Home-Country Effects Of Corporate Inversions, 2015 University of Florida Levin College of Law
Home-Country Effects Of Corporate Inversions, Omri Y. Marian
UF Law Faculty Publications
This Article develops a framework for the study of the unique effects of corporate inversions (meaning, a change in corporate residence for tax purposes) in the jurisdictions from which corporations invert ("home jurisdictions"). Currently, empirical literature on corporate inversions overstates its policy implications. It is frequently argued that in response to an uncompetitive tax environment, corporations may relocate their headquarters for tax purposes, which, in turn, may result in the loss of positive economic attributes in the home jurisdiction (such as capital expenditures, research and development activity, and high-quality jobs). The association of tax-residence relocation with the dislocation of meaningful …
Standing Issues In Tax Litigation, 2015 Florida State University College of Law
Standing Issues In Tax Litigation, Steve R. Johnson
Scholarly Publications
No abstract provided.
The Nature Of A Parent-Subsidiary Relationship Determines How To Allocate A Refund In A Tax Sharing Agreement, 2015 St. John's University School of Law
The Nature Of A Parent-Subsidiary Relationship Determines How To Allocate A Refund In A Tax Sharing Agreement, Samuel Cushner
Bankruptcy Research Library
(Excerpt)
Often, a parent corporation and its subsidiaries will file a consolidated tax return because it comes with many benefits, such as being able to offset gains and losses and deferring tax consequences for sales between consolidated groups. The parent corporation and the subsidiaries will often enter into a tax sharing agreement, which will determine each entity’s respective tax liability. In the event that a refund is issued, the tax sharing agreement will usually dictate how to allocate the refund amongst the parent and the subsidiaries.
A tax sharing agreement is “an agreement among members of an affiliated group of …
Merger Is Indirect Gift In Cavallaro, 2015 Saint Louis University School of Law
Merger Is Indirect Gift In Cavallaro, Kerry A. Ryan
All Faculty Scholarship
In Cavallaro v. Commissioner, the Tax Court held that a merger of two family-owned businesses resulted in a substantial taxable gift. The taxpayers avoided penalties by demonstrating that they relied in good faith on the mistaken advice of competent tax advisers.
Effective Client Selection In Transactional Clinics, 2015 UC Hastings College of the Law
Effective Client Selection In Transactional Clinics, Manoj Viswanathan
Faculty Scholarship
No abstract provided.
The Historical Origins Of The Debt-Equity Distinction, 2015 Allard School of Law at the University of British Columbia
The Historical Origins Of The Debt-Equity Distinction, Camden Hutchison
All Faculty Publications
The U.S. tax code favors corporate debt over corporate equity, a distinction long criticized by economists, legal scholars, and other tax commentators as both theoretically and practically unsound. For decades, academics and policymakers from a variety of disciplinary and political backgrounds have argued that this so-called “debt-equity distinction” distorts corporate financing decisions, encourages excess borrowing, and invites troublesome tax-avoidance behavior. Surprisingly, despite widespread critical attention, the origins of this policy remain a mystery. Primarily focused on its contemporary significance, scholars have disregarded the distinction’s past. This article uses historical evidence to trace the debt-equity distinction’s origins, development, and continuing evolution. …
U.S. Tax Imperialism, 2015 Seattle University School of Law
U.S. Tax Imperialism, Diane Lourdes Dick
Faculty Articles
This article uses historical and legal analysis to demonstrate how U.S. domination over Puerto Rico's tax and fiscal policies has been the centerpiece of a colonial system and an especially destructive form of economic imperialism. Specifically, this article develops a novel theory of U.S. tax imperialism in Puerto Rico, chronicling the sundry ways in which the United States has used tax laws to exert economic dominance over its less developed island colony. During the colonial period, U.S. officials wrote and revised Puerto Rican tax laws to serve U.S. economic interests. In more recent years, U.S. tax laws have disadvantaged Puerto …
U.S. Tax Imperialism In Puerto Rico, 2015 Seattle University
U.S. Tax Imperialism In Puerto Rico, Diane Lourdes Dick
American University Law Review
No abstract provided.
Northwestern Football And College Athletes: Be Careful What You Wish For, 49 J. Marshall L. Rev. 655 (2015), 2015 UIC School of Law
Northwestern Football And College Athletes: Be Careful What You Wish For, 49 J. Marshall L. Rev. 655 (2015), Patrick Johnston
UIC Law Review
This comment analyzes the arguments the Northwestern University football team have made to the NLRB and discuss potential adverse tax consequences to the Players as a result of those arguments.
Taxation And Inequality In Canada And The United States: Two Stories Or One?, 2015 Osgoode Hall Law School of York University
Taxation And Inequality In Canada And The United States: Two Stories Or One?, Richard M. Bird, Eric M. Zolt
Osgoode Hall Law Journal
Canada and the United States have both experienced a substantial increase in income inequality over the last several decades. In this article, we examine the complex interaction of income inequality with tax and transfer systems in Canada and the United States. We begin by comparing the data on taxation and expenditure to understand the similarities and differences between the two countries. We then consider how changes to tax and transfer policies have affected the levels of inequality in both countries. The article concludes by offering some policy recommendations that each country may consider to address the increasing levels of inequality.
Sustainable Finance - A Blueprint For Severance Taxes In The Marcellus Shale, 2015 University of Kentucky
Sustainable Finance - A Blueprint For Severance Taxes In The Marcellus Shale, Ryan Pulver
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Defining A Country's "Fair Share" Of Taxes, 2015 Washington University School of Law
Defining A Country's "Fair Share" Of Taxes, Adam H. Rosenzweig
Florida State University Law Review
The international tax regime is facing a defining moment. As stories of multinational companies expatriating and shifting income around the world with seeming impunity continue to emerge, the question of how to divide the international tax base among the countries of the world increasingly draws attention from policy-makers and academics. To date, however, the debate has tended to devolve into one over the two traditional tools used to divide worldwide tax base—transfer pricing and formulary apportionment. This Article demonstrates that such focus is misplaced on the instruments of dividing the worldwide tax base rather than on first principles. Instead, this …
Net Operating Losses And Mistakes In Closed Tax Years, 2015 James R. Gadwood is a tax associate at Sullivan & Cromwell LLP
Net Operating Losses And Mistakes In Closed Tax Years, James R. Gadwood
NYLS Law Review
No abstract provided.
Change And Continuity In Fringe Benefit Taxation: Seeking Sense And Sensibility, 2015 Peer and Sarah Pedersen Professor of Law at the University of Illinois at Urbana-Champaign
Change And Continuity In Fringe Benefit Taxation: Seeking Sense And Sensibility, Richard L. Kaplan, Dawson J. Price
NYLS Law Review
No abstract provided.
The Need For Tax Reform: Schedule K-1 Document Matching Program And Effective Revenue Collection, 2015 Dr. Valeriya Avdeev is an assistant professor at Cotsakos College of Business, William Paterson University, Wayne, New Jersey
The Need For Tax Reform: Schedule K-1 Document Matching Program And Effective Revenue Collection, Valeriya Avdeev
NYLS Law Review
No abstract provided.
Taxes, The Problem And Solution: A Model For Vanishing Deductions And Exclusions For Residence-Based Tax Preferences, 2015 Associate Professor of law at Florida Agricultural & Mechanical University College of Law
Taxes, The Problem And Solution: A Model For Vanishing Deductions And Exclusions For Residence-Based Tax Preferences, Phyllis C. Taite
NYLS Law Review
No abstract provided.
Who Invented The Single Tax Principle?: An Essay On The History Of U.S. Treaty Policy, 2015 Irwin I. Cohn Professor of Law at the University of Michigan
Who Invented The Single Tax Principle?: An Essay On The History Of U.S. Treaty Policy, Reuven S. Avi-Yonah
NYLS Law Review
No abstract provided.
Reporting Loss Transactions: Too Much Of A Good Thing, 2015 Partner at Kostelanetz & Fink, LLP
Reporting Loss Transactions: Too Much Of A Good Thing, Megan L. Brackney
NYLS Law Review
No abstract provided.
The Charitable Contributions Deduction: Federal Tax Rules, 2015 The Catholic University of America, Columbus School of Law
The Charitable Contributions Deduction: Federal Tax Rules, Roger Colinvaux, Harvey P. Dale
Scholarly Articles
This article provides a succinct overview of the main federal income tax law rules affecting charitable contributions. his Article covers all principal topics, including: eligibility to receive deductible contributions, eligible gifts, the amount allowed as a deduction, the specific rules for gifts of non-cash property, contributions to certain split-interest trusts, substantiation rules, and valuation. his Article also touches on the estate and gift tax charitable deduction and provides a survey of select policy issues, including the rationale and form of the tax benefit, concerns about efficiency, the ability to deduct the appreciation in value of property, a non-itemizer deduction, and …
The Rise And Fall Of Chevron In Tax: From The Early Days To King And Beyond, 2015 Florida State University College of Law
The Rise And Fall Of Chevron In Tax: From The Early Days To King And Beyond, Steve R. Johnson
Scholarly Publications
No abstract provided.