Tax Law Commons^™

Is New York’S Mark-To-Market Act Unconstitutionally Retroactive?, Reuven S. Avi-Yonah, David Gamage, Kirk J. Stark, Darien Shanske

Articles by Maurer Faculty

It is well known in tax literature that rudimentary tax planning strategies enable wealthy individuals to avoid state and federal income tax on much of their true economic income. Indeed, the existing income tax has been described as being effectively optional for those who derive their income chiefly from the ownership of assets rather than the provision of services. The reason is — except for a few relatively narrowly tailored deemed-realization rules — both state and federal income taxes rely on the realization principle. Under realization accounting, taxpayers generally do not owe tax on economic gains until they sell their …

Is New York's Market-To-Market Act Unconstitutionally Retroactive?, Reuven S. Avi-Yonah, David Gamage, Darien Shanske, Kirk J. Stark

Articles

In this installment of Academic Perspectives on SALT, the authors argue that if New York’s proposed Billionaire Mark-to-Market Tax Act is enacted, it should be upheld against any constitutional challenge based on retroactivity.

Is Gilti Constitutional?, Reuven S. Avi-Yonah

Law & Economics Working Papers

In this article, Avi-Yonah argues that the global intangible low-taxed income regime may be an unconstitutional attempt to tax the foreign-source income of foreign entities, and he offers an alternative.

S. 4319: Supporting America’S Restaurant Workers Act, Xiaoyue Tan, Mst Students Bus 223a Fall 2020

The Contemporary Tax Journal

No abstract provided.

Fun Tax Facts – Pet Expenses, Xiaoyue Tan

The Contemporary Tax Journal

No abstract provided.

S.2697 (116th Congress) - Tariff Tax Credit Act Of 2019, Liubov (Luba) Shilkova, Hanna Shatanionak Cpa

The Contemporary Tax Journal

No abstract provided.

Summaries From The 2020 36th Annual Tei-Sjsu High Tech Tax Institute, Charlene Kliatchko, Jane Lei Cpa, Hanna Shatanionak Cpa, Liubov (Luba) Shilkova, Xiaoyue Tan

The Contemporary Tax Journal

No abstract provided.

Malpractice Lawsuit Settlement Payment Is Includable, Sheetal Partani

The Contemporary Tax Journal

No abstract provided.

H.R. 6787 (116th Session) – Providing Essentials For Frontline Workers Act, Yixin Liang, Aarti Shah

The Contemporary Tax Journal

No abstract provided.

Testing For Consistency: Certain Digital Tax Measures And Wto Non-Discrimination, Okanga Ogbu Okanga

Articles, Book Chapters, & Popular Press

Few issues have challenged tax policymakers and commentators as much as digital taxation has in recent years. Ongoing efforts to reconstruct the rules of international tax to “properly” govern the taxation of the global digital economy have evoked some important tax and trade related considerations. As regards the latter, unilateral attempts by various states – partly spurred on by a lack of multilateral consensus – to tax nonresident digitalized businesses threaten to disrupt international trade relations, with threats of trade war exchanged between some World Trade Organization (WTO) member states over the propriety of the proposed tax measures. As the …

The Contemporary Tax Journal Volume 10, No. 1 – Winter 2021

The Contemporary Tax Journal

No abstract provided.

The Contemporary Tax Journal's Interview With Ms. Gloria Sullivan, Liubov (Luba) Shilkova

The Contemporary Tax Journal

No abstract provided.

The Tax And Zakat Appeal System In The Kingdom Of Saudi Arabia: An Overview, Ahmed A Altawyan

UAEU Law Journal

The competent judicial authority for adjudicating tax disputes differs from state to state. Some laws allow general court’s jurisdiction to adjudicate tax disputes. Others allow administrative court’s jurisdiction over taxation and zakat disputes because one of the parties involved in most such disputes is the competent government authority vested with administrative decision-making powers for assessment and collection of taxes. Therefore, it is natural for the administrative judiciary to be vested with the adjudication of tax disputes. However, there is a different legal system in the Kingdom of Saudi Arabia (KSA) to address such disputes. This study examines the differences between …

النقود الإلكترونية ماهيتها- أنواعها - آثارها د. هيثم محمد حرمي شريف

UAEU Law Journal

تعتبر النقود الإلكترونية من تطورات العصر الحديث، وهي من الوسائل الإلكترونية لتحويل أي مبالغ من جهة إلى أخرى، وتستخدم بشكل واسع من قبل العديد من المؤسسات، حتى البنوك تستخدم هذه الوسيلة> وتتمتع هذه الطريقة بالسرعة الفائقة في تحويل الأموال، وفي نفس الوقت الكلفة المنخفضة. ومع ازدياد ترابط الأسواق المالية الدولية وارتفاع معدلات التعامل الدولي بالنقود الإلكترونية فإن حجم المشكلات الاقتصادية،والمالية، والقانونية سيكون كبيراً جداً،خاصة على حجم الإيرادات الضريبية، والسياسة النقدية. ويقدم المبحث الأول في الدراسة ماهية النقود الإلكترونية. يتناول المبحث الثاني: الطبيعة القانونية للنقود الإلكترونية: مخاطرها وضوابط تنظيمها، في حين خصص المبحث الثالث: لعرض نماذج تطبيقية بالنقود الإلكترونية. Electronic Currency: …

How States Should Now Consider Expanding Sales Taxes To Services, Part 2, Grace Stephenson Nielsen, Gladriel Shobe, Darien Shanske, David Gamage

Articles by Maurer Faculty

As we explained in our prior essay, state governments are experiencing severe revenue needs because of COVID-19, and expanding state sales tax bases to include services is a promising option for state governments to manage their budget shortfalls. In this, the second essay in this series — a contribution to Project SAFE: State Action in Fiscal Emergencies — we explain some of the implementation details and options for how states might go about expanding their sales tax bases to include services. In particular, we argue that there are some incremental steps that seem to be technically and politically feasible as …

#Audited: Social Media And Tax Enforcement, Michelle Lyon Drumbl

Scholarly Articles

With limited resources and a diminished budget, it is not surprising that the Internal Revenue Service would seek new tools to maximize its enforcement efficiency. Automation and technology provide new opportunities for the IRS, and in turn, present new concerns for taxpayers. In December 2018, the IRS signaled its interest in a tool to access publicly available social media profiles of individuals in order to “expedite IRS case resolution for existing compliance cases.” This has important implications for taxpayer privacy.

Moreover, the use of social media in tax enforcement may pose a particular harm to an especially vulnerable population: low-income …

Inmates May Work, But Don't Tell Social Security, Stephanie Mcmahon

Faculty Articles and Other Publications

This Article examines the ways in which inmates are carved out of the protections offered by the Social Security and Medicare systems. By statute, inmates are unable to receive Social Security or disability benefits while incarcerated. Additionally, in many circumstances, their labor does not constitute employment for purposes of calculating quarters of employment for benefits. Therefore, inmates may work their entire prison sentence and, yet, on release discover that they no longer have sufficient years left in their working lives to earn the benefits of Social Security for themselves or their dependents. As the United States grapples with its mass …

Unsophisticated Taxpayers, Rules Versus Standards, And Form Versus Substance, Emily Cauble

Loyola University Chicago Law Journal

Many features of tax law can simplify the law in some senses for some taxpayers but make it more complex in other ways and for other taxpayers. This Essay focuses, in particular, on design choices that make the form of a transaction more determinative of tax consequences than its substance or that make tax law more rule like and less standard based. While such measures may simplify matters for taxpayers who contemplate tax law prior to acting (by making tax consequences more predictable), they can make the law more complex for taxpayers who do not attempt to ascertain the content …

Pulling The Wrong Lever Opens A Trap Door: Using Taxes To Fight The Opioid Epidemic, Michelle M. Kwon

Scholarly Works

By the late 1990s, a cultural shift that helped to normalize prescription opioid use was underway in the United States. Pharmaceutical companies, regulators, and prescribers were among the intentional or unwitting change agents in this cultural revolution. Between 1999 and 2010, the number of opioid prescriptions written in the United States increased by 300%. 1 Between 1999 and 2015, the number of opioid-related deaths quadrupled2 Like a prescribed wildland burn that grows out of control, America's dependence on prescription opioids has become overpowering and uncontainable. The opioid epidemic has taken an obvious human toll. It has also exacted a charge …

Difficulty Of Care: Aligning Tax And Health Care Policy For Family Caregiving, Christine S. Speidel

Loyola University Chicago Law Journal

In the United States millions of people live with disabilities, many of whom require assistance with activities of daily life to remain in their homes and communities. However, financial support for this assistance is limited. Many caregivers forgo working outside the home in order to provide care to a family member. And while state and federal programs provide some compensation for caregiving, caregivers frequently face problems including poverty, lack of health insurance, lack of Social Security and Medicare credits, and lack of retirement savings. Our nation’s paltry support for caregiving threatens the practical ability of people with disabilities to choose …