Analysis Of H.R.2551 - 115th Congress (2017-2018) - Student Loan Debt Relief Act,
2018
San Jose State University
Analysis Of H.R.2551 - 115th Congress (2017-2018) - Student Loan Debt Relief Act, Soon-Young Apple, Debanjana Banerjee, Nilesh Lad, Anna Li
The Contemporary Tax Journal
No abstract provided.
The Contemporary Tax Journal Volume 7, No. 1 - Winter 2018,
2018
San Jose State University
The Contemporary Tax Journal Volume 7, No. 1 - Winter 2018
The Contemporary Tax Journal
No abstract provided.
The Federal Arbitration Act And Independent Contractors,
2018
Drexel University Thomas R. Kline School of Law
The Federal Arbitration Act And Independent Contractors, Richard Frankel
Cardozo Law Review de•novo
The misclassification of employees as independent contractors is one of the most serious problems affecting the American workforce. It deprives workers of important employee benefits, civil rights, and wage and hour protections, and deprives the federal and state governments of billions of dollars in tax revenue annually. While workers can seek redress in the courts, businesses are trying to take away that right as well by forcing workers to submit their disputes to binding mandatory arbitration under the Federal Arbitration Act (FAA). Section 1 of the FAA, however, creates an exemption for transportation workers, stating that “nothing herein contained shall …
Failed Charity: Taking State Tax Benefits Into Account For Purposes Of The Charitable Deduction,
2018
The Catholic University of America, Columbus School of Law
Failed Charity: Taking State Tax Benefits Into Account For Purposes Of The Charitable Deduction, Roger Colinvaux
Scholarly Articles
The Tax Cuts and Jobs Act (TCJA) substantially limited the ability of individuals to deduct state and local taxes (SALT) on their federal income tax returns. Some states are advancing schemes to allow taxpayers a state tax credit for contributions to a charity controlled by the state. The issue is whether state tax benefits are deductible as a charitable contribution for purposes of the federal income tax. Under a general rule of prior law—the full deduction rule—state tax benefits were ignored for purposes of the charitable deduction. If the full deduction rule is applied to the state workaround schemes, then …
Harmonizing Federal Tax Law And The State Legalization Of Marijuana,
2018
Loyola Law School, Los Angeles
Harmonizing Federal Tax Law And The State Legalization Of Marijuana, Daniel Rowe
Loyola of Los Angeles Law Review
No abstract provided.
State Responses To Federal Tax Reform: Charitable Tax Credits,
2018
Indiana University Maurer School of Law
State Responses To Federal Tax Reform: Charitable Tax Credits, David Gamage, Joseph Bankman, Jacob Goldin, Daniel Hemel, Darien Shanske, Kirk J. Stark, Dennis J. Ventry Jr., Manoj Viswanathan
Articles by Maurer Faculty
This paper summarizes the current federal income tax treatment of charitable contributions where the gift entitles the donor to a state tax credit. Such credits are very common and are used by the states to encourage private donations to a wide range of activities, including natural resource preservation through conservation easements, private school tuition scholarship programs, financial aid for college-bound children from low-income households, shelters for victims of domestic violence, and numerous other state-supported programs. Under these programs, taxpayers receive tax credits for donations to governments, government-created funds, and nonprofits.
A central federal income tax question raised by these donations …
Caveat Irs: Problems With Abandoning The Full Deduction Rule,
2018
Indiana University Maurer School of Law
Caveat Irs: Problems With Abandoning The Full Deduction Rule, David Gamage, Joseph Bankman, Jacob Goldin, Daniel J. Hemel, Darien Shanske, Kirk J. Stark, Dennis J. Ventry Jr., Manoj Viswanathan
Articles by Maurer Faculty
Several states have passed — and many more are considering — new tax credits that would reduce tax liability based on donations made by a taxpayer in support of various state, local or non-profit programs. In general, taxpayer contributions to qualifying organizations — including public charities and private foundations, as well as federal, state, local, and tribal governments — are eligible for the federal charitable contribution deduction under section 170. In a previous article, we explained how current law supports the view that qualifying charitable contributions are deductible under section 170, even when the donor derives some federal or state …
Why (And How) States Should Tax The Repatriation,
2018
Indiana University Maurer School of Law
Why (And How) States Should Tax The Repatriation, David Gamage, Darien Shanske
Articles by Maurer Faculty
This essay analyzed how U.S. state tax laws should treat the repatriation income generated by the 2017 federal tax legislation.
The Future Of Salt: A Broader Picture,
2018
Indiana University Maurer School of Law
The Future Of Salt: A Broader Picture, David Gamage, Darien Shanske
Articles by Maurer Faculty
In this essay, we evaluate the new cap on the state and local tax (SALT) deduction. We argue that the structure of the new cap is not consistent with any theory as to what the SALT deduction is or should be. In canvassing these theories, we further evaluate how future reforms to the SALT deduction might proceed.
Wayfair: Substantial Nexus And Undue Burden,
2018
Indiana University Maurer School of Law
Wayfair: Substantial Nexus And Undue Burden, David Gamage, Darien Shanske, Adam Thimmesch
Articles by Maurer Faculty
This is the first of a series of essays wherein we analyze the U.S. Supreme Court’s decision in South Dakota v. Wayfair. In this essay, we tackle some of the more immediate interpretive questions raised by the Wayfair opinion, such as how a state should approach substantial nexus. As part of our analysis, we offer advice to state governments. Specifically, we recommend that states take note of the features of South Dakota’s law that appealed to the Court and replicate or improve on these to the extent possible. We advise states to consider simplifying their sales tax systems (and potentially …
Wayfair: Marketplaces And Foreign Vendors,
2018
Indiana University Maurer School of Law
Wayfair: Marketplaces And Foreign Vendors, David Gamage, Adam Thimmesch, Darien Shanske
Articles by Maurer Faculty
This is the third of a series of essays wherein we analyze the U.S. Supreme Court's decision in South Dakota v. Wayfair. In this essay, we address issues related to state taxation of internet marketplaces and of foreign vendors.
Wayfair: Sales Tax Formalism And Income Tax Nexus,
2018
Indiana University Maurer School of Law
Wayfair: Sales Tax Formalism And Income Tax Nexus, David Gamage, Adam Thimmesch, Darien Shanske
Articles by Maurer Faculty
This is the second of a series of essays wherein we analyze the U.S. Supreme Court's decision in South Dakota v. Wayfair. In this essay, we address issues related to sales tax formalism and income tax nexus.
A Guide To Understanding And Addressing Vacant Property In The City Of St. Louis,
2018
Saint Louis University School of Law
A Guide To Understanding And Addressing Vacant Property In The City Of St. Louis, Dana M. Malkus
Faculty White Papers
The City of St. Louis has a serious vacant property challenge. Since the population peak in 1950, the City has experienced a 63% decline in population and now has one of the highest rates of vacancy in the nation. The City has approximately 25,000 vacant properties. Approximately 12,000 of these are owned by the Land Reutilization Authority (LRA) or other public agencies, which means that approximately 13,000 are privately owned. Most of those vacant properties are concentrated in the north and southeast portions of the City. For a city of its size, the City has "an extremely large" number of …
Wayfair And The Retroactivity Of Constitutional Holdings,
2018
Indiana University Maurer School of Law
Wayfair And The Retroactivity Of Constitutional Holdings, David Gamage, Adam Thimmesch, Darien Shanske
Articles by Maurer Faculty
This essay analyzes the issue of retroactivity with respect to the Supreme Court case of South Dakota v. Wayfair.
Questioning Quill,
2018
University of Richmond
Questioning Quill, Hayes R. Holderness
Law Faculty Publications
The physical presence rule of Quill Corp. v. North Dakota is under increasing attack from the “Kill Quill” movement — a consortium of state tax administrators, industry leaders, and academics opposed to the decision. The physical presence rule prohibits states from requiring many out-of-state vendors to collect taxes on goods sold into the states. Kill Quill states have grown increasingly aggressive, and litigation is well underway in South Dakota and Alabama over those states’ direct disregard for the rule. As a petition to the Supreme Court for certiorari grows closer, the case for overturning the physical presence rule remains cloudy. …
Congress Should Sprinkle Some Salt On The Federal Courts,
2018
University of Richmond
Congress Should Sprinkle Some Salt On The Federal Courts, Hayes R. Holderness
Law Faculty Publications
Observers of the state and local tax world regularly note the seemingly irresponsible actions so often taken by state revenue agencies, by state courts, and by state legislatures — a few recent examples of states acting badly are set forth below. In many ways federal law has encouraged these types of actions by placing limited checks on the states. The federal Tax Injunction Act (TIA) and the common law comity doctrine keep federal courts off the states’ backs. Also, the Supreme Court’s South Dakota v. Wayfair Inc. decision and its Murphy v. National Collegiate Athletic Association decision, in which state …
The Economics Of American Higher Education In The New Gilded Age,
2018
University of Colorado Law School
The Economics Of American Higher Education In The New Gilded Age, Paul Campos
Publications
No abstract provided.
Two New York Tax Cases,
2018
Touro University Jacob D. Fuchsberg Law Center
Charitable Contributions In Lieu Of Salt Deductions,
2018
Indiana University Maurer School of Law
Charitable Contributions In Lieu Of Salt Deductions, David Gamage
Articles by Maurer Faculty
State governments are considering new charitable tax credits designed to circumvent the 2017 federal tax overhaul’s cap on state and local tax deductions. Will these plans work? This essay argues that the answer is: yes, but with some qualifications.
The Case For Preempting Salt Cap Workarounds,
2018
University of Richmond
The Case For Preempting Salt Cap Workarounds, Hayes R. Holderness
Law Faculty Publications
In late 2017 the Tax Cuts and Jobs Act (P.L. 115-97) was passed into law. Controversy instantly ensued. One major controversy revolves around the capping of the Internal Revenue Code section 164 state and local tax deduction at $10,000 per taxpayer (the SALT cap). Viewed by many blue states as an attack on their citizens, the SALT cap has spurred counterattacks in the form of state legislation designed to provide taxpayers with an avenue to counter the effects of the SALT cap (the SALT cap workarounds). While others have and are considering the effectiveness of the SALT cap workarounds, this …
