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Doug Kahn: Class Master, Dennis E. Ross 2016 University of Michigan Law School

Doug Kahn: Class Master, Dennis E. Ross

Michigan Business & Entrepreneurial Law Review

Doug has always been a bit of a departure from the professorial norm. Teaching for Doug was no accommodation to the job, no activity collateral to his true ambition, but rather an openly genuine attempt to engage his students and pull them into a subject that he obviously loved. His evident joy when in front of a class closed any distance with his students, no small feat considering the subject matter. Tax is forbidding territory for many, and Doug was justifiably known for his refusal to dumb the material down. Thus, much of his class may have been there reluctantly, …


Doug Kahn - A Personal Appreciation, Patricia D. White 2016 University of Miami School of Law

Doug Kahn - A Personal Appreciation, Patricia D. White

Michigan Business & Entrepreneurial Law Review

Doug Kahn has a booming laugh and an infectious enthusiasm for his subject. I am one of the legions of students who were infected by the tax bug—thanks to Doug. It is appropriate that, on the occasion of his retirement, some of us who were most infected reflect on Doug’s influence in our lives. In my case this is easy. I owe the basic contours of my career to Doug. I graduated from Michigan Law in 1974. Times were different then. I graduated never having had a female instructor. There were no women on the faculty. Only thirteen percent of …


Book Review: International Tax Planning. By Barry Spitz. London, England: Butterworth & Co. Ltd., 1972. Pp. Xxiii, 159. $12.15 (U.S.)., Donald O. Clark 2016 McClain, Mellen, Bowling & Hickman

Book Review: International Tax Planning. By Barry Spitz. London, England: Butterworth & Co. Ltd., 1972. Pp. Xxiii, 159. $12.15 (U.S.)., Donald O. Clark

Georgia Journal of International & Comparative Law

No abstract provided.


Replacing Havoc: Creating Rules For Sovereign Default, Edward J. Kelley 2016 Cleveland-Marshall College of Law

Replacing Havoc: Creating Rules For Sovereign Default, Edward J. Kelley

Cleveland State Law Review

Sovereign debt is an ongoing threat to a State’s economic stability and its citizens’ standard of living. A single occurrence of default begins a cycle in which it becomes increasingly more difficult for an indebted State to pay its debts and ensure the survival of its citizens. Because central banking systems and direct spending are often inadequate methods to boost an indebted State’s economy, a more expansive solution to sovereign debt is required. The initial solution to the growing problem of sovereign debt is an international treaty that will allow the world economy to establish monitoring mechanisms to prevent debt …


Federal Taxation Of State Tax Credits, Alan L. Feld 2016 Boston Univeristy School of Law

Federal Taxation Of State Tax Credits, Alan L. Feld

Faculty Scholarship

This article analyzes the Federal income tax treatment of state incentive tax credits. It considers whether and when refundable credits should be included in income and discusses their appropriate character as capital gain or as ordinary income.


The Pro Bono Collaborative: Celebrating 10 Years Of Pro Bono Partnerships, Roger Williams University School of Law 2016 Roger Williams University

The Pro Bono Collaborative: Celebrating 10 Years Of Pro Bono Partnerships, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


Early Termination Of A Trust, Jeffrey H. Kahn, Douglas A. Kahn 2016 Florida State University College of Law

Early Termination Of A Trust, Jeffrey H. Kahn, Douglas A. Kahn

Scholarly Publications

No abstract provided.


Deep Dive, Chicago Style: A Roadmap For Understanding International Tax Reform, Michael J. Veneri Jr. 2016 Cleveland-Marshall College of Law

Deep Dive, Chicago Style: A Roadmap For Understanding International Tax Reform, Michael J. Veneri Jr.

Global Business Law Review

This note discusses the potential alternatives for international tax reform and evaluates them based upon the Chicago school of economic theory principles and the ability to eliminate "tax plays." The United States could modify the existing international taxation system with (1) the 2015 Obama Administration proposals, (2) a modified territorial system as proposed by Rep. Dave Camp, (3) a credit system with source-of-income rules without the deferral privilege, or (4) formulary apportionment system based on either a single-factor or a three-factor system. By eliminating a U.S. multinational corporation's ability to participate in "tax plays," inefficient rent-seeking behavior can be curtailed, …


Job Creationism, Victor Fleischer 2016 University of San Diego

Job Creationism, Victor Fleischer

Fordham Law Review

Does a low tax rate on entrepreneurial income create jobs? Tax scholars view this question as empirical in nature. But for many policymakers, voters, and even some academics, the relationship between taxes and entrepreneurship is a matter of faith. If there is a question, it is one of ideological commitment, not evidence and reason. Consider the ease with which politicians claim that tax cuts for entrepreneurs and investors create jobs and fuel economic growth. This claim would appear to be a falsifiable claim subject to empirical observation and testing. But evidence in support of the claim is, in fact, hard …


The Curious Beginnings Of The Capital Gains Tax Preference, Ajay K. Mehrotra, Julia C. Ott 2016 American Bar Foundation

The Curious Beginnings Of The Capital Gains Tax Preference, Ajay K. Mehrotra, Julia C. Ott

Fordham Law Review

Despite the importance of the capital gains tax preference, and the controversy it often evokes, there has been relatively little serious scholarly attention paid to the historical development of this highly significant tax provision. This Article seeks to move beyond the normative and presentist concerns for or against the tax preference to recount the empirical beginnings and early twentieth-century development of this important tax law. In exploring the curious beginnings of the capital gains tax preference, this brief Article has several aims. First, its main goal is to show that the preference is not a timeless or transhistorical concept, but …


The Currency Of Taxation, Tsilly Dagan 2016 Bar Ilan University

The Currency Of Taxation, Tsilly Dagan

Fordham Law Review

In its canonical rendition, income taxation aspires to achieve the sometimes-conflicting goals of maximizing social welfare and promoting distributive justice. We do not usually think about tax law as participating in the formation of our identities, shaping the ways in which we perceive ourselves, or influencing how we interact with others. I argue, however, that income tax is a powerful social instrument that plays an important role in the construction of our identities and interactions with one another. Income tax law, I claim, simultaneously reflects and shapes our identities, self-perceptions, and social interactions in various contexts, including within our families …


Registered Savings Plans And The Making Of Middle-Class Canada: Toward A Performative Theory Of Tax Policy, Lisa Philipps 2016 Osgoode Hall Law School of York University

Registered Savings Plans And The Making Of Middle-Class Canada: Toward A Performative Theory Of Tax Policy, Lisa Philipps

Fordham Law Review

Campaigning politicians and elected governments across Canada’s political spectrum strive to position themselves as defenders of the middle class. This is to be expected given the large proportion of the Canadian population that self-identifies as middle class. Since the term lacks precision, it is a claim that can accommodate a wide range of policy proposals. Tax policy serves as a prime vehicle for making this appeal to middle-class voters. Undoubtedly, any tax reform proposal can be examined critically to evaluate its likely distributional impacts and how well these map onto specific definitions of the middle class. This Article attempts, however, …


The Decline In Tax Adviser Professionalism In American Society, John S. Dzienkowski, Robert J. Peroni 2016 University of Texas School of Law

The Decline In Tax Adviser Professionalism In American Society, John S. Dzienkowski, Robert J. Peroni

Fordham Law Review

In Part I, this Article briefly examines the debate over the proper role of the tax professional in representing clients. Part II discusses whether tax professionals owe special duties to the tax system. Part III analyzes how the tax professionals’ involvement in several waves of tax shelter abuses is in sharp contrast to the high-minded rhetoric of the tax ethics debate. This part also discusses changes in the legal and accounting professions that have contributed to the current state of taxpayer representation. This Article advocates for the position that tax professionals owe a duty to the tax system and such …


Rhetoric And Reality In The Tax Law Of Charity, Linda Sugin 2016 Fordham University School of Law

Rhetoric And Reality In The Tax Law Of Charity, Linda Sugin

Fordham Law Review

This Article contrasts the rhetoric of public benefit connected to charity in the law with the reality of private control of charitable organizations. It argues that the tension between the rhetoric and reality have produced norms of entitlement that undermine taxation. It offers an approach to the role of charity under the law by defining the obligations of government in a just society, qualifying the economic framework dominant in the literature concerning charities, and identifying what private charity can achieve that governments cannot. This Article concludes by endorsing the charitable deduction in the tax law on terms consistent with this …


Foreword: We Are What We Tax, Mary Louise Fellows, Grace Heinecke, Linda Sugin 2016 University of Minnesota Law School

Foreword: We Are What We Tax, Mary Louise Fellows, Grace Heinecke, Linda Sugin

Fordham Law Review

On November 12 and 13, 2015, the Fordham Law Review hosted a symposium entitled We Are What We Tax. We invited scholars with a wide array of expertise inside and outside of the tax arena to consider how tax laws have shaped public and private institutions, cultural norms and hierarchies, and societal values.


The Social Boundaries Of Corporate Taxation, Sloan G. Speck 2016 University of Colorado Law School

The Social Boundaries Of Corporate Taxation, Sloan G. Speck

Fordham Law Review

This Article argues that, while important, efficiency considerations should not function as the sole arbiter of the boundary between corporate and conduit tax treatment. First, classical corporate taxation is, in many ways, deeply embedded within a larger network of legal and social meanings. Classical corporate taxation operates in concert with, rather than separately from, these legal and social meanings. For this reason, the rules governing entities’ tax classification should take these interrelationships into account, if not as a primary norm, then as a secondary consideration when empirical or other uncertainties preclude a clear choice based on efficiency. The social boundaries …


Liberalism, Philanthropy, And Praxis: Realigning The Philanthropy Of The Republic And The Social Teaching Of The Church, Rob Atkinson 2016 Florida State University

Liberalism, Philanthropy, And Praxis: Realigning The Philanthropy Of The Republic And The Social Teaching Of The Church, Rob Atkinson

Fordham Law Review

This Article seeks a common ground for theists of the Abrahamist religious faiths and agnostics in the Socratic philosophical tradition on the role that the liberal state should play in advancing the two coordinate aims of traditional philanthropy: helping society’s least well off and advancing the highest forms of human excellence. It focuses particularly on Abrahamists who are orthodox Catholics and Socratics who are left-liberals, distinguishing their broad views on the liberal state’s proper philanthropic role from the far narrower views of libertarians and other right-liberals. It concludes that adherents of Catholic Social Teaching and advocates of secular left-liberalism can …


Interpreting Tax Treaties, Rebecca M. Kysar 2016 Brooklyn Law School

Interpreting Tax Treaties, Rebecca M. Kysar

Faculty Scholarship

No abstract provided.


Fading Into The Sunset: Solar And Wind Energy Get Give More Years Of Tax Credits With A Phase-Down, Felix Mormann 2016 Texas A&M University School of Law

Fading Into The Sunset: Solar And Wind Energy Get Give More Years Of Tax Credits With A Phase-Down, Felix Mormann

Faculty Scholarship

In the closing weeks of 2015, the solar and wind energy industries scored a major policy victory as Congress voted to extend the tax credits that have been a key driver of recent renewable energy deployment in the United States. Legislators reached a rare bipartisan compromise when renewable energy advocates agreed to lit the 40-year old export embargo on U.S. oil in exchange for an extra ive years of tax credit support for solar and wind energy. Renewable energy practitioners can now help their clients take advantage of these incentives for several more years and would be wise to do …


Comptroller Of The Treasury V. Wynne: Bridging The Gap Between Strands Of Jurisprudence On State Income Taxation, Daniel Bosworth 2016 University of Maryland Francis King Carey School of Law

Comptroller Of The Treasury V. Wynne: Bridging The Gap Between Strands Of Jurisprudence On State Income Taxation, Daniel Bosworth

Maryland Law Review

No abstract provided.


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