Taxation-Federal Commons^™

The Ab (Abc) And Ba Transactions: An Economic And Tax Analysis Of Reserved And Carved Out Income Interests, Kenneth F. Joyce, Louis A. Del Cotto

Journal Articles

No abstract provided.

The Tax Consequences Of Inter Vivos Charitable Contributions After December 31, 1969 Under Section 170, Olin R. Melchionna Jr.

University of Richmond Law Review

To give and live to give again has always been the American way. Traditionally, Americans contribute to those charitable institutions and associations which effectuate their benevolent, philanthropic desires. Many individuals believe the funding of charitable institutions should be primarily by direct contributions from the private sector as opposed to federal and state government subsidies. This view is supported by the federal income, I gift and estate tax deductions.

Limiting Religious Tax Exemptions: When Should The Church Render Unto Caesar?, Stephen Schwarz

Faculty Scholarship

No abstract provided.

Limitations On The Interest Deduction, Dennis P. Bedell

William & Mary Annual Tax Conference

No abstract provided.

The Judicial Public Policy Doctrine In Tax Litigation, Michigan Law Review

Michigan Law Review

This Note evaluates the merits of Revenue Ruling 74-323. First, it asserts that, while not arbitrary, the Service's resolution of the preemption issue was not mandated by the language of amended section 162 or by the relevant legislative history. Second, it maintains that it is both appropriate and procedurally feasible to apply the judicial public policy doctrine to violations of federal civil rights laws that impose no fine, imprisonment, loss of license, or other criminal penalty. The denial of a deduction in this situation would extend the public policy doctrine beyond both section 162(c)(2) and the judicial doctrine as it …

Moe V. Confederated Salish And Kootenai Tribes Of Flathead Reservation, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Fisher V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Federal Income Taxation--Accumulated Earning Tax--Valuation Of Marketable Securities For Purpose Of Determining Liability For Accumulated Earnings Tax--Ivan Allen Co. V. United States, Jon D. Anderson

BYU Law Review

No abstract provided.

Federal Income Taxation--Investment Tax Credit--Exclusion Of "Buildings" From The Investment Tax Credit--Thirup V. Commissioner

BYU Law Review

No abstract provided.

The Home Office Deduction Revisited With A New Test Under Bodzin V. Commissioner

Washington and Lee Law Review

No abstract provided.

Charitable Remainder Trusts: A Study Of Current Problems, Anthon S. Cannon Jr.

BYU Law Review

No abstract provided.

Federal Income Taxation--Deductibility Of Construction-Related Depreciation--Commissioner V. Idaho Power Co.

BYU Law Review

No abstract provided.

Federal Income Taxation: The Effect Of Condemnation On Property Held Primarily For Sale To Customers In The Ordinary Course Of The Taxpayer's Business, Nancy Kane Hall

Loyola University Chicago Law Journal

No abstract provided.

Estate And Gift Taxation, Douglas A. Kahn

Book Chapters

ANSWERING TAX EXAMINATION QUESTIONS

The key to writing a successful answer to a tax question (as with any law exam) is to locate the relevant issues and to analyze them by interrelating applicable legal principles with the basic facts of the question. This determination of relevant issues must be tied to the facts presented in the question.

The first step in question analysis is to read the facts closely and note each element in the facts that is relevant to issues you have studied in the subject being tested since it is likely that the examiner intended that those issues …

Real Property: For Connoisseurs Of The Preposterous - When Is It A Capital Asset, Michael S. Weiner

Cleveland State Law Review

The tax approach to profit realized from the sale or exchange of real property involves a complex determination of whether it is to be treated as ordinary income or a capital gain. This problem has plagued the practitioner for more than fifty years, and has produced a voluminous body of case law. Developments in recent years have resulted in some clarification, yet to a certain extent, decisions have merely complicated what was already complex.

Reorganization Of Savings And Loan Associations Under Section 368-A Return To The "Continuity Of Interest" Test

Washington and Lee Law Review

No abstract provided.

A Definition Of "Liabilities" In Code Sections 357 And 358(D), Douglas A. Kahn, Dale A. Oesterle

Articles

Internal Revenue Code section 351(a) provides that no gain or loss shall be recognized if property is transferred to a corporation solely in exchange for its stock or securities and the transferors control the corporation immediately after the exchange. If, in addition to receiving stock or securities in an exchange that would otherwise qualify for section 351 treatment, a transferor receives other property or money -- "boot" -- any realized gain is recognized up to the amount of the money and the fair market value of the other property received. The transferee corporation's assumption of the transferor's liabilities or its …

Assessing The Distributional Effects Of Income Tax Revision: Some Lessons From Incidence Analysis, Michael J. Graetz

Faculty Scholarship

In recent years public attention to issues of tax equity has increased dramatically. The testimony in January 1969 of outgoing Secretary of the Treasury Joseph Barr that 154 individuals who had adjusted gross incomes of more than $200,000 in 1966 paid no federal income tax intensified public awareness and concern about the equity of the tax system. Tax reform has remained a central issue of public policy.

At the same time, scholars working in the tax field have refined their methods of analyzing the impact on individuals and classes of individuals of tax laws and tax changes. Theoretical advances in …

Revocable, Irrevocable, & Short Term Trusts, Don W. Llewellyn

William & Mary Annual Tax Conference

No abstract provided.

New Incentives For Middle Class Philanthropy: Radical Funding For The Public Good, Samuel M. Loescher

IUSTITIA

The recent expansions in membership and budget of the American Civil Liberties Union and, even more dramatically, the explosive funding by mail of newly-founded Common Cause and Public Citizen, all suggest the presence of evolutionary forces at work in the American political economy that are encouraging a renewal of middle class associations to monitor powerful institutions and to advocate in behalf of the relatively powerless.

The rash of whistle-blowing disclosures of citizen professionals which have alerted us to the multi-billion dollar wastage on C-5As and attack carriers, the existence of My-Lais, the military assemblage of dossiers on 30 million civilians, …

Section 357(C): Some Observations On Tax Effects To The Cash Basis Transferor, Louis A. Del Cotto

Buffalo Law Review

No abstract provided.

The Newcombe Test For Allowing Depreciation On A Converted Residence-A Procrustean Reliance On Statutory Language

Washington and Lee Law Review

No abstract provided.

The Exclusive Nature Of Internal Revenue Code Section 1235: A Forgotten Congressional Policy

Washington and Lee Law Review

No abstract provided.

Constructive Cash Distributions In A Partnership: How And When They Occur, Robert S. Parker Jr., John W. Lee

Faculty Publications

Constructive cash distributions to partners with possible concomitant severe tax impact can occur whenever a partners share of firm or individual liabilities is cut. This reduction of liabilities can be triggered by a variety of typical partnership transactions. Messrs. Parker arid Lee analyze those transactions under which there is the danger of unforeseen taxation and urge extreme caution.

Involuntary Conversions And § 337 Of The Internal Revenue Code

Washington and Lee Law Review

No abstract provided.

The "Active Business" Test Of § 355: Implications Of A Trilogy Of Revenue Rulings, John W. Lee

Washington and Lee Law Review

No abstract provided.

The Taxability Of Educational Grants

Washington and Lee Law Review

No abstract provided.

Basic Corporate Taxation, Stefan F. Tucker

Michigan Law Review

A Review of Basic Corporate Taxation, 2d Ed. by Douglas A. Kahn

The Feasibility Of Adjusting For Inflation In Computing Taxable Income, Dwight Drake

Washington Law Review

This Comment discusses the effect inflation (and deflation) has upon the measurement of taxable income, concluding, in short, that the present standard of measuring income for income tax purposes would be much more equitable if, instead of focusing solely upon the number of dollars received, it accounted for changes in the value of the dollar (as measured by a price index or price indices) by considering the purchasing power of the dollars received. In times of high inflation and in more stable times as well, this new standard for measuring taxable income would have a profound impact on the relative …

Implications Of Minority Interest And Stock Restrictions In Valuing Closely-Held Shares, Alan L. Feld

Faculty Scholarship

The federal estate and gift taxes levy on the gratuitous transfer of wealth by both testamentary and lifetime disposition. The amount of the tax depends on the value placed on the property transferred by the decedent or donor. When the property transferred consists of shares of stock in a closely held corporation, there often exists no ready market to help in valuation. As a result, the value of the shares used to compute the federal estate or gift tax must be determined first by appraising the value of the enterprise, and then by allocating some portion of that value to …