Taxation-Federal Commons^™

Surtax On Millionaires, John Lowrie

The Contemporary Tax Journal

No abstract provided.

Excessive Compensation – How Much Is Too Much?, Lisa Pan

The Contemporary Tax Journal

No abstract provided.

The Contemporary Tax Journal Volume 3, No. 1 – Spring/Summer 2013

The Contemporary Tax Journal

No abstract provided.

A Tax Haven In The Friendly Skies?, Yan Jiang

The Contemporary Tax Journal

No abstract provided.

Research Credit: A Journey Of Uncertainty, Lisa Pan

The Contemporary Tax Journal

No abstract provided.

Apple's Win Highlights Uncertainty In Valuing Tech Investments, Tom Hopkins, Kara Boatman

The Contemporary Tax Journal

No abstract provided.

Transferability Of The Research Tax Credit, Erika Codera

The Contemporary Tax Journal

No abstract provided.

Increase And Make Permanent The Research Tax Credit, Chloe Chen

The Contemporary Tax Journal

No abstract provided.

Nonqualified Use Of Principal Residence, Tejal Shah

The Contemporary Tax Journal

No abstract provided.

Return Of The 20% Capital Gains Rate For Certain High Income Individuals, Victoria Lau

The Contemporary Tax Journal

No abstract provided.

Repeal Of The Inclusion Of Social Security Benefits In Gross Income, Sujin Pradhan

The Contemporary Tax Journal

No abstract provided.

Federal Taxation, Robert Beard

Mercer Law Review

This Article surveys notable decisions in federal taxation handed down in 2012 by the United States Court of Appeals for the Eleventh Circuit and lower courts appealable to the Eleventh Circuit. This year, the Eleventh Circuit considered questions relating to securities transactions and the statute of limitations on assessment of taxes, while the Tax Court applied the step-transaction doctrine to a capital contribution to a corporation.

100th Anniversary Of The 16th Amendment, Victoria Lau

The Contemporary Tax Journal

No abstract provided.

Preferential Treatment Of Capital Gains, Jenny Phan

The Contemporary Tax Journal

No abstract provided.

Tax Constitutional Questions In “Obamacare”: National Federation Of Independent Business V. Sebelius In Light Of Citizens United V. Federal Election Commission And Speiser V. Randall: Conditioning A Tax Benefit On The Nonexercise Of A Constitutional Right, John R. Dorocak

The University of New Hampshire Law Review

[Excerpt] “The phrase “Tax Constitutional Questions” may seem to be an oxymoron or at least an interesting juxtaposition somewhat akin to the phrase “passive activity” derived from Section 469 of the Internal Revenue Code, which is familiar to tax practitioners, professors, and perhaps others. It has been noted elsewhere that it is seemingly normal that tax professors (and tax practitioners) are somewhat isolated from such weighty issues as constitutional questions.

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Despite what may be the tax bar’s seeming reluctance to engage in constitutional questions, those questions are nevertheless thrust upon tax practitioners and professors. Perhaps nowhere has the intersection …

Valuing Fractional Interests In Art For Estate Tax Purposes, Wendy G. Gerzog

All Faculty Scholarship

It is difficult to value fractional interests in art because there is virtually no market in those interests. Nevertheless, the Tax Court in Estate of Elkins valued the decedent’s fractional interests in multiple artworks, which the decedent and his children highly cherished. First, the court addressed the restricted agreements under section 2703 and then the court determined the value of decedent’s interests in the art.

The Transfer Pricing Regs Need A Good Edit, Susan C. Morse

Pepperdine Law Review

The U.S. government has broad discretion to change the transfer pricing regulations as they apply to corporate multinationals, and these regulations need changing because they give too much leeway to taxpayers and will continue to serve an important function in the division of international tax jurisdiction regardless of the fate of pending reform proposals. Xilinx and Veritas illustrate that taxpayers whose transfer pricing is challenged can successfully defend themselves using arm’s length definitions in the government’s own regulations. U.S. tax administrators should write revised transfer pricing rules that afford taxpayers less contracting freedom. They should incrementally add formulaic elements to …

Putting The Reign Back In Sovereign, Allison Christians

Pepperdine Law Review

In its first term, the Obama administration enacted two pieces of legislation, each designed to protect an increasingly vulnerable income tax base, and each of which had the potential to set a new and unprecedented course for no less than the regulation of the global economy by the nation-state. The first, the Foreign Account Tax Compliance Act (FATCA), sought to end global tax evasion through tax havens. The second, a little-noticed two-page addendum to the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), sought to end the contribution of American multinationals to corruption in governance by codifying the transparency …

Passthrough Entities: The Missing Element In Business Tax Reform, Karen C. Burke

Pepperdine Law Review

Reform of the U.S. corporate tax system is again on the agenda. Despite important differences, many current proposals share two common goals: (1) reducing the statutory corporate tax rate to improve U.S. international competitiveness and (2) broadening the corporate tax base by reducing or eliminating business expenditures to offset revenue losses. Given the significance of the passthrough sector and the relationship between individual and corporate taxes, however, such reforms need to be considered within a broader context. Part I of this article discusses the growing significance of the passthrough sector, which now accounts for roughly half of net business income. …

Access To Tax Injustice, Francine J. Lipman

Pepperdine Law Review

Every morning, Monday through Friday, school children across the United States raise their voices in unison and pledge allegiance to America, with liberty and justice for all. America, in turn, pledges to these children and the world that it is a nation of liberty, justice, and laws. Laws drafted by representatives intended to follow through on America’s promise of liberty and justice for all. Yet for more than 16 million of these children and 30 million adults living in poverty in 2011, America does not deliver on its promise of justice. In a recent global study, America ranked 27th out …