Tax Law Commons^™

Consent To Student Loan Bankruptcy Discharge, John P. Hunt

Indiana Law Journal

As the Department of Education reconsiders its rules governing consent to discharge of federal student loans in bankruptcy, this Article argues for the first time that the Department should approach the problem specifically as an operator of programs to promote education and benefit students, rather than as an entity interested only in debt collection. This Article shows that the Department’s rules to date have treated whether to consent to discharge primarily as a pecuniary issue, without regard to the educational goals of the student loan programs. For example, the Department apparently has never considered whether making it difficult to discharge …

Will Create Resolve The Philippines’ Unemployment Woes Amidst The Covid-19 Pandemic?, Krista Danielle Yu, Marites Tiongco

Angelo King Institute for Economic and Business Studies (AKI)

In response to the COVID-19 pandemic, there is a proposal to amend the Corporate Income Tax and Incentives Reform Act (CITIRA) into the Corporate Recovery and Tax Incentives for Enterprises Act (CREATE) Act. The proposed amendments are as follows: (a) An immediate five percentage point cut into the corporate income tax (CIT) rate starting July 2020; (b) Maintaining for up to nine years the status quo for registered business activities enjoying the 5% tax on gross income earned (GIE) incentive; and (c) More flexibility for the President to grant a combination of fiscal and non-fiscal incentives, which will be critical …

Mandatory Tax Penalty Insurance, Michael Abramowicz

Indiana Law Journal

In a mandatory tax penalty insurance regime, taxpayers would be required to find insurers to certify portions of their tax returns. A certifying insurer would be subject to a governmental auditing regime insurers of randomly selected filings would pay an amount equal to the inverse of the selection probability multiplied by the underpayment, or they would receive money from the government in the case of overpayment. The insurers function as private auditors with no incentive to underestimate their customers' tax liability. Such a regime will consume real resources, ultimately paid by taxpayers, and thus should not be imposed universally. But …

Redesigning Education Finance: How Student Loans Outgrew The “Debt” Paradigm, John R. Brooks, Adam J. Levitin

Georgetown Law Faculty Publications and Other Works

This Article argues that the student loan crisis is due not to the scale of student loan debt, but to the federal education finance system’s failure to utilize its existing mechanisms for progressive, income-based payments and debt cancellation. These mechanisms can make investment in higher education affordable to both individuals and the government, but they have not been fully utilized because of the mismatch between the current system’s economic reality and its legal, financial, and institutional apparatus.

The current economic structure of federal student loans does not resemble a true credit product, but a government grant program coupled with a …

The Case For State Borrowing As A Response To The Current Crisis, David Gamage, Darien Shanske

Articles by Maurer Faculty

The coronavirus pandemic is a national emergency that requires a national response. Asking states to absorb the budgetary losses caused by the pandemic while they are tasked with providing essential frontline services is comparable to asking states during World War II to pay for the landing in Normandy.

This article is a contribution to Project SAFE: State Action in Fiscal Emergencies. We have already argued, more than once, that the federal government should borrow to prevent steep state and local budget cuts. But because the federal government will apparently not take sufficient action, we offer these ideas to states for …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

A Safe Harbor In The Medicaid Adventure: Lady Bird And Transfer On Death Deeds, Gerry W. Beyer

ACTEC Law Journal

No abstract provided.

Et Tu Counselor? Fiduciary's Attorneys' Ethical Duty To The Vulnerable, Richard J. Goralewicz

ACTEC Law Journal

No abstract provided.

Front Matter

ACTEC Law Journal

No abstract provided.

Changing Demographics, Elder Law, And Trusts And Estates, Naomi Cahn

ACTEC Law Journal

No abstract provided.

Trusts In Guardianship: Using "Family Freeze" Agreements To Resolve Disputes, Gerard G. Brew

ACTEC Law Journal

No abstract provided.

Serving The Greater Good: Ethical Considerations In Representation Of The Older Population, Jeffrey L. Carson, Brook H. Lester

ACTEC Law Journal

No abstract provided.

Medical And Legal Implications Of Impaired Financial Capacity In Aging And Dementia, Edmund W. Granski Jr., Milap A. Nowrangi

ACTEC Law Journal

No abstract provided.

Going The Distance: How Increased Client Contact Can Benefit Clients And Their Attorneys, Ashleigh Gough

ACTEC Law Journal

No abstract provided.

Little Red Riding Hood Or The Wolf: How Far Can An Agent Reach Into Grandmother's Pocketbook?, Erica E. Lord

ACTEC Law Journal

No abstract provided.

Appropriate Housing For Older Clients, Lawrence A. Frolik

ACTEC Law Journal

No abstract provided.

Medicaid Estate Recovery: Friend Or Foe?, Lisa M. Neeley

ACTEC Law Journal

No abstract provided.

The Growth And Business Of Elder Law, Brian Andrew Tully

ACTEC Law Journal

No abstract provided.

Drafting Under The Upoaa: Safeguarding Against Elder Financial Exploitation Without Compromising Autonomy, Jessica A. Liebau

ACTEC Law Journal

No abstract provided.

Safeguarding A Will: Will Deposit Statutes, Alberto B. Lopez

ACTEC Law Journal

No abstract provided.