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.
Tax Anti-Avoidance Law In Australia And The United States,
2015
University of Texas School of Law
Tax Anti-Avoidance Law In Australia And The United States, Susan C. Morse, Robert Deutsch
The International Lawyer
No abstract provided.
Changing Residency For Illinois Tax Purposes, 40 S. Ill. U. L.J. 11 (2015),
2015
John Marshall Law School
Changing Residency For Illinois Tax Purposes, 40 S. Ill. U. L.J. 11 (2015), Ronald Z. Domsky
UIC Law Open Access Faculty Scholarship
Currently, Illinois is in a financial crisis. Amidst this crisis, the First District Appellate Court of Illinois, in 2012, decided Cain v Hamer. In Cain, the issue was whether a pair of snowbirds (retirees spending the winter months in a warmer climate and returning to Illinois each year) were residents of Illinois for income tax purposes when they spent roughly an equal amount of time in Illinois as in Florida. The court narrowed the issue of residency down to two important issues; namely, whether the taxpayers (the “Cains”) changed domicile, and if so, whether their visits to Illinois were temporary …
Structural Tax Exceptionalism,
2015
Penn State Law
Structural Tax Exceptionalism, James M. Puckett
Georgia Law Review
Following the Supreme Court's landmark decision in Mayo Foundation for Medical Education and Research v. United States, many scholars of tax law have declared that Mayo marks the death of tax exceptionalism. The tax exceptionalist view holds that because tax is different or special, generally applicable administrative law procedural rules and doctrines do not apply in the tax context. In Mayo, however, the Supreme Court held that generally applicable administrative law rules and doctrines do apply to the Treasury Department and the IRS. Contrary to the prevailing narrative that proclaims the death of tax exceptionalism, this Article posits that the …
Eliminating Arbitrary Age Descrimination In 401(K) And Pension Plan Eligibility Requirements: A Simple Fix To Encourage Younger Workers To Save For Retirement,
2015
University of Michigan Law School
Eliminating Arbitrary Age Descrimination In 401(K) And Pension Plan Eligibility Requirements: A Simple Fix To Encourage Younger Workers To Save For Retirement, Andrew J. Clopton
University of Michigan Journal of Law Reform Caveat
Current federal law allows companies to exclude their youngest workers from participating in 401(k) and other pension plans. Public policy should encourage young workers to contribute to retirement as early as practicable, rather than impose obstacles to saving. Workers who begin saving even a few years earlier improve their retirement security and reduce the likelihood they will be dependent on the government later in life. While “age discrimination” is conventionally thought of as the mistreatment of older workers, this concept applies equally to employees who are differentiated based solely on their young age. Thus, Congress should amend the Internal Revenue …
Profiles - Chicago Literacenter,
2015
New York Law School
Profiles - Chicago Literacenter, James Hagy
Rooftops Project
Business news is often filled with stories about incubator spaces and entrepreneurial hubs in which start-up companies can hang out, network, and grow. What might result when these concepts are adapted to bring together diverse not-for-profit organizations focused on similar missions? Professor James Hagy visits Stacy Ratner, Co-Founder and Creative Director of the Chicago Literacy Alliance, and Transwestern’s Larry Serota at the grand opening of Literacenter in downtown Chicago.
Dodging The Taxman: Why The Treasury’S Anti-Abuse Regulation Is Unconstitutional,
2015
Tulane University Law School
Dodging The Taxman: Why The Treasury’S Anti-Abuse Regulation Is Unconstitutional, Linda D. Jellum
Articles
To combat abusive tax shelters, the Department of the Treasury promulgated a general anti-abuse regulation applicable to all of subchapter K of the Internal Revenue Code of 1986. The Treasury targeted subchapter K because unique aspects of the partnership tax laws—including its aggregate-entity dichotomy—foster creative tax manipulation. In the anti-abuse regulation, the Treasury attempted to “codify” existing judicially- created anti-abuse doctrines, such as the business-purpose and economic-substance doctrines. Also, and more surprisingly, the Treasury directed those applying subchapter K to use a purposivist approach to interpretation and to reject textualism. In this article, I demonstrate that the Treasury exceeded both …
Answering Canadian Tax Questions: An Introduction To Tax Law Research,
2015
Osgoode Hall Law School of York University
Answering Canadian Tax Questions: An Introduction To Tax Law Research, Sas Ansari
Osgoode Legal Studies Research Paper Series
Income taxation is a complicated area of law that requires a researcher to master not only a large volume of complex legislation, but because of its ‘accessory-law’ nature, also requires good knowledge of many other areas of law (both statutes and common law). This paper provides an introduction to tax law research in the Canadian context. It begins by introducing the tax research process in Part 1 before moving on to discuss how to find the law and material with legally enforceable consequences in Part 2. The paper, in Part 3, discusses primary sources of tax law, and explains how …
Portability, Marital Wealth Transfers, And The Taxable Unit,
2015
Elisabeth Haub School of Law at Pace University
Portability, Marital Wealth Transfers, And The Taxable Unit, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
Prior to 2011, the most efficient estate tax planning for married couples required a minimal level of asset equalization. In order to take maximum advantage of all existing wealth transfer tax exemptions and credits, each spouse needed to own, in an estate tax sense, enough assets to be able to fully utilize the estate tax credit or applicable exemption. This changed with the enactment of estate tax portability in the Economic Growth and Economic Recovery and Relief Act of 2011, which became permanent under the American Taxpayer Relief Act of 2012. “Portability” refers to the ability of a surviving spouse …
Who Wins Residential Property Tax Appeals?,
2015
University of Missouri - Kansas City, School of Law
Who Wins Residential Property Tax Appeals?, Randall K. Johnson
Faculty Works
This article explains who wins residential property tax appeals in Cook County, Illinois. It does so by collecting and combining public sector data, which has been recently released by the Cook County Assessor. The article then uses this data to compute three statistics. Lastly, it contextualizes each statistic in order to determine if some townships, or groups of townships, win more appeals than expected.
The Moving Target Of Tax Reform,
2015
University of Florida Levin College of Law
The Moving Target Of Tax Reform, Karen C. Burke, Grayson M.P. Mccouch
UF Law Faculty Publications
In 2000, Professor William Turnier proposed a package of three reforms to make the estate tax more “equitable” and “taxpayerfriendly.” All of his proposals—allowing a surviving spouse to inherit a deceased spouse’s unused exemption, replacing the state death tax credit with a deduction, and indexing the exemption for inflation—were eventually enacted. Today, the estate tax remains on the books, but changes in rates and exemptions have severely curtailed its role in the larger federal tax system. Income tax rate reductions for capital gains and dividends have further lightened the tax burden on capital income, and international pressure to reduce the …
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 …
A Conceptual Framework For The Regulation Of Cryptocurrencies,
2015
University of Florida Levin College of Law
A Conceptual Framework For The Regulation Of Cryptocurrencies, Omri Y. Marian
UF Law Faculty Publications
This Essay proposes a conceptual framework for the regulation of transactions involving cryptocurrencies. Cryptocurrencies offer tremendous opportunities for innovation and development but are also uniquely suited to facilitate illicit behavior. The regulatory framework suggested herein is intended to support (or at least not impair) cryptocurrencies’ innovative potential. At the same time, it aims to disrupt cryptocurrencies’ criminal utility. To achieve these purposes, this Essay proposes a regulatory framework that imposes costs on the characteristics of cryptocurrencies that make them especially useful for criminal behavior (in particular, anonymity) but does not impose costs on characteristics that are at the core of …
Recent Developments In Federal Income Taxation: The Year 2014,
2015
University of Florida Levin College of Law
Recent Developments In Federal Income Taxation: The Year 2014, Martin J. Mcmahon Jr., Bruce A. Mcgovern, Ira B. Shepard
UF Law Faculty Publications
This recent developments outline discusses, and provides context to understand the significance of, the most important judicial decisions and administrative rulings and regulations promulgated by the Internal Revenue Service and Treasury Department during 2014--and sometimes a little farther back in time if we find the item particularly humorous or outrageous. Most Treasury Regulations, however, are so complex that they cannot be discussed in detail and, anyway, only a devout masochist would read them all the way through; just the basic topic and fundamental principles are highlighted-- unless one of us decides to go nuts and spend several pages writing one …
The Case For Categorical Nonenforcement,
2015
University of Miami School of Law
Dark Money In Motion: Mapping Issues Along The Money Trail,
2015
University of Miami School of Law
Dark Money In Motion: Mapping Issues Along The Money Trail, Frances R. Hill
Articles
No abstract provided.
The Rescission Doctrine: Everything Old Is New Again,
2015
American University Washington College of Law
The Rescission Doctrine: Everything Old Is New Again, Allen Sparkman
American University Business Law Review
No abstract provided.
Going Green: Legal Considerations For Marijuana Investors And Entrepreneurs,
2015
University of Colorado
Going Green: Legal Considerations For Marijuana Investors And Entrepreneurs, Frank Robison
American University Business Law Review
No abstract provided.
The Estate Planner's Income Tax Playbook,
2015
Georgia State University College of Law
The Estate Planner's Income Tax Playbook, Samuel A. Donaldson
Faculty Publications By Year
No abstract provided.
Foreword--King V. Burwell Symposium: Comments On The Commentaries (And On Some Elephants In The Room),
2015
Indiana University Maurer School of Law
Foreword--King V. Burwell Symposium: Comments On The Commentaries (And On Some Elephants In The Room), David Gamage
Articles by Maurer Faculty
This invited essay reviews the pieces submitted for the Pepperdine Law Review symposium on the King v. Burwell case. The thrust of this essay's response commentary is to praise the submitted essays for their excellence and insightfulness, but to suggest that the submitted essays nonetheless might benefit from focusing more on the role of the political mobilization that resulted in the King v. Burwell dispute. Ultimately, this essay suggests that what may have motivated the Supreme Court to develop and apply its new "deep economic and political significance" test in this this case may not have been anything inherent to …
