Taxation-State and Local Commons^™

State Income Taxation Of Multijurisdictional Corporations: Reflections On Mobil, Exxon, And H.R. 5076, Walter Hellerstein

Scholarly Works

The state tax field is experiencing a renaissance of sorts. The Supreme court has displayed a renewed interest in the area, handing down an unusual number of significant decisions addressed to the constitutional restraints on state tax power. State courts have exhibited a similar revival of interest in these problems through an outpouring of uncharacteristically thoughtful opinions concerning state taxation of multistate and multinational enterprise. Congress, whose concern with state taxation of interstate and foreign commerce has been sporadic, is again considering legislation that would limit state taxing authority in these domains. Even the executive branch, which seldom intervenes in …

State Income Taxation Of Multijurisdictional Corporations: Reflections On Mobil, Exxon, And H.R. 5076, Walter Hellerstein

Scholarly Works

The state tax field is enjoying a renaissance of sorts. The Supreme Court has displayed a renewed interest in the area, handing down an unusual number of significant decisions addressed to the constitutional restraints on state tax power. State courts have exhibited a similar revival of interest in these problems through an out-pouring of uncharacteristically thoughtful opinions concerning state taxation of multistate and multinational enterprise. Congress, whose concern with state taxation of interstate and foreign commerce has been sporadic, is again considering legislation that would limit state taxing authority in these domains.

Even the executive branch, which seldom intervenes in …

Towards Solving The Double Taxation Dilemma Among Florida's Local Governments: The Municipal Service Taxation Unit, Katherine A. Emrich

Florida State University Law Review

No abstract provided.

Truth Or Consequences: Florida Opts For Truth In Millage In Response To The Proposition 13 Syndrome, Steve Pajcic, Vicki Weber, James Francis

Florida State University Law Review

No abstract provided.

West Virginia's Generation Of Electricity Tax: Is It Valid After Snead, Thodore H. Ghiz Jr.

West Virginia Law Review

No abstract provided.

Changing Concepts In The Ad Valorem Severance Taxation Of Coal In West Virginia, John Kent Dorsey

West Virginia Law Review

No abstract provided.

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

St. Mary's Law Journal

Abstract Forthcoming.

A Review Of Property Taxation In Oregon And Report On State Measure No. 5 "Continues Tax Reduction Program", City Club Of Portland (Portland, Or.)

City Club of Portland

No abstract provided.

Local Taxes, Federal Courts, And School Desegregation In The Proposition 13 Era, Michigan Law Review

Michigan Law Review

This Note examines a federal court's dilemma when the remedy of school desegregation collides with the trend of tax limitation - when a school desegregation order requires funds that the local school authorities do not have and cannot raise. Can the district court order a local tax levy to fund school desegregation when the school authorities have already reached their maximum taxing limit? Is there a better alternative remedy?

To tackle those questions, this Note first elucidates three equitable principles to guide courts in fashioning desegregation decrees. It then explores the history of judicial power to order state and local …

State Taxation Of Income Earned Beyond Its Borders: Allocation And Apportionment Of Unitary Business Income In Florida, Fred F. Harris, Jr.

Florida State University Law Review

No abstract provided.

The Retail Sales Tax: Shall The Value Of Retailers' Coupons Be Included In The Basis For Computation, 13 J. Marshall L. Rev. 717 (1980), Scott J. Horne

UIC Law Review

No abstract provided.

A Fact Book On Proposition 2 1/2, Padraig O'Malley

Center for Studies in Policy and the Public Interest Publications

In this age of inflation many tax reduction plans have been proposed throughout the nation. This November Massachusetts voters will vote on Proposition 2 1/2 - a tax reduction proposal sponsored by a coalition of citizens.

This booklet describes the costs and benefits of Proposition 2 1/2 in an objective way, so that you can make an informed decision when you cast your vote. The University of Massachusetts' Center for Studies in Policy and the Public Interest and the Massachusetts Cooperative Extension Service believe that when you have access to unbiased information you will make better decisions and participate more …

Can Tax Policy Be Used To Stimulate Economic Development?, Richard Pomp, Sandra Kanter, Kenneth D. Simonson, Roger Vaughan

Faculty Articles and Papers

These remarks were prepared for the Multistate Tax Commission’s State and Local Business Tax Symposium at American University. The panel addressed the pressure on state and local officials to adopt tax incentives to prevent businesses from leaving their jurisdiction or to attract new business. The panel questions whether firms actually choose their location based on state and local taxation, or whether tax incentives are simply a result of political pressure. Further issues raised were the effect of property taxation on the price of land and whether revenue forgone by tax incentives is proportional to the benefits received. Equity concerns are …

What Is Happening To The Property Tax?, Richard Pomp

Faculty Articles and Papers

An important change may be taking place in the distribution of the property tax. Residential property is seemingly paying an increasing share of the property tax, whereas commercial, industrial, and agricultural properties are paying less.

This article identifies the trends responsible for the potential property tax burden shift. Numerous property tax reforms may have contributed to the erosion of the property tax. These reforms include: (1) administrative improvements, (2) modern assessment tools to achieve uniformity, (3) attempts to equalize assessments, (4) property tax abatements, (5) exemptions for personal property, and (6) exemptions for livestock and farm equipment. The article proposes …

State Taxation Of Unitary Businesses , Peter G. Chen

Fordham Urban Law Journal

The income taxation of multistate businesses has created problems for tax administrators, primarily with regard to the question of how to divide the income taxation amongst the multiple states. To address this, the concepts of unitary business and formula apportionment have been created. However, the non-uniform state taxation practices create difficulties even with the existence of these concepts. Some states have adopted the Multistate Tax Compact, but for it to be completely effective there still must be a uniform view adopted on what constitutes a unitary business. This note examines the constitutional issues attendant to developing a standard definition of …

Kentucky Law Survey: Kentucky Taxation, Stephen J. Vasek Jr., C. Craig Bradly Jr.

Law Faculty Scholarly Articles

Certainly the most publicized developments in Kentucky tax law during the current survey period were those legislative reforms adopted by the special session of the Kentucky General Assembly in early 1979. Responding to demands for relief from rising tax burdens, the legislature enacted H.B. 44 to limit the impact of inflation on property taxes. These legislative changes were part of a nationwide wave of tax reform proposals engendered by voter approval of California's Proposition Thirteen in June, 1978. In addition to H.B. 44, this article will examine selected judicial decisions involving the taxation of intercorporate dividends, the sales and use …

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 …

Kentucky Law Survey: Kentucky Taxation, Stephen J. Vasek Jr., C. Craig Bradley Jr.

Kentucky Law Journal

No abstract provided.

What About Colville?, Bess Lee Chen

American Indian Law Review

No abstract provided.

Recent Developments

American Indian Law Review

No abstract provided.

Taxation: State Taxation Of Indian Transactions: The Test After Colville, White Mountain Apache, And Central Machinery, Landon Westbrook

American Indian Law Review

No abstract provided.

California's Contributions To State And Local Taxation, Frank M. Keesling

BYU Law Review

No abstract provided.

Roden V. K & K Land Management, Inc., 368 So. 2d 588 (Fla. 1978), James H. Burgess, Jr.

Florida State University Law Review

Ad Valorem Taxation-AGRICULTURAL CLASSIFICATIONS-THE CONTINUING PREFERENTIAL TAX TREATMENT ACCORDED THE FLORIDA LAND SPECULATOR

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.

A Municipality's Interest In An Electrical Power Generating Facility : Some Tax Considerations, Dale C. Hatch

BYU Law Review

No abstract provided.

The Effects Of Selected Tax Reform And School Finance Proposals On The Equalizing Tendencies Of State Aid To Michigan Public School Districts, Dorothy R. Hildebrand

Dissertations

Problem. The purpose of this study was to determine the effects selected tax reform and school finance proposals would have on the equalizing tendencies of state aid to Michigan school districts. The study focused on nine finance revisions as follows: The Tisch proposal which would make 50 percent cuts in all real property values; the Siljander proposal which would make 60 percent cuts in the value of some classifications of real property; two variations of the Tisch and Siljander proposals which would specify even larger reductions in property values than the original proposals; two variations of the Siljander proposal which …

Seattle School District No. 1 V. State--Demise Of The Pygmy, Warren C. Thompson Iii

Seattle University Law Review

This Comment discusses how the Washington Supreme Court's holdings regarding the constitutionality of the Washington system of funding grade school education through state funds and local property tax levies.

Tax Exempt Property And The Cities: Striking A Balance, Richard Pomp

Faculty Articles and Papers

All states grant a property tax exemption to certain non-profit organizations. Tax-exempt property further erodes many cities’ tax bases. Connecticut has recently adopted legislation in an attempt to solve this problem. This legislation, proposed by Professor Richard D. Pomp, provides municipalities with state subsidies for property taxes lost due to tax-exempt hospitals and colleges.

This article is the reprinted testimony of Professor Pomp before the Connecticut State Finance Committee. Professor Pomp outlines the proliferation of tax-exempt property in Connecticut, which contributes to forgone revenue for major cities. Tax-exempt property not only results in diminished tax revenue, but also imposes additional …

Kentucky Law Survey: Kentucky Taxation, Frederick W. Whiteside Jr., John R. Harman

Kentucky Law Journal

No abstract provided.

Hughes V. Oklahoma: The Court, The Commerce Clause, And State Control Of Natural Resources, Walter Hellerstein

Scholarly Works

The Supreme Court's recent Commerce Clause opinions reflect an apparent effort to rationalize and modernize the analytical framework for delineating the implied restraints that the Clause imposes on state legislation. In the state tax field, the Court has articulated a coherent set of criteria controlling the validity of state taxes on interstate commerce and has discarded doctrine inconsistent with these standards. In the state regulatory context, the Court has likewise enunciated meaningful decisional principles governing the constitutionality of state regulations affecting interstate commerce and has applied them without substantial concern for their impact on its precedents of an earlier era. …