Form 1023-Ez And The Streamlined Process For The Federal Income Tax Exemption: Is The Irs Slashing Red Tape Or Opening Pandora's Box,
2014
UC Hastings College of the Law
Form 1023-Ez And The Streamlined Process For The Federal Income Tax Exemption: Is The Irs Slashing Red Tape Or Opening Pandora's Box, Manoj Viswanathan
Faculty Scholarship
No abstract provided.
Tearing Out The Income Tax By The (Grass)Roots,
2014
Duke Law School
Tearing Out The Income Tax By The (Grass)Roots, Lawrence A. Zelenak
Faculty Scholarship
No abstract provided.
Ending The Sweetheart Deal Between Big-Time College Sports And The Tax System,
2014
Duke Law School
Ending The Sweetheart Deal Between Big-Time College Sports And The Tax System, Richard L. Schmalbeck
Faculty Scholarship
This paper was prepared for the annual conference of the National Center for Philanthropy and Law, held at the NYU Law School, held October 24-25, 2013. The overall topic was “Tax Issues Affecting Colleges and Universities,” and I was asked to address specifically those issues relating to athletics. This paper considers two specific issues that have in common only that they involve college sports, and are plagued by egregiously bad, (in this case, egregiously generous), tax treatment: the failure of the IRS to regard any part of the revenue from college sports as unrelated business income, and the choice by …
Mitt Romney, The 47% Percent, And The Future Of The Mass Income Tax,
2014
Duke Law School
Mitt Romney, The 47% Percent, And The Future Of The Mass Income Tax, Lawrence A. Zelenak
Faculty Scholarship
No abstract provided.
The Uneasy Case Against Tax Lien Subordination,
2014
Duke Law School
The Uneasy Case Against Tax Lien Subordination, Shu-Yi Oei
Faculty Scholarship
I.R.C. § 6323, which governs how the federal tax lien ranks against the interests of the taxpayer’s other creditors, subordinates the tax lien to the claims of other creditors in various ways. Tax lien subordination is commonly justified on the grounds that it enhances taxpayer asset value, facilitates commercial transactions, and reduces monitoring costs for private creditors. This short essay argues, however, that these benefits may be illusory. Tax lien subordination may, in fact, create costs and distortions and may lead to unfair distributive results. This essay suggests that the tax lien priority scheme might be made less costly by …
(Un)Appealing Deference To The Tax Court,
2014
Indiana University Maurer School of Law
(Un)Appealing Deference To The Tax Court, Leandra Lederman
Articles by Maurer Faculty
The U.S. Tax Court (Tax Court), which hears the vast majority of litigated federal tax cases, occupies an unusual place in the federal government. It is a federal court located outside of the judicial branch, but its decisions are appealable to the federal courts of appeals. This odd structure, coupled with the court's history as an independent agency in the executive branch, can give rise to important questions, such as the standard of review that should apply to its decisions. In particular, should the courts of appeals treat Tax Court decisions the same as those of district courts in tax …
How Should Governments Promote Distributive Justice?: A Framework For Analyzing The Optimal Choice Of Tax Instruments,
2014
Indiana University Maurer School of Law
How Should Governments Promote Distributive Justice?: A Framework For Analyzing The Optimal Choice Of Tax Instruments, David Gamage
Articles by Maurer Faculty
A particular methodology derived from public finance economics has become very influential in the legal literature on taxation and related topics. Sometimes called the “double-distortion” approach, this methodology forms the heart of Louis Kaplow’s book “The Theory of Taxation and Public Economics” and is also the foundation of prominent work by other leading tax legal scholars such as David Weisbach and James Hines.
This Article develops an extended critique of how the double-distortion approach has been used to make legal policy arguments. In doing so, this Article constructs a framework for analyzing how governments can optimally raise revenues and promote …
Why The Affordable Care Act Authorizes Tax Credits On The Federal Exchanges,
2014
Indiana University Maurer School of Law
Why The Affordable Care Act Authorizes Tax Credits On The Federal Exchanges, David Gamage, Darien Shanske
Articles by Maurer Faculty
This Essay refutes Adler’s and Cannon’s argument that the Affordable Care Act (“Obamacare”) does not authorize premium tax credits for insurance policies purchased from the federal healthcare Exchanges. Adler’s and Cannon’s argument is the basis of challenges in a number of ongoing lawsuits, including Oklahoma ex rel. Pruitt v. Sebelius and Halbig v. Sebelius. This Essay conducts a textual analysis of the Affordable Care Act and concludes that the text clearly authorizes premium tax credits for insurance policies purchased from the federal healthcare Exchanges.
On November 7th, 2014, the U.S. Supreme Court agreed to hear the appeal of the King …
A Way Forward For Tax Law And Economics? A Response To Osofsky's "Frictions, Screening, And Tax Law Design",
2014
Indiana University Maurer School of Law
A Way Forward For Tax Law And Economics? A Response To Osofsky's "Frictions, Screening, And Tax Law Design", David Gamage
Articles by Maurer Faculty
This Essay responds to Leigh Osofsky's, "Who’s Naughty and Who’s Nice? Frictions, Screening, and Tax Law Design." Osofsky’s analysis suggests that tax rules might be designed so as to take account both of heterogeneity in taxpayers’ tax planning proclivities and of taxpayer characteristics relevant for distribution. By designing tax rules so as to create frictions that differentially impose higher costs on those taxpayers who are more successfully circumventing existing taxes we can perhaps reform our tax system so as to better achieve equitable distribution at lower efficiency costs. This Essay argues that Osofsky's analysis is generally correct and that it …
Book Review. Deficits, Debt, And The New Politics Of Tax Policy By Dennis S. Ippolito,
2014
Indiana University Maurer School of Law
Book Review. Deficits, Debt, And The New Politics Of Tax Policy By Dennis S. Ippolito, Ajay K. Mehrotra
Articles by Maurer Faculty
No abstract provided.
Retreat From Progressive Taxation In The Swedish Welfare State: Does Immigration Matter?,
2014
Saint Louis University School of Law
Retreat From Progressive Taxation In The Swedish Welfare State: Does Immigration Matter?, Henry Ordower
All Faculty Scholarship
This paper questions whether late twentieth century immigration patterns may have contributed to retreat from progressive taxation in Sweden (and elsewhere). The paper applies critical methodology to ask whether the societal generosity reflected in development of Sweden’s welfare state yielded to greater parsimony as Sweden opened its borders to ethnically and racially diverse groups of immigrants. The paper explores whether Sweden’s loss of societal homogeneity facilitated the development of a political climate in which protecting traditional Scandinavian-owned capital from taxation became acceptable. Social science literature already has detected various unintentional ethnic and gender biases in delivery of welfare services and …
Income Imputation: Toward Equal Treatment Of Renters And Owners,
2014
Saint Louis University School of Law
Income Imputation: Toward Equal Treatment Of Renters And Owners, Henry Ordower
All Faculty Scholarship
This chapter argues that fundamental fairness principles demand changes in U.S. tax law to place those who rent on an equal tax footing with those who own their residences. The disparity in tax treatment of owners and renters results primarily from the failure of the tax law to include the use value from investment of capital in a personal residence in the incomes of owners. While the yield from investment in a personal residence is not cash, the yield is valuable as it replaces an outlay for dwelling use the owner otherwise would have to make. That occupancy right as …
Why Y? Reflections On The Baucus Proposal,
2013
University of Michigan Law School
Why Y? Reflections On The Baucus Proposal, Reuven S. Avi-Yonah
Articles
The international tax reform proposal introduced by Sen. Max Baucus, D-Mont., on November 19 contains several significant innovations that promise to define the terms of the debate for the foreseeable political future. (Prior coverage: Tax Notes Int’l, Nov. 25, 2013, p. 691.) It is therefore worth examining in detail even if it seems unlikely that progress toward meaningful reform can be achieved very soon.
Recent Developments & Tax Planning For High Income Taxpayers,
2013
William & Mary Law School
Recent Developments & Tax Planning For High Income Taxpayers, Cameron N. Cosby, Brian J. O'Connor
William & Mary Annual Tax Conference
No abstract provided.
A Review Of International Business Tax Reform,
2013
University of Miami Law School
A Review Of International Business Tax Reform, Alexander M. Lewis
University of Miami International and Comparative Law Review
No abstract provided.
The Future Of Corporate Tax Reform: A Debate,
2013
Cleveland-Marshall College of Law, Cleveland State University
The Future Of Corporate Tax Reform: A Debate, Deborah A. Geier, Omni Y. Marian, David S. Miller, Adam H. Rosenzweig
Law Faculty Articles and Essays
Professor Geier participated in a Lincoln-Douglas style debate, where the debaters were assigned different roles, so the opinions expressed were not necessarily their own. On the first point debated, Professor Geier was assigned to argue: The Affirmative: We Need to Tax Corporationsat the Entity Level. Others argued the negative: The United States Should Repeal the Corporate Income Tax. On the second point debated, Professor Geier argued the negative, that Dividend Exemption Is NOT the Best Method of Corporate/Shareholder Integration, and is in fact the worst method. On the third point, Professor Geier argued in the affirmative, that the corporate tax …
The End Of Cash, The Income Tax, And The Next 100 Years,
2013
University of Georgia School of Law
The End Of Cash, The Income Tax, And The Next 100 Years, Gregg D. Polsky, Jeffery H. Kahn
Scholarly Works
The income tax is technologically very similar to the way it was in its early years, and technological developments have been at the margins of the income tax and have not affected its core elements. Still, technological improvements have made third-party reporting and withholding more efficient, which has allowed these mechanisms to become more pervasively used. Technology has also made it easier for taxpayers to substantiate their activities. These changes have facilitated the evolution of the incometax from its original class tax to the mass tax it is today.
While further technological advances might improve the federal income tax, it …
Graev: Conditional Facade Easement,
2013
University of Baltimore School of Law
Graev: Conditional Facade Easement, Wendy G. Gerzog
All Faculty Scholarship
In Graev v. Commissioner, the Tax Court decided whether the taxpayers’ donations of a facade easement and cash contributions were conditional gifts and therefore disallowable as charitable deductions under the requirements of the regulations. The court reviewed the facts to determine whether the condition was allowed because it was “so remote as to be negligible.” The taxpayers argued that case law at the time of the donation allowed for a donation of between 10 and 15 percent of the value of the property, and that they had deducted a value constituting 11 percent of the property’s appraised value; that the …
Reinterpreting The Limited Partner
Exclusion To Maximize Labor Income In
The Self-Employment Tax Base ,
2013
Washington and Lee University School of Law
Reinterpreting The Limited Partner Exclusion To Maximize Labor Income In The Self-Employment Tax Base , Laura E. Erdman
Washington and Lee Law Review
No abstract provided.
Koons: Interest Deduction And Flp Valuation Practice Pointers,
2013
University of Baltimore School of Law
Koons: Interest Deduction And Flp Valuation Practice Pointers, Wendy G. Gerzog
All Faculty Scholarship
The Tax Court's Koons decision explains the rules for allowing an estate to deduct interest payments, and it details how the court arrived at a determination of the value of a family limited liability company interest.
