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Taxation-State and Local Commons

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William & Mary Law School

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Articles 1 - 30 of 74

Full-Text Articles in Taxation-State and Local

Kaestner Fails: The Way Forward, Mitchell M. Gans Jul 2020

Kaestner Fails: The Way Forward, Mitchell M. Gans

William & Mary Business Law Review

This past term, the Supreme Court applied the Due Process Clause to prevent the states from closing down a tax strategy that employs out-of-state trusts. Many had hoped that the case would serve as a vehicle for the Court to overrule taxpayer-friendly precedents that make the strategy possible. But it failed. The question that emerges is whether the decision leaves the states with a path to address the strategy and thereby prevent it from being used to exacerbate issues of inequality. After examining the decision, this Article considers the options available to the states and then suggests a way forward.


A Progressive Federal Tax Credit For State Tax Payments, Eric Kades Jun 2017

A Progressive Federal Tax Credit For State Tax Payments, Eric Kades

Popular Media

No abstract provided.


The Not So “Fair” Marketplace Fairness Act And The Due Process And Commerce Clause Concerns It Raises, Michelle Chionchio Feb 2017

The Not So “Fair” Marketplace Fairness Act And The Due Process And Commerce Clause Concerns It Raises, Michelle Chionchio

William & Mary Business Law Review

States have reacted to the rise of Internet commerce as any governmental body would, with a “hungry eye” for increased tax revenue. Despite the Supreme Court’s holding in Quill, and constitutional limitations on state tax jurisdiction, states have developed their own nexus statutes that run afoul of the Court’s bright-line physical presence rule. What is more, “brick and mortar” establishments interested in “leveling the playing field” with their high-tech competition wholeheartedly support the states in their endeavor. In proposing the Marketplace Fairness Act (MFA), a bill intended to restore state sovereignty regarding sales and use tax laws, Congress too has …


Giving Credit Where Credit Is Due: Reducing Inequality With A Progressive State Tax Credit, Eric Kades Dec 2016

Giving Credit Where Credit Is Due: Reducing Inequality With A Progressive State Tax Credit, Eric Kades

Faculty Publications

No abstract provided.


Let My Trustees Go! Planning To Minimize Or Eliminate Virginia And Other State Income Taxes On Trusts (Powerpoint), Richard W. Nenno Nov 2016

Let My Trustees Go! Planning To Minimize Or Eliminate Virginia And Other State Income Taxes On Trusts (Powerpoint), Richard W. Nenno

William & Mary Annual Tax Conference

No abstract provided.


Let My Trustees Go! Planning To Minimize Or Eliminate Virginia And Other State 12 Income Taxes On Trusts (Outline), Richard W. Nenno Nov 2016

Let My Trustees Go! Planning To Minimize Or Eliminate Virginia And Other State 12 Income Taxes On Trusts (Outline), Richard W. Nenno

William & Mary Annual Tax Conference

No abstract provided.


The Enigma Of Wynne, Edward A. Zelinsky Apr 2016

The Enigma Of Wynne, Edward A. Zelinsky

William & Mary Business Law Review

The five-justice Wynne majority used that case to make a major statement about the dormant Commerce Clause. In many respects, Wynne is an enigma that perpetuates an inherent problem of the Court’s dormant Commerce Clause doctrine: the Court declares some ill-defined taxes as unconstitutionally discriminatory because they encourage in-state investment, while other economically equivalent taxes and government programs that similarly encourage intrastate economic activity are apparently acceptable under the dormant Commerce Clause.

Wynne is thus more important than the immediate situation it addresses, and will have consequences beyond the immediate circumstances it addresses. A decision as enigmatic as it is …


Recent Developments In Virginia Taxation, Craig D. Bell, William L.S Rowe Nov 2015

Recent Developments In Virginia Taxation, Craig D. Bell, William L.S Rowe

William & Mary Annual Tax Conference

No abstract provided.


Advising Venture & Early-Stage Clients: Current Ear-To-The-Ground Assessment, Gary D. Leclair Nov 2014

Advising Venture & Early-Stage Clients: Current Ear-To-The-Ground Assessment, Gary D. Leclair

William & Mary Annual Tax Conference

No abstract provided.


Recent Tax Developments In Virginia: 2013-2014, Craig D. Bell, William L.S Rowe Nov 2014

Recent Tax Developments In Virginia: 2013-2014, Craig D. Bell, William L.S Rowe

William & Mary Annual Tax Conference

No abstract provided.


Recent Developments In Virginia Taxation, Craig D. Bell, William L.S Rowe Nov 2013

Recent Developments In Virginia Taxation, Craig D. Bell, William L.S Rowe

William & Mary Annual Tax Conference

No abstract provided.


Recent Tax Developments In Virginia: 2011-2012, William L.S Rowe, Craig D. Bell Nov 2012

Recent Tax Developments In Virginia: 2011-2012, William L.S Rowe, Craig D. Bell

William & Mary Annual Tax Conference

No abstract provided.


Going Big: Update On States Seeking To Expand Tax Jurisdiction, Tax Base And Enforcement, Jeffrey A. Friedman, Richard Pomp Nov 2011

Going Big: Update On States Seeking To Expand Tax Jurisdiction, Tax Base And Enforcement, Jeffrey A. Friedman, Richard Pomp

William & Mary Annual Tax Conference

No abstract provided.


Recent Developments In Virginia Taxation, Craig D. Bell, William L.S. Rowe Nov 2011

Recent Developments In Virginia Taxation, Craig D. Bell, William L.S. Rowe

William & Mary Annual Tax Conference

No abstract provided.


Recent Developments In Virginia Taxation, Craig D. Bell, William L.S. Rowe Nov 2010

Recent Developments In Virginia Taxation, Craig D. Bell, William L.S. Rowe

William & Mary Annual Tax Conference

No abstract provided.


The Virginia Historic Tax Credit Funds Case And The Uncertain Federal Income Tax Treatment Of State Tax Credits, William F. Machen Nov 2009

The Virginia Historic Tax Credit Funds Case And The Uncertain Federal Income Tax Treatment Of State Tax Credits, William F. Machen

William & Mary Annual Tax Conference

No abstract provided.


Recent Developments In Virginia Taxation: The Present And The Future?, Craig D. Bell, William L.S Rowe Nov 2009

Recent Developments In Virginia Taxation: The Present And The Future?, Craig D. Bell, William L.S Rowe

William & Mary Annual Tax Conference

No abstract provided.


Hot Topics In Virginia Taxation - The Present And The Future?, Craig D. Bell, William L.S. Rowe Nov 2008

Hot Topics In Virginia Taxation - The Present And The Future?, Craig D. Bell, William L.S. Rowe

William & Mary Annual Tax Conference

No abstract provided.


Recent Tax Developments In Virginia: 2006-2007, Craig D. Bell, William L.S. Rowe Nov 2007

Recent Tax Developments In Virginia: 2006-2007, Craig D. Bell, William L.S. Rowe

William & Mary Annual Tax Conference

No abstract provided.


State Income Tax Examinations Of S Corporations, Partnerships, And Their Owners, D. French Slaughter Iii Nov 2006

State Income Tax Examinations Of S Corporations, Partnerships, And Their Owners, D. French Slaughter Iii

William & Mary Annual Tax Conference

No abstract provided.


Hot Topics In Virginia Taxation: The Present And The Future?, Craig D. Bell, William L.S. Rowe Nov 2006

Hot Topics In Virginia Taxation: The Present And The Future?, Craig D. Bell, William L.S. Rowe

William & Mary Annual Tax Conference

No abstract provided.


The Changing Culture Of American Land Use Regulation: Paying For Growth With Impact Fees, Ronald H. Rosenberg Jan 2006

The Changing Culture Of American Land Use Regulation: Paying For Growth With Impact Fees, Ronald H. Rosenberg

Faculty Publications

No abstract provided.


Hot Topics In Virginia Taxation: The Present And The Future?, Craig D. Bell, William L.S. Rowe Nov 2005

Hot Topics In Virginia Taxation: The Present And The Future?, Craig D. Bell, William L.S. Rowe

William & Mary Annual Tax Conference

No abstract provided.


Recent Tax Developments In Virginia: 2003-2004, William L.S. Rowe, Mark C. Van Deusen Nov 2004

Recent Tax Developments In Virginia: 2003-2004, William L.S. Rowe, Mark C. Van Deusen

William & Mary Annual Tax Conference

No abstract provided.


What's Hot In Virginia Taxation?, Craig D. Bell Nov 2004

What's Hot In Virginia Taxation?, Craig D. Bell

William & Mary Annual Tax Conference

No abstract provided.


Recent Tax Developments In Virginia: 2002-2003, William L.S. Rowe Nov 2003

Recent Tax Developments In Virginia: 2002-2003, William L.S. Rowe

William & Mary Annual Tax Conference

No abstract provided.


Abandoned And Unclaimed Property: The New Virginia Statute, Robert G. Mcelroy Nov 2003

Abandoned And Unclaimed Property: The New Virginia Statute, Robert G. Mcelroy

William & Mary Annual Tax Conference

No abstract provided.


The Neglected Value Of The Legislative Privilege In State Legislatures, Steven F. Huefner Oct 2003

The Neglected Value Of The Legislative Privilege In State Legislatures, Steven F. Huefner

William & Mary Law Review

Forty-three state constitutions contain a provision, analogous to the U.S. Constitution's Speech or Debate Clause (Article I, Section 6, Clause 1), granting state legislators a legal privilege in connection with their legislative work. While some of these states' provisions have never been applied, recent judicial interpretations in other states have departed from settled federal interpretations of the legislative privilege, failing to apply it broadly to protect the legislative process and instead unduly favoring ideals of open government. This Article defends the value of a broad constitutional privilege for state legislators to protect the integrity of the deliberative process, and presents …


State Income Tax Jurisdiction: A Jurisprudential And Policy Perspective, John A. Swain Oct 2003

State Income Tax Jurisdiction: A Jurisprudential And Policy Perspective, John A. Swain

William & Mary Law Review

No abstract provided.


Current Developments In Multistate Taxation, John Galloway, D. French Slaughter Iii Nov 2001

Current Developments In Multistate Taxation, John Galloway, D. French Slaughter Iii

William & Mary Annual Tax Conference

No abstract provided.