The tale Hall tells rings true if we ignore a few …

The Continuing Saga Of Prepaid Feed Expense: The Fat Lady Has Not Sung, James D. Wright, Nancy E. Wright

Florida State University Law Review

No abstract provided.

Murry V. Commissioner, 601 F.2d 892 (5th Cir. 1979), Jorge E. Alvarez

Florida State University Law Review

Income Tax-CONDOMINIUM RECREATION FACILITIES-EXCESS RENTAL PAYMENTS TO OWNERS OF RECREATIONAL FACILITIES NOT INCLUDIBLE IN DEVELOPER'S SALES INCOME

Section 302(C)(2): Opportunities And Pitfalls, Michael A. Jones

Florida State University Law Review

No abstract provided.

Double Jeopardy Of Corporate Profits, The , Constantine N. Katsoris

Faculty Scholarship

The more one reads about our economy, the more one is baffled and alarmed. Permanent solutions to economic problems are elusive. Treating one financial malaise often aggravates another sector of the economy, necessitating a delicate balancing of conflicting interests. Furthermore, the problems are complicated by the constant influence of foreign forces. Nevertheless, most economists agree that any solution will require enormous funding. Unfortunately, the public has little, if any, confidence in our tax system. Indeed, some tax laws and proposals have been referred to as "obscene" and a "disgrace to the human race." Few quarrel with the aptness of such …

The Double Jeopardy Of Corporate Profits, Constantine N. Katsoris

Buffalo Law Review

No abstract provided.

The Alternative Minimum Tax: Proving Again That Two Wrongs Do Not Make A Right, Glenn E. Coven

Faculty Publications

No abstract provided.

Interest-Free Loans: The Odyssey Of A Misnomer, Kenneth F. Joyce, Louis A. Del Cotto

Journal Articles

No abstract provided.

Recent Developments

American Indian Law Review

No abstract provided.

Non-Real Estate Tax Shelters, Robert J. Hipple

William & Mary Annual Tax Conference

No abstract provided.

Congressional Sanction Of Illicit Cohabitation- The Tax Reform Act Of 1969, James L. Musselman

BYU Law Review

No abstract provided.

Federal Income Tax—Amoritization And The Expansion Sports Franchise—First Northwest Industries Of America, Inc. V. Commissioner, 70 T.C. 817 (1978), Roberta Reiff Katz

Washington Law Review

This note will first discuss past taxation practices of professional sports franchises. It will explain the "mass asset theory" as it has been applied to intangible assets outside the sports context and then examine the conflicting positions of the IRS and the Sonics as to the theory's applicability to the expansion franchise. Next, it will discuss the Tax Court's reasons for deciding not to apply the theory in First Northwest and suggest that the Ninth Circuit should similarly conclude that the theory is inappropriate in the context of expansion franchises. Finally, the note will explain the primary problem that results …

I.R.C. § 302(B)(1): Dividend Equivalency After United States V. Davis, Ronald L. Nelson

Florida State University Law Review

No abstract provided.

Issues In Federal, State, And Tribal Taxation Of Reservation Wealth: A Survey And Economic Critique, Russel Lawrence Barsh

Washington Law Review

This article will consider the most important Indian tax decisions, comparing the intended results of the decisions in the context of congressional Indian law with their probable economic consequences. Part II briefly reviews the main factors essential for proper economic evaluation of a tax. Part III critically surveys recent law of federal taxation of reservation wealth. Part IV similarly surveys and criticizes decisions regarding state taxation of reservation wealth. Part V offers alternate resolutions for state-Indian taxation disputes. In Part VI, the article proposes a framework for applying tax economics productively to the problem of meeting tribal revenue needs.

The Haitian Vacation: The Applicability Of Sham Doctrine To Year-End Divorces, Michigan Law Review

Michigan Law Review

This Note examines the propriety of applying the sham doctrine to tax-motivated divorces. Section I outlines the evolution of the sham doctrine from its exposition in Gregory v. Helvering through its expression in two different tests for commercial transactions. Section II then studies the relationship between state divorce law and the marital status provisions of the Internal Revenue Code to demonstrate the clear congressional preference for incorporating state law by reference rather than creating an independent federal law of marriage. It also examines the history of the 1969 Tax Reform Act in a vain effort to discern a congressional desire …

Reflections On Section 382: Searching For A Rationale, J. Clifton Fleming Jr.

BYU Law Review

No abstract provided.

Capital Gains And Losses: A Primer (Part Two), Thomas J. Gallagher, Jr.

Florida State University Law Review

No abstract provided.

Taxation Of Foreign-Earned Income In Kind: Henry Taxpayer Goes To Japan, Carole Silver Adler

Indiana Law Journal

No abstract provided.

A Source Of Revenue For The Improvement Of Legal Services, Part Ii: A Recommendation For The Use Of Clients' Funds Held By Attorneys In Non-Interest-Bearing Trust Accounts To Support Programs Of The Texas Bar Association And An Analysis Of The Federal Income Tax., Taylor S. Boone

St. Mary's Law Journal

Abstract Forthcoming.

Profits In Subrogation : An Insurer's Claim To Be More Than Indemnified, Jay S. Bybee

BYU Law Review

No abstract provided.

Capital Gains And Losses: A Primer (Part One), Thomas J. Gallagher, Jr.

Florida State University Law Review

No abstract provided.