Leaping Before We Look?: Repeal Of The State Estate Tax Credit And The Consequences For States, Americans, And The Federal Government, 2012 Pepperdine University
Leaping Before We Look?: Repeal Of The State Estate Tax Credit And The Consequences For States, Americans, And The Federal Government, Susan K. Hill
Pepperdine Law Review
No abstract provided.
Defined Value Clauses And Fair Market Value, 2012 University of Baltimore School of Law
Defined Value Clauses And Fair Market Value, Wendy G. Gerzog
All Faculty Scholarship
In Hendrix the Tax Court considered the issues of whether defined value clauses were the result of arm’s-length transactions and whether they were void as against public policy. The underlying dispute was whether the taxpayers’ transfers of the John H. Hendrix Co. stock were valued at fair market value. With a decision favoring the taxpayers, the defined value clauses in both McCord and Hendrix impede the accurate valuation of taxable gifts to family members and of deductible charitable gifts.
U.S. Taxes Corporate Income At Comparatively Low Rate, 2012 American University Washington College of Law
U.S. Taxes Corporate Income At Comparatively Low Rate, Andrew Pike
Andrew Pike
This article asserts that the United States does not subject corporate profits to a relatively high nominal rate of taxation. In support of this assertion, the article analyzes the VAT, and concludes that the VAT incorporates a tax on corporate profits. The portion of the VAT that taxes corporate profit is comparable to, and at least as burdensome as, the current U.S. corporate income tax. The article concludes that the accepted wisdom that the United States imposes an exceptionally high nominal rate of tax (compared to the nominal rates of taxation imposed in other OECD countries) on corporate profits is …
Front Matter, 2012 Maurice A. Deane School of Law at Hofstra University
Major Reforms Of The Property Restatement And The Uniform Probate Code: Reformation, Harmless Error, And Nonprobate Transfers, 2012 Maurice A. Deane School of Law at Hofstra University
Major Reforms Of The Property Restatement And The Uniform Probate Code: Reformation, Harmless Error, And Nonprobate Transfers, John H. Langbein
ACTEC Law Journal
In late 2011, the American Law Institute published the third and final volume of the Restatement (Third) of Property: Wills and Other Donative Transfers. In March 2012, the Restatement's two reporters, Professors Lawerence W. Waggoner and John H. Langbein, presented the Joseph Trachtman Memorial Lecture at the annual meeting of the American College of Trust and Estate Counsel in Miami Beach. Introducing the two lecturers, ACTEC President Mary Radford described them as "two icons in our field, [who] have had a hand in every major development in trust and estate law that has occurred over the past three decades..." In …
What's In The Third And Final Volume Of The New Restatement Of Property That Estate Planners Should Know About, 2012 Maurice A. Deane School of Law at Hofstra University
What's In The Third And Final Volume Of The New Restatement Of Property That Estate Planners Should Know About, Lawrence W. Waggoner
ACTEC Law Journal
No abstract provided.
Two Tricks To Raising Capital-Gains Taxes Fairly, 2012 Boston College Law School
Two Tricks To Raising Capital-Gains Taxes Fairly, Ray Madoff
Ray D. Madoff
No abstract provided.
Aspectos Generales Dela Publicidad En México. "La Publicidad De Productos, Servicios, Y Actividades Reguladas Por La Ley General De Salud", 2012 ITESM Campus Puebla
Aspectos Generales Dela Publicidad En México. "La Publicidad De Productos, Servicios, Y Actividades Reguladas Por La Ley General De Salud", Bruno L. Costantini García
Bruno L. Costantini García
Introducción a las generalidades de la regulación en materia de publicidad de insumos para el consumo humano (salud) en México.
Which The Deader Hand? A Counter To The American Law Institute's Proposed Revival Of Dying Perpetuities Rules, 2012 John Marshall Law School
Which The Deader Hand? A Counter To The American Law Institute's Proposed Revival Of Dying Perpetuities Rules, Scott A. Shepard
Scott A. Shepard
Encouraged primarily by a fluke in federal estate and gift tax law, more than half of the states have either effectively or entirely abolished their rules against perpetuities in the past two decades. The American Law Institute, deeply troubled by this development, has adopted for its Third Restatement a proposed rule against perpetuities that would essentially prohibit conditional gifts to continue for the benefit of parties born more than two generations after the transferor.
The ALI’s efforts are misguided. The rule against perpetuities was the product of a legal, political and social age very different than our own. It was …
Boomer-Ang Eldercare: Deductible Claim?, 2012 University of Baltimore School of Law
Boomer-Ang Eldercare: Deductible Claim?, Wendy G. Gerzog
All Faculty Scholarship
In this article, Gerzog discusses Estate of Olivo, in which the Tax Court determined the deductibility under section 2053 of a claim against the decedent’s estate for eldercare services provided by a family member.
The William O. Douglas Tax Factor: Where Did The Spin Stop And Who Was He Looking Out For?, 2012 SelectedWorks
The William O. Douglas Tax Factor: Where Did The Spin Stop And Who Was He Looking Out For?, I Jay Katz
Irwin J Katz
ABSTRACT THE WILLIAM 0. DOUGLAS TAX FACTOR: WHERE DID THE SPIN STOP AND WHO WAS HE LOOKING OUT FOR?
Although much better known for his opinions regarding constitutional law and individual rights, Justice William 0. Douglas also left an indelible mark in tax law. Throughout his thirty-six year tenure on the Supreme Court, Douglas wrote a significant number of majority and dissenting opinions in some of the most famous tax law cases of his day. As the title of the article suggests, most of Douglas's opinions were full of spin from the bias of the party he favored and read …
Introduction To Form 1040 Series - Irs Registered Preparer Exam Review Course, 2012 SelectedWorks
Introduction To Form 1040 Series - Irs Registered Preparer Exam Review Course, John S. Treu, Davin Harnois
John S. Treu
No abstract provided.
Which The Deader Hand - A Counter To The American Law Institute's Proposed Revival Of Dying Perpetuities Rules, 86 Tul. L. Rev. 559 (2012), 2012 John Marshall Law School
Which The Deader Hand - A Counter To The American Law Institute's Proposed Revival Of Dying Perpetuities Rules, 86 Tul. L. Rev. 559 (2012), Scott Andrew Shepard
UIC Law Open Access Faculty Scholarship
Encouraged primarily by a fluke in federal estate and gift law, more than half of the states have either effectively or entirely abolished their rules against perpetuities in the past two decades. The American Law Institute, deeply troubled by this development has adopted for its Third Restatement a proposed rule against perpetuities that would essentially prohibit conditional gifts to continue for the benefit of parties born more than two generations after the transferor.
The ALI's efforts are misguided. The rule against perpetuities was the product of a legal, political, and social age very different than our own. It was designed …
Presented Paper, A Tale Of Two Countries: A Comparison Of The Inheritance Law Of France And The United States, 2011 Boston College Law School
Presented Paper, A Tale Of Two Countries: A Comparison Of The Inheritance Law Of France And The United States, Ray Madoff
Ray D. Madoff
No abstract provided.
It's Time To Reform Donor Advised Funds, 2011 Boston College Law School
It's Time To Reform Donor Advised Funds, Ray Madoff
Ray D. Madoff
In this article, Madoff argues that the current law governing donor-advised funds provides too much of a benefit to donors and sponsoring organizations, without ensuring sufficient benefit to the charitable sector as a whole. Moreover, the current rules undermine the integrity of the tax system by implicating the government in a ‘‘wink and a nod’’ system that disproportionately benefits the wealthy. To remedy these problems, donor-advised funds should be subject to a seven-year payout requirement, and the rules should be revised to ensure that private foundations cannot satisfy their payout obligations simply by making transfers to a donor-advised fund.
Front Matter, 2011 Maurice A. Deane School of Law at Hofstra University
Dead Hand Investing: The Enforceability Of Trust Investment Directives, 2011 Maurice A. Deane School of Law at Hofstra University
Dead Hand Investing: The Enforceability Of Trust Investment Directives, Jeffrey A. Cooper
ACTEC Law Journal
No abstract provided.
Estate Tax Deductions For Interest Paid On Loans Taken In Order To Pay Estate Taxes, 2011 Maurice A. Deane School of Law at Hofstra University
Estate Tax Deductions For Interest Paid On Loans Taken In Order To Pay Estate Taxes, Daniel Baltuch
ACTEC Law Journal
No abstract provided.
Presumed Equal: Shares Of Cotenants, 2011 Maurice A. Deane School of Law at Hofstra University
Presumed Equal: Shares Of Cotenants, John V. Orth
ACTEC Law Journal
No abstract provided.
Representing The Fiduciary: To Whom Does The Attorney Owe Duties?, 2011 Maurice A. Deane School of Law at Hofstra University
Representing The Fiduciary: To Whom Does The Attorney Owe Duties?, Kennedy Lee
ACTEC Law Journal
No abstract provided.