taxlaw: A Pathfinder

This is a computer-generated pathfinder created against the Distant Reader study called taxlaw.

Each Distant Reader study carrel is composed of many individual items. Each item is bibliographically described with author, title, date, summary, and keyword values. Below is a list of the items' most signficant keywords as well as lists of the items themselves. Purpusing the content of this pathfinder provides the student, researcher, or scholar with one way to get their heads around the scope of the carrel. The keywords include:

Income; Note; Law; U.s; Taxes; Taxation; Taxpayers; Government; Rules; Irs; Taxpayer; Plan

Depending on how this pathfinder was created, many of the bibliographic sections will include elaborations on the meaning(s) of the given keywords. These elaborations were generated by feeding the items' summaries to a large langauge model and asking the model to address the question, "What is X?", where "X" is the keyword. The result will be a few sentences of elaboration. Be forewarned. The elaborations are often plausible, but they should not be take as truth. Instead, they should be taken as points for consideration.

• THE WORST CHOICE FOR SCHOOL CHOICE: TUITION TAX CREDITS ARE A BAD IDEA AND DIRECT FUNDING IS WISER by Broyde, Michael; Gabianelli, Anna (2024) - Such programs make state money available to families for educational costs, often including private school tuition.1 States sponsor these 1 States offering tuition tax credits include Georgia (Qualified Education Expense Tax Credit, Ga. Code Ann. It is time to straighten out the sidewalk to the front door of private school aid. Keywords: aid; benefit; carson; clause; court; education; establishment; families; funding; funds; georgia; government; income; law; money; organizations; parents; private; program; public; scholarship; school choice; school tax; schools; state; state tax; students; tax credits; tax law; tuition; tuition tax; u.s
• The Realization Rule as a Legal Standard by Speck, Sloan G. (2024) - 150 See Moore, 144 S. Ct. at 1707 (Barrett, J., concurring) (arguing that Congress’s ability to attribute an entity’s income to shareholders “depends on the relationship between the shareholder and the income.”). 2024] REALIZATION RULE AS A LEGAL STANDARD 21 Similarly, Barrett’s construction of constitutional realization emphasizes the inquiry’s broad, contextual nature. Taken together, the Barrett and Thomas opinions strongly support a constitutional realization requirement, while the Kavanaugh majority avoids taking a position on the issue.136 Only Justice Jackson’s concurrence takes a clear position against constitutional realization, and the absence of other Justices joining her opinion emphasizes the Court’s instability on the issue. Keywords: antiabuse; code; congress; court; debt; doctrine; facts; gift; government; i.r.c; income; income tax; law; legal; macomber; moore; note; realization; realization requirement; realization rule; regulations; rev; rules; sale; standard; stock; supra; supra note; surrey; system; tax; tax law; taxation; taxpayers; transactions; u.s
• Keep Charitable Oversight in the IRS by Hackney, Philip (2024) - While it is unlikely that states or the sector would be willing to give this full authority to the IRS, examining this question allows us to see both a significant challenge of the critic’s proposals and a fundamental challenge to IRS charity regulation. Thus, for tax law purposes the primary purpose of IRS charity oversight is to provide the IRS a means of ensuring that the federal tax system is not eroded. Keywords: agency; benefit; charitable; charities; charity; charity regulation; charity tax; congress; enforcement; federal; governance; government; hackney; i.r.c; income; income tax; irs; irs charity; level; new; nonprofit; organizations; oversight; public; purpose; regulation; resources; rev; revenue; rules; sector; society; state; state law; supra note; tax; tax law; trust
• Taxation and Corporate Governance by Siman, Ariel; Avi-Yonah, Reuven (2024) - “Political Clout” .................................................................................70 E. The Corporate Alternative Minimum Tax and Its Critics ..........................70 F. Summary ....................................................................................................74 V. THE CORPORATE GOVERNANCE JUSTIFICATION(S) FOR CORPORATE TAX ........ This argument finds support in the fact that corporate tax is very complicated and imposes significant transaction costs on society. Keywords: agency; control; corporations; costs; earnings; function; governance; income; income tax; information; justification; management; managers; market; note; problem; sec; services; shareholders; supra; system; tax; tax authorities; tax law; taxation
• The Tax Redistribution Gap by Baudry, Eric (2025) - failed to claim any of them.119 Australian tax scholar Neil Warren proposes tax redistribution gap analysis more directly: “there is no reason why tax [revenue] gap studies cannot be expanded beyond taxes by a revenue administration if it was also administering negative taxes 113 Avi-Yonah, supra note 4, at 11. And while some amount of tax revenue gap is also inevitable, solutions abound. Keywords: analysis; bankruptcy; benefits; credit; eitc; gap; goods; government; income; income tax; information; irs; law; measure; note; policy; public; rates; redistribution; redistribution gap; revenue gap; study; supra; supra note; system; tax; tax credit; tax gap; tax law; tax redistribution; tax revenue; tax system; taxation; taxes; taxpayers; year
• The Sound and Fury of Carried Interest Reform by Burke, Karen C. (2010) - This problem is exacerbated to the extent a service provider can receive a partnership profits interest tax free and be recognized as a partner even though his claim to a share of the partnership’s capital is contingent on a performance goal. PROPOSED §§ 710 AND 83 ......................................................... 19 A. Ordinary Income Treatment ............................................... Keywords: capital; capital gain; capital interest; compensation; gain; income; interest; investment; note; partnership; partnership tax; profits; profits interest; return; salary; service; supra; supra note; tax
• “Establishment”: A Core Concept in Chinese Inbound Income Taxation by Cui, Wei (2010) - But it would be a mistake to think that these inducements constituted the tax policy embodiment of a general favorable economic policy toward foreign investment, forgetting the careful selection that foreign investments have to go through. Until quite recently,74 in the absence of explicit guidance, QFIIs (and their customers on behalf of whom QFIIs invested and traded in China) did not have to pay Chinese income tax on many types of investment income without knowing whether there was any legal basis for this de facto exemption or how long it would last.75 We will see further below that other forms of FPI in China, for example, real estate investments,76 have generated their share of long-standing questions about appropriate tax treatments. Keywords: business; capital; china; chinese; concept; enterprises; establishment; feb; foreign; forms; income; income tax; investment; investors; law; note; partnership; policy; rules; state; supra; supra note; tax; tax law; taxation; trade; u.s
• Complex Tax Legislation in the TurboTax Era by Zelenak, Lawrence (2010) - Nevertheless, there is good reason to suspect that it is no accident that the increase in tax return complexity has coincided with the triumph of return preparation software.22 This section begins by examining the AMT, and then turns to phase-outs. It will not surprise anyone familiar with the explosive growth of tax expenditures in the years following the institutionalization of tax expenditure budget analysis102 that the structural reforms of 1998 have done little or nothing to bring tax complexity under control. Keywords: act; amt; complexity; congress; credit; i.r.c; income; income tax; outs; phase; preparation; provisions; rates; return; software; tax; taxpayers
• To Confuse and Protect: Taxes and Consumer Protection by Nussim, Jacob (2010) - Assume the after tax price of such a basket is 500, while the pre-tax price is 400. See, e.g., William G. Gale, The Required Tax Rate in a �ational Retail Sales Tax, 52 NAT’L TAX J. 443, 455–56 (1999) (arguing that required tax-inclusive rate would be over 50% and the required tax-exclusive rate would be over 100%); William G. Gale, The �ational Retail Sales Tax: What Would the Rate Have To Be?, 107 TAX NOTES 889, 896, 898–99 (May 16, 2005) (estimating consumption tax rates much higher than 30%); Charles McLure, Testimony Before the President’s Advisory Panel on Tax Reform (2005), available at http://govinfo.library.unt.edu/taxreformpanel/meetings/meeting-05_11-12_2005.html (last visited May 14, 2010). Keywords: behavior; burden; consumers; consumption; consumption tax; effect; example; exclusive; goods; inclusive; income; indication; individuals; information; law; market; note; prices; pricing; protection; regulation; rev; sales; sales tax; supra; supra note; tax; tax law; taxes; welfare
• The Timing of Income Recognition in Tax Law and the Time Value of Money, by Moshe Shekel by Jensen, Erik M. (2010) - The controlling doctrine in U.S. tax law, however, is not that substance always controls over form. American tax lawyers are engaged in public policy creation and criticism to a greater extent than their colleagues in most other actually decrease compliance. Keywords: american; income; issues; law; rules; shekel; tax; timing
• Doing Too Much: The Standard Deduction and the Conflict Between Progressivity and Simplification by Brooks II, John R. (2011) - NO. 95-66, at 51 (―Conversion of standard deduction into zero bracket amount and floor under itemized deductions‖). The Senate Finance Committee titled the section of its report on this provision of the act, ―Conversion of standard deduction into zero bracket amount and floor under itemized deductions.‖ 75 It is thus ironic that Congress named primarily simplification purposes in making the changes. Keywords: act; agi; benefit; bracket; deduction; expenses; floor; income; income tax; itemizers; line; non; note; progressivity; rate; simplification; standard; standard deduction; supra; supra note; tax; tax deduction; taxpayers; zba
• Time for the Child Tax Credit to Grow Up: Preserving the Credit’s Availability and Enhancing Benefits for Families by McGroarty, Jennifer (2011) - As a percentage of GDP, tax credits and exemptions related to children have declined from 1.28% in 1960 to 0.94% in 2007. Though the use of tax credits and exemptions as a share of GDP has decreased over time, they are still important vehicles by which the government distributes money for the benefit of children. Keywords: children; credit; ctc; families; income; income families; refundability; tax; tax credit; threshold
• Deducting the Cost of Sex Reassignment Surgery: How O’Donnabhain v. Commissioner Can Help Us Make Sense of the Medical Expense Deduction by Luszti, Tamar E. (2012) - Abstract In February 2010, the Tax Court held that a taxpayer’s expenses incurred for hormone therapy and sex reassignment surgery were deductible as medical expenses under § 213 because they treated the disease of gender identity disorder. 105
 C.
 Analysis.............................................................................................................. 108
 V.
 CONCLUSION ........................................................................................................ 111
 88 COLUMBIA JOURNAL OF TAX LAW [Vol.3:86 I. INTRODUCTION The Tax Court recently held in O’Donnabhain v. Commissioner 1 that a taxpayer’s expenses incurred for hormone therapy and sex reassignment surgery (“SRS”) were deductible as medical expenses under § 213 because they treated the disease of gender identity disorder (“GID”). Keywords: appearance; deductible; deduction; disease; expense deduction; expenses; health; income; medical; note; o’donnabhain; supra; supra note; surgery; t.c; tax; taxpayer; treatment
• Tax Liability for Wage Theft by Pandya, Sachin S. (2012) - ARTICLES Tax Liability for Wage Theft Sachin S. Pandya * Abstract This paper shows how, under existing tax law, illegal wage underpayment by an employer (sometimes called “wage theft”) may generate employer tax liability for unreported income or disallowed business expense deductions. 9 To date, no one has identified a basis under existing tax law for treating wage underpayment as generating employer tax liability, let alone discussed how such liability might be enforced. Keywords: business; claims; employer; federal; i.r.c; income; income tax; informant; irs; law; liability; market; price; reg; services; state; tax; tax law; tax liability; theft; treas; underpayment; unpaid; value; wage; worker
• Quantifying the Personal Income Tax Benefits of Backdating: A Canada – US Comparison by Compton, Ryan A.; Nicholls, Christopher C.; Sandler, Daniel; Tedds, Lindsay M. (2012) - In the first scenario—backdated options that are reported as being at-the-money—the maximum number of stock options vesting in any one year that can benefit from the deferral is 7,017, which is calculated by dividing the $100,000 limit by $14.25, the purported fair market value of the underlying stock when the options were granted. 23 As will be shown, this is potentially an important component in the decision of executives to accept backdated stock options and may provide an additional incentive for executives to demand them in Canada. Keywords: backdating; benefit; canada; employee; executive; exercise; i.r.c; income; income tax; money; money options; options; price; shares; stock options; tax; value; year
• The Earned Income Tax Credit, Low-Income Workers, and the Legal Aid Community by Schneller, Jonathan P.; Chilton, Adam S.; Boehm, Joshua L. (2012) - Largely because EITC claimants have little guidance in navigating the difficult filing process, they are subject to high rates of IRS audits and rescission of benefits with penalties and interest. In the pages that follow, we argue both that the EITC’s administration should be reformed to make it better suited to the needs of its low-income clientele, and that the legal aid community should respond to the centrality of the EITC in American welfare policy by devoting greater resources and energy to assisting EITC claimants. Keywords: advocate; aid; assistance; audit; benefits; claimants; community; court; credit; eitc; eitc claimants; eligibility; income; income tax; irs; legal; note; process; program; representation; services; supra; supra note; system; tax; taxpayer; welfare; workers; year
• Decoupling Taxes and Marriage: Beyond Innocence and Income Splitting by Drumbl, Michelle Lyon (2013) - Thus, as a general rule, spouses who file joint income tax returns are jointly and severally liable for the full amount of tax due on the combined incomes.”). Since 1986, the Service has encouraged (and, more recently, mandated in some cases) the electronic filing of income tax returns. Keywords: cases; congress; couple; court; filing; income; income credit; income tax; income taxpayers; innocent; joint; liability; marriage; relief; report; return; service; spouse; spouse relief; tax; tax court; tax credit; tax liability; taxpayers
• Income Tax Treaty Policy in the 21st Century: Residence vs. Source by Wells, Bret; Lowell, Cym H. (2014) - This did not occur, facilitating the evolution of interim holding companies in low tax countries. 64 Work on income tax treaties commenced immediately.65 The Fiscal Committee of the League of Nations commissioned four economists to study the double taxation problem.66 These economic experts faced the same conundrum as the ICC had: the allocation of taxing jurisdiction between countries. Keywords: business; committee; countries; country; experts; global; icc; income; income tax; international; league; model; nations; note; oecd; policy; report; residence; residence country; source; source country; supra; supra note; tax; tax treaty; taxation; treaty policy; world
• The Use of Cross-Border Corporate Profits and Losses and “Global Corporate Tax Information”: A Game Theory Approach by Garbarino, Carlo (2014) - Once foreign activities become profitable, US taxpayers are encouraged to transfer those activities to controlled foreign corporations, in order to defer US tax on the foreign-source income.83 Second, foreign corporate losses and other deductions may be transferred to the US domestic tax jurisdiction by multinational firms that thereby capture tax rents. Symmetrically, the Panel's proposal would disallow domestic deductions for costs directly allocated to exempt foreign-source income, as well as interest (allocated under a worldwide apportionment approach) and overhead expenses allocated to exempt foreign-source income.93 When the US in all the instances described above allows effective consolidation in the US of foreign corporate profits and losses, and interacts with a country that is adopting a domestic tax consolidation system which unilaterally protects its own tax base, the US has a dominant unilateral strategy which may not protect US tax base. Keywords: border; ccctb; companies; company; consolidation; corporate; countries; country; domestic; exchange; foreign; global; group; income; losses; profits; residence; resident; source; source country; strategies; strategy; supra; tax; tax base; tax consolidation; tax information
• The U.S. as Tax Haven? Aiding Developing Countries by Revoking the Revenue Rule by Brunson, Samuel D. (2014) - In determining whether it will enforce another country’s non-revenue judgments, courts often look at whether the other country would reciprocally enforce its judgments.199 If the United States revoked the revenue rule and began to enforce foreign countries’ tax judgments, other countries would potentially reciprocate, enforcing U.S. tax judgments against assets in those countries. Reciprocity is neither necessary nor sufficient, of course, to cause other countries to enforce U.S. tax judgments. Keywords: convention; countries; country; courts; foreign; government; havens; income; income tax; judgments; jurisdiction; law; note; oecd; revenue; revenue rule; rule; states; supra; tax; tax haven; tax judgments; tax law; tax revenue; taxes; treaties; treaty; u.s; united; united states
• The Intricacies of Tax and Globalization by Leviner, Savit (2014) - (The incentive to reduce corporate tax rates in order to attract foreign direct investment has increased since the early 1980s, as levels of world foreign direct investment rose sharply during that time.); International Monetary Fund (IMF) Staff, Globalization: A Brief Overview, 2 IMF ISSUES BRIEF 1–2 (May 2008), available at http://www.imf.org/external/index.htm (The term 'globalization' began to be used more commonly in the 1980s, reflecting technological advances that made it easier and quicker to complete international transactions – both trade and financial flows.). In 2011, the OECD average rate was below 26%.37 Compared with personal income taxation, corporate tax rates exhibit a particularly steep decline during the past three and a half decades. Keywords: avi; capital; competition; countries; economic; globalization; income; income tax; law; marian; oecd; policy; rates; supra note; tax; tax competition; tax law; tax rates; taxation; taxes; u.s; world; yonah
• Taxing Publicly Traded Entities by Cauble, Emily (2015) - Instead, any items of tax income, gain, loss, or deduction recognized by the entity will be passed through to the entity‘s owners for the owners to 18 Treas. Instead of subjecting income to tax at the entity level, any items of tax income, gain, loss, or deduction recognized by the entity will be passed through to the entity‘s owners for the owners to take into account directly when computing their own taxable income. Keywords: blackstone; dividend income; entities; entity; income; interest; level tax; non; owners; partnership; qualifying; qualifying income; rules; subject; tax; tax treatment; treatment; u.s
• A Simpler Verifiable Gift Tax by Gerzog, Wendy C. (2015) - While this author thus acknowledges that she has not found convincing data that requires the preservation of most gift tax benefits, she nevertheless proposes that the simpler gift tax retain at least some of those preferences in order to encourage easily valued and reported lifetime transfers and to compensate for the revenue loss attached to the adoption of a hard-to- complete rule for gift tax gift completion. 34 The purpose of this added exclusion is to clarify under what circumstances payments to family and friend caregivers would be exempt from gift tax. Keywords: donor; estate; estate tax; exclusion; family; gift tax; gifts; i.r.c; income; interest; law; note; power; property; reg; revenue; rules; section; supra; supra note; tax; transfer; transfer tax; treas; trust; value
• The Future of American Tax Administration: Conceptual Alternatives and Political Realities by Johnson, Steve R. (2016) - Indeed, “Congress almost annually over the last 25 years has passed legislation that has imposed additional burdens on IRS tax collection and administration.” Overall, between 2010 and 2015, IRS enforcement dropped by 20%.62 For example: • As noted in Subpart I.A. above, information gathering and enforcement involving transnational activities are of great and growing importance. Keywords: administration; american; budget; code; commissioner; congress; enforcement; future; government; i.r.c; income; income tax; irs; john; koskinen; law; letter; note; reform; revenue; service; supra; supra note; tax; tax administration; tax law; taxpayers; treasury; u.s; united; year
• Pursuing a Single Mission (or Something Closer to It) for the IRS by Hickman, Kristin E. (2016) - 15 GAO IRS BUDGET CUTS REP., supra note 14, at 8–9, (documenting that budget cuts have fallen mostly on IRS enforcement functions and that the number of IRS full-time employees has declined as well, both generally and with respect to enforcement functions). 186 COLUMBIA JOURNAL OF TAX LAW [Vol.7:169 insurance plans to include contraceptive coverage,115 or through IRS efforts to combat EITC fraud using traditional tax enforcement tools like tax return audits and penalties.116 Keywords: act; agencies; agency; care; congress; department; enforcement; expenditures; functions; goals; government; health; icc; immigration; income; ins; internal; irs; law; mission; new; note; programs; revenue; service; supra; tax; taxpayer; welfare
• Minimum Global Effective Corporate Tax Rate as General Anti-Avoidance Rule by Azam, Rifat (2017) - In addition, the inversion is excluded from Section 7874 if the affiliated group of the newly inverted foreign corporation has “substantial business activities” in the foreign country.106 In between these two thresholds (60%-80%), Section 7874 imposes U.S. tax on the “inversions gains” which generally refer to certain gains from transfers related to the inversion transactions. I totally agree with Shaviro who supported the enactment of an “exit tax” that “could be based on the amount of U.S. tax that the company would have paid had it repatriated all of its earnings just before the change in legal status occurred. Keywords: action; anti; business; corporate; corporations; country; foreign; general; global; income; income tax; international; minimum; minimum tax; multinationals; new; oecd; profits; proposal; rev; rules; shifting; states; system; tax; tax avoidance; tax l.; tax law; tax rate; tax reform; tax regime; tax rev; tax treaty; taxation; taxes; treaty; u.s; united; worldwide
• The Tax Lives of Uber Drivers: Evidence from Internet Discussion Forums by Oei, Shu-Yi; Ring, Diane M. (2019) - 2. Tax and Related Issues As a matter of formal tax law, the clear rule is that Uber drivers, like any other income earners, are required to include rideshare earnings in gross income but may deduct allowable expenses from their gross income.45 However, as we have argued elsewhere, tax compliance may raise certain challenges.46 By comparison, a 2016 study of Uber drivers commissioned by Uber concluded that 19.1 percent of drivers are under age 30, and only 21.8 percent are age 50 or older.64 Keywords: advice; business; car; comments; costs; deduct; discussion; drivers; driving; economy; example; expenses; forum; forum participants; forum posters; home; income; information; internet; irs; issues; lyft; mileage; miles; note; number; participants; posters; profitability; questions; reddit; ridesharing; supra; tax; tax compliance; tax issues; tax law; tax lives; taxes; threads; time; turbotax; uber; uberpeople; use; work
• The Known Unknowns of the Business Tax Reforms Proposed in the House Republican Blueprint by Graetz, Michael J. (2017) - • Tax planners are certain to engage in numerous, and perhaps novel, transactions to monetize losses. All one needs to do is replace expensing with depreciation rules, revise tax rates, eliminate border adjustments, and perhaps impose a minimum income tax on global income. Keywords: blueprint; border; business; columbia; dbcft; income; income tax; journal; law; percent; rate; reforms; tax; taxes; u.s; unknowns; value; vol.8:117
• Problems with Destination-Based Corporate Taxes and the Ryan Blueprint by Avi-Yonah, Reuven S.; Clausing, Kimberly (2017) - The base company rule, I.R.C. § 954 (2015), provides that selling goods or services through a “base company” in a low-tax jurisdiction triggers U.S. tax to the parent, and I.R.C. § 956 (2007) provides that using income otherwise eligible for deferral to invest in U.S. property (including a loan to the parent) triggers U.S. tax to the parent. This means that products, services and intangibles that are exported outside the United States will not be subject to U.S. tax regardless of where they are produced. Keywords: blueprint; border; business; destination; exchange; foreign; income; labor; problems; rate; ryan; system; tax; taxes; trade; u.s; vat; wto
• An Analysis of the House GOP Tax Plan by Burman, Leonard E.; Nunns, James R.; Page, Benjamin R.; Rohaly, Jeffrey; Rosenberg, Joseph (2017) - Border adjustability would remove these incentives, because the amount of U.S. income tax a corporation paid would not depend on where it was incorporated, where its product or service was produced, or where its shareholders resided. Current active business losses will be allowed, rather than being carried forward with interest (which will shift the timing of income tax receipts somewhat, but generally not the present value of these receipts). Keywords: credit; gop; gop tax; house; income; income tax; interest; law; percent; plan; provisions; rate; revenue; tax; tax credit; tax plan; taxes
• Tax Planning Under the Destination Based Cash Flow Tax: A Guide for Policymakers and Practitioners by Miller, David S. (2017) - Because a sale by a U.S. multinational to its Irish subsidiary would be exempt from U.S. tax, the U.S. multinational would seek to maximize the transfer sales price. The Irish subsidiary would avoid U.S. federal income tax because it would not have a permanent establishment in the United States by reason of all activities being conducted through an independent agent. Keywords: business; dbcft; income; interest; irish; parent; subsidiary; tax; u.s
• Who Pays the Price of Civilization? by San Juan, Eric A. (2018) - Finally, the Article makes suggestions for future research on tax law compliance. IMPLICATIONS OF TAX COMPLIANCE RESEARCH FOR THE RULE OF LAW After review of the tax morale literature at outset of the survey set forth above, the research team formed a hypothesis that, in general, tax law compliance would reflect conformity to social norms related to trust in government. Keywords: business; case; civilization; communities; compliance; compliance group; government; group; income; irs; law; research; rule; science; state; study; survey; tax; tax compliance; tax law; taxpayers; u.s
• Gallery-Supported Art Exhibitions: Critiquing “Crayola” by Choike, Anne M. (2018) - [perma.cc/F9Q6-548X] (indicating per square foot cost of art museum exhibitions between $75 and $200); Smithsonian Institution Office of Policy and Analysis, The Costs of Funding Exhibitions (2002), http://www.si.edu/Content/opanda/docs/Rpts2002/02.08.CostsFundingExhibitions.Final.pdf [perma.cc/29PU- G9EP] (indicating art museums’ median per square foot exhibition costs at $13 to $27 per square foot). 8 SARAH THORNTON, SEVEN DAYS IN THE ART WORLD 100 (2008) (stating location of ©MURAKAMI as MOCA’s 35,000 Geffen Contemporary building). 26 These individual markets exist side by side and also overlap.27 Within this web, the role of art museum exhibitions, and art museums generally, functions as one institution that contributes to the generation of art’s symbolic value28 that in turn drives art’s commercial value.29 Commercial exhibitions of art in a for-profit gallery are created by the artist for the primary market and produced by a gallerist that coordinates and markets all aspects of the exhibition. Keywords: activities; art; art exhibitions; art gallery; art industry; art market; art museum; art organizations; artists; arts; benefit; business; commercial; example; galleries; gallery; income; irs; law; museum exhibitions; museums; new; nonprofit; note; organization; public; purpose; reg; sponsorship; support; supra; tax; treas; value; venture; work
• Soldiers with Fortunes? Rethinking the Tax Treatment of Fallen Combatants by Cooper, Jeffrey A. (2018) - L. No. 82–183, §606, 65 Stat. 452, 567 (1951) (extending partial estate tax exemption to those killed in action while serving in a combat zone after June 24, 1950 and before January 1, 1954). This set the stage for a compromise brokered in a conference committee: the supplemental estate tax was returned to the bill but with the caveat that it would not apply to any members of the armed forces who died during the war.28 Those dying on the battlefields of World War I would pay estate tax at the 1916 rates rather than the higher 1917 ones. Keywords: act; combat; combat exemption; congress; death; estate tax; exemption; government; i.r.c; income; income tax; members; military; policy; relief; section; service; soldiers; tax; tax combat; tax exemption; tax relief; war; world
• Social Impact Bonds: A Tax-Favored Investment? by Mazur, Orly (2018) - Part II explains the current tax treatment of SIB investments and illustrates how the current state of the law treats private SIB investments unfavorably relative to other investments. It concludes that the current tax system creates unnecessary compliance risks for private SIB investors and unjustifiably treats SIB investments less favorably than comparable investments, thereby increasing administrative complexity, distorting investment decisions, and creating inequities among similarly situated investors. Keywords: benefit; bonds; capital; government; impact; income; income tax; interest; investment; investment tax; investors; programs; rate; return; sib; sib investment; sib investors; sibs; social; state; supra note; tax; tax exemption; tax law; tax treatment
• On the Threshold: Smallness and the Value-Added Tax by Satterthwaite, Emily Ann (2018) - A. Firm Bunching Below Registration Thresholds Research on the Japanese and, more recently, the UK and Finnish VATs has shown that VAT thresholds are not neutral with respect to entrepreneurs’ decisions about the size of their firms. The final part of the paper applies the theoretical and practical understandings of VAT registration thresholds developed thus far to argue that, to the contrary, equity norms point in favor of higher thresholds. Keywords: bird; bunching; businesses; case; compliance costs; costs; countries; credit; efficiency; equity; firms; government; income; input; input tax; keen; mintz; model; percent; production; registration threshold; revenue; sales; sales tax; stage; supra note; tax; tax law; taxes; threshold; value; vat; vat compliance; vat registration; vat threshold
• Schrödinger’s Currency: How Virtual Currencies Complicate the RIC and REIT Qualification Requirements by Pond, Laura D. (2018) - Virtual currency is not yet regulated under the 1940 Act, and thus cannot qualify as a security for the purposes of the RIC and REIT “good” income and “good” asset tests. Regulators’ Characterization of Virtual Currency ................................... 240 B. RIC and REIT Qualification Rules ................................................................. Keywords: act; bitcoin; cash; code; currency; good; income; investment; new; note; reit; ric; rics; securities; security; service; supra; supra note; tax; value; virtual
• Determining and Asset's Tax Basis in the Absence of a Meaningful Transfer Tax Regime by Soled, Jay A.; Schmalbeck, Richard L. (2019) - Subsection B discusses methodologies to maximize asset tax bases. TAX’N 44, 46 (2014) (“In some situations, the planning focus will be on maximizing asset values to take advantage of the step-up rather than minimizing the value of property to minimize estate tax. Keywords: act; assets; capital; code; congress; death; estate; estate tax; federal; gains; gift; i.r.c; income; income tax; market; market value; property; regime; rev; rule; tax; tax basis; tax regime; taxes; taxpayers; transfer tax; trust; valuation; value; wealth
• THE IMPACT OF GILTI AND FDII ON THE INVESTMENT LOCATION CHOICE OF U.S. MULTINATIONALS by Singh, Kartikeya; Mathur, Aparna (2019) - As long as the economic rents from such investments are subject to U.S. tax, differences in the rates of such tax between the U.S. and other jurisdictions can motivate firms to locate their investments overseas. With immediate expensing already applying to investments in self-developed intangibles, such as research and development, advertising and marketing, the normal return on such investments should also be exempt from U.S. tax.23 Other things equal, the expensing rules would prevent U.S. tax from distorting the level of investments in different classes of business assets. Keywords: capital; fdii; gilti; income; investment; investment location; percent; rate; rents; return; rules; tax; tax rate; u.s
• A GAIN MUST LIE WHERE IT FALLS: MATCHING TAX WITH ECONOMICS IN SUBCHAPTER K by Zuo, Zhiyuan (2020) - § 1.704-1(b)(2)(ii)(i), part of the SEE safe harbor, has been applied to justify partnership allocations. This is because it is now harder to create an artificial net loss for a partner through a special allocation of nonrecourse deductions.37 Treasury’s position on the allocation of partnership nonrecourse deductions appears to be a compromise between complying with the Tufts doctrine and reducing its harmful impact during partnership allocations. Keywords: allocation; capital; capital account; dro; eee; eee test; effect; example; gain; income; liquidation; partnership; partnership agreement; reg; tax; test; treas; value
• THE CASE FOR TAX INTEGRATION AND CURRENT-BASE TAXATION by Fishbien, Nir (2020) - At the time, the risk of double taxation of corporate earnings was addressed by generally excluding dividends from individual taxable income.23 This was the first phase of integration in the U.S. tax code.24 In 1936, Congress introduced the bracket rates for corporate income tax. [I]f these arguments of incentive and competition and national security are regarded as pertinent to a consideration of the rate of corporate income tax to be applied to profits from foreign activities, they can be made equally persuasive as to domestic activities. Keywords: corporate; corporation; dividend; dpd; earnings; income; income tax; note; shareholders; states; supra; tax; tax integration; tax rate; tax reform; taxation; u.s; united; wht
• FIXING FIVE FLAWS OF THE TAX CUTS AND JOBS ACT by Clausing, Kimberly A. (2020) - By carefully closing loopholes that allow the wealthy to classify their income in more lightly-taxed forms, the government can raise more revenue without relying on excessively high tax rates.27 And, of course, tax revenue is also vitally important in funding urgent priorities that can help address the needs of workers and the bottom 90%: infrastructure, R&D investments, education, and healthcare. With respect to the “worldwide” system, the U.S. government raised almost no revenue from the taxation of foreign income, since tax was not due until repatriation, and companies were adept at shielding foreign income from U.S. tax by using foreign tax credits or simply waiting for more favorable tax treatment. Keywords: act; capital; carbon; changes; companies; economic; growth; income; income tax; increase; jobs; minimum; note; policy; provisions; rates; revenue; tax; tax base; tax credit; tax cuts; tax law; tax rate; tax system; taxation; taxes; tcja; u.s
• A MINIMAL ROLE FOR MINIMUM TAXES by Sheffrin, Steven (2020) - This Article, however, does make a second-best case for one type of minimum tax, namely as a backstop for a potentially flawed or deficient tax. This Article, however, does make a second-best case for one type of minimum tax, namely as a backstop for a potentially flawed or deficient tax. Keywords: amt; base; corporations; countries; credits; example; franchise; franchise tax; income; income tax; investment; law; minimum; rates; revenue; role; states; system; tax; tax system; taxes; taxpayers
• THE IMPACT OF THE 2017 TAX ACT ON CERTAIN PERSONAL INJURY PLAINTIFFS by Polsky, Gregg (2020) - The 2017 Tax Act added a new rule, officially section 162(q), but informally known as the Harvey Weinstein rule, that disallows tax deductions for settlements of sexual harassment or sexual abuse claims that include a nondisclosure agreement (NDA).3 This appears to be the first time that the federal tax laws have been used to discourage the use of NDAs. In these examples, the defendant either loses tax deductions or the benefits of an NDA due to the nominal burdens of section 162(q) imposed on the defendant. Keywords: 162(q; act; attorney; case; claims; contingent; damages; deductions; defendant; fees; i.r.c; income; law; note; plaintiff; section; section 162(q; settlement; supra; tax
• INTER-NATION EQUITY REVISITED by Ozai, Ivan (2020) - Considering the nearly universal acceptance of inter-nation equity in the realm of international tax policy, the lack of a robust effort in the literature to provide a comprehensive examination of its conceptual content and normative underpinnings is somewhat surprising.23 The following section will discuss a few conceptions of inter- nation equity put forth in the literature and then propose a more comprehensive understanding based on Peggy Musgrave’s own development of the concept. Such a limited view of inter-nation equity hinders its potential as a normative guide for international tax policy and many times contradicts the main normative goal behind its original formulation. Keywords: allocation; approach; concept; countries; country; differential; differentiation; entitlement; equity; global; income; international; justice; law; musgrave; normative; note; oecd; policy; principle; residence; rev; rights; source; states; supra; tax; tax law; taxation; taxing
• UNIFORM INTERNATIONAL TAX COLLECTION AND DISTRIBUTION FOR GLOBAL DEVELOPMENT, A UTOPIAN BEPS ALTERNATIVE by Ordower, Henry (2021) - The first step would hold each country harmless from tax revenue loss so that following transition to the global tax, each country receives a share of tax revenue equal to its revenue from income tax in the preceding year, or an average of several years’ collections, possibly adjusted for inflation, and enable each country to maintain its infra- and superstructure. The first step would hold each country harmless from tax revenue loss so that each country, following the transition, receives a share of tax revenue equal to its revenue from income tax in the preceding year or over a rolling average of years, possibly adjusted for inflation. Keywords: base; beps; collection; competition; countries; country; distribution; economies; erosion; i.r.c; income; income tax; international; investment; jurisdictions; louis; minimum; mnes; non; note; oecd; poverty; profit; project; property; proposal; rate; rules; source; state; supra; tax; tax base; tax collection; tax competition; tax jurisdictions; tax revenue; tax rules; taxation; taxes; taxing; u.s; uniform; worldwide
• THE CASE FOR OVER-WITHHOLDING FEDERAL INCOME TAX: BENEFITS TO LOW-INCOME TAXPAYERS by Kroeber, Susannah (2021) - B. Proposed Policy: Withhold from the First Dollar Earned The proposed policy adopts a new default withholding rule, which begins withholding income tax from the first dollar earned and assumes a “single” filing status for all wage earners, regardless of family status or number of income sources. Instead of requiring an income above the threshold to initiate income tax withholdings, the new default rule would be for employers to ignore the income tax-free threshold and start withholding from the first dollar earned, adopting the assumption that all workers are single for the purpose of calculating their withholdings. Keywords: eitc; federal; filers; filing; form; income; income tax; irs; policy; refund; savings; system; tax; taxpayer; total; w-4; withholding; year
• SECRETS OF THE PANAMA PAPERS: HOW TAX HAVENS EXACERBATE INCOME INEQUALITY by Cockfield, Arthur (2021) - 156 See TAX JUSTICE NETWORK, FINANCIAL SECRECY INDEX 2020 (2020). Governments can revisit lavish tax haven tax breaks bestowed on their corporate champions that have contributed to forty years of ongoing reductions of corporate income tax burdens and boost the after-tax income of shareholders. Keywords: bank; corporations; countries; data; financial; global; governments; income; income inequality; income tax; individuals; inequality; information; law; laws; leaks; money; multinational; new; note; oecd; panama; papers; states; supra; tax; tax evasion; tax havens; tax law; taxes; taxpayers; u.s; united; wealth; world

• DONOR-ADVISED FUNDS IN THE WAKE OF THE TAX CUTS AND JOBS ACT by Walker, David (2023) - This Article argues that the cost could approach or exceed a billion dollars a year.11 To be sure, in some cases bunching charitable contribution deductions restores a marginal incentive for philanthropy that was eliminated by the TCJA’s changes. Readers traveling this far will have no doubt realized that the TCJA reforms that have been the focus of this Article bear a resemblance to Steuerle’s proposed floor on charitable contribution deductions. Keywords: accounts; assets; bunching; charitable; contributions; daf; dafs; deduction; donor; giving; note; supra; tax; taxpayers; tcja; year
• SHAPING THE FUTURE OF TRANSNATIONAL TAX DISPUTE SETTLEMENT: THE PATH TO MEDIATION by Chaisse, Julien; Ji, Xueliang (2023) - THE PATH TO MEDIATION 35 creating a new treaty, it would be better to determine whether and how the Singapore Mediation Convention can be applied to tax disputes. An efficient way to resolve tax disputes can be arbitration or mediation, as its costs are significantly less than the costs incurred in litigation.112 A. By Design: MAP in Double Tax Treaties Taxpayers can escape the possibly unfair hearings by utilizing the MAP process. Keywords: agreement; arbitration; article; convention; dispute resolution; disputes; international; investment; law; map; mediation; mediation convention; model; model tax; note; oecd; parties; process; resolution; settlement; singapore; states; supra; tax; tax convention; tax disputes; tax law; taxation; treaty
• Dual Income Taxation and Developing Countries by Bird, Richard M.; Zolt, Eric M. (2010) - Many developing countries receive a large percentage of their corporate tax revenues from a relatively small number of taxpayers, whereas other countries have a more diversified tax base.111 Countries differ both as to the level of corporate income tax rates and the relationship of the corporate rate to personal income tax rates. The dual income tax seeks to tax wages and labor income attributable to sole proprietorships and partnerships at progressive tax rates and tax capital income at a flat rate 176 COLUMBIA JOUR$AL OF TAX LAW Keywords: business; capital income; countries; incentives; income tax; interest; investment; labor income; level; nordic; note; policy; reforms; returns; revenue; supra; supra note; systems; sørensen; tax rates; tax regimes; tax system; taxation; taxes; taxpayers; withholding
• Narrowing the Tax Gap Through Presumptive Taxation by Logue, Kyle D.; Vettori, Gustavo G. (2011) - That is, given the extremely high enforcement costs associated with a tax on net business income for SMBs, this Article argues that the most efficient and distributively fair system of SMB taxation may include some form of presumptive income tax. 139 As mentioned in an earlier note, there might be some mechanisms that could deal with the underreporting of cash transactions, be it for income tax, sales tax or VAT purposes. Keywords: business; business income; business tax; costs; enforcement; example; income tax; irs; noncompliance; note; presumptive; problem; profit; receipts tax; smb income; smb tax; smbs; tax base; tax enforcement; tax evasion; tax gap; tax law; tax liability; tax noncompliance; tax regime; tax system; taxation; taxes; taxpayers; vat
• Tax Expenditures, Reform, and Distributive Justice by Sugin, Linda (2012) - Tax expenditures not only operate to reduce tax liabilities of taxpayers, they sometimes entitle individuals to transfer payments through the tax administrative apparatus.8 Because they are the equivalent of direct spending programs, reductions in tax due to tax expenditures increase the size of government.9 They are essentially public programs that are managed by the Internal Revenue Service. The purpose of distributional tables for tax expenditures would be to indicate how much taxpayers in different income classes claim in tax expenditure benefits. Keywords: analysis; benefits; budget; comm; committee; credit; deduction; efficiency; expenditure budget; federal; government; income tax; individuals; note; provisions; rates; revenue; spending; supra; tax benefits; tax expenditures; tax law; tax policy; tax reform; tax system; taxpayers
• Sales Tax Exceptionalism by Haile, Andrew J. (2013) - See infra note 107; see also STREAMLINED SALES TAX GOVERNING BOARD, INC., http://www.streamlinedsalestax.org/index.php?page=About-Us (last visited Aug. 14, 2012) (“The goal of this effort is to find solutions for the complexity in state sales tax systems that resulted in the U.S. Supreme Court holding (Bellas Hess v. Illinois and Quill Corp. v. North Dakota) that a state may not require a seller that does not have a physical presence in the state to collect tax on sales into the state.”); Zelinsky, supra note 1, at 38–39 (“[A] fundamental goal of the [Streamlined Sales & Use Tax] Project is to persuade Congress that the states participating in the Project have made it easier for firms to comply with such states’ sales and use tax laws.”). Because the nexus requirements for sales tax and use tax have been stated by the Supreme Court to be the same, I use the more familiar term “sales tax” rather than “use tax” throughout this article. Keywords: apportionment; commerce; court; income tax; nexus; note; presence; property; quill; sales tax; standard; state; state tax; supreme; tax exceptionalism; tax law; taxation; taxes; taxpayer; theory; u.s; use
• The Influence of Historical Tax Law Developments on Anglo-American Laws and Politics by Cockfield, Arthur J.; Mayles, Jonah (2014) - 2 Under this article’s account, the political struggle over, and implementation of, tax laws led to political views by early English and American peoples that they, not the Crown, were the true sovereigns of their destinies.3 The article is organized as follows. Prior literature has explored and emphasized the influence of protections against arbitrary royal prerogative found in early law, but has generally downplayed or ignored the role of tax laws. Keywords: act; american; barons; carta; charles; charter; developments; england; english; government; history; john; king; magna; magna carta; note; parliament; power; property; rights; supra note; tax; tax developments; tax laws; taxation; taxes
• Designing a Legal Vehicle for Social Enterprises: An Issue Spotting Exercise by Loric, Aurélien (2014) - Characterizing Social Entrepreneurship from Its Business Model The characteristics of social enterprise business models pertain to their double bottom line. It defines social enterprises as “businesses whose primary purpose is the common good” and that use “the methods and disciplines of business and the power of the marketplace to advance their social, environmental and human justice agendas. Keywords: activity; benefit; business; code; corporation; directors; enterprises; foundation; interests; internal; investment; l3c; law; line; nonprofit; note; organization; profit; public; purpose; revenue; section; supra; tax; vehicle
• Breaking The Spell of Tax Budget Magic by Perkins, Rachelle Holmes (2015) - 52 As discussed more fully below in Part III.A, the PAYGO rules are easily subject to manipulation through the use of temporary tax expenditure provisions. Unlike mandatory spending programs, temporary tax expenditure provisions are only scored as having revenue effects associated with the provision being enacted throughout its proposed duration rather than throughout the entire budget window period. Keywords: budget; budget rules; budget window; legislation; note; option; process; provisions; revenue; rules; spending; supra; tax; tax budget; tax expenditures; tax legislation; tax provisions; year; year budget
• Who Should Decide Whether the Apple is Rotten? Tax Disclosure and Corporate Political Agency by Benshalom, Ilan (2015) - TAX DISCLOSURE AND CORPORATE POLITICAL AGENCY Ilan Benshalom * Abstract Enron-type corporate financial accounting scandals in the beginning of the millennium have given rise to a renewed interest in corporate tax disclosure. Through its use of a wide range of interdisciplinary resources, this article aims to reformulate the multi-layered inquiry over the benefits and costs associated with corporate tax disclosure. Keywords: agency; apple; article; corporate; corporations; costs; csr; disclosure; information; investment; investors; issues; law; managers; non; note; preferences; public; responsibility; rev; shareholders; supra; supra note; tax; tax disclosure; tax planning
• Who Wins Residential Property Tax Appeals? by Johnson, Randall K. (2015) - As a result, this article explains who wins residential property tax appeals. could alter the incidence of property tax; i.e. by lowering the burden on some property owners, it raises the burden on others.‖). Abstract This article explains who wins residential property tax appeals in Cook County, Illinois. Keywords: average; cook; cook county; county; note; percentage; properties; property tax; supra; tax; tax appeals; townships
• “From Contested Concept to Cornerstone of Administrative Practice”: Social Learning and the Early History of U.S. Tax Withholding by Mehrota, Ajay K. (2016) - One of the principal aims of this article is to attend to the early U.S. history of income tax withholding and third-party information reporting. This period was also when the advent of Social Security in 1935 contributed to a learning process that eventually paved the way for our permanent system of income tax withholding. Keywords: american; collection; government; history; income tax; information; law; learning; new; note; process; reporting; revenue; source; supra; system; tax law; tax withholding; taxation; u.s; war; withholding
• Property Tax Exemptions for Hospitals: A Blunt Instrument Where a Scalpel is Needed by Santos, Eric J. (2019) - Nonprofit hospitals do not provide more charity care or deliver better service than their for-profit counterparts, but research shows that nonprofit hospitals do provide important but unprofitable services at far higher rates than for-profits.149 In other words, nonprofit hospitals are not the sole providers of health care to all people, but they are the only viable option for certain people to receive certain services.150 In short, it makes sense to begin hospital tax exemption reform at the state level, where experimentation is possible, before attempting to tackle the federal system. Keywords: benefit; care; community; costs; credits; exemption; federal; health; hospitals; new; note; profit; property; property tax; services; state; supra; system; tax; tax credits; tax exemption
• The Myth of Corporate Tax Residence by Elkins, David (2018) - Under current U.S. tax policy there is an important distinction between U.S.-source income and foreign-source income and between U.S. income tax and foreign income tax. (5) Regarding income attributable to U.S. sources, Pat would pay tax of $254,000, derived from an initial tax liability of $304,000 and an ITC of $50,000.182 From a practical perspective, the United States does not have the jurisdiction to compel all corporations to track and report U.S.-source income, foreign-source income, U.S. income tax incurred, and foreign income tax incurred; nor does it have the jurisdiction to compel all corporations to submit to an audit by U.S. administrators to verify the numbers that it does report. Keywords: ability; corporate; corporation; country; income tax; income taxation; individual; justice; nonresidents; note; pay; residence; residents; rev; shareholders; shares; source income; states; subject; supra; supra note; tax; tax l.; tax law; tax liability; tax regime; tax residence; tax rev; taxation; u.s; united
• Automation and the Income Tax by Soled, Jay A.; Thomas, Kathleen DeLaney (2019) - https://www.irs.gov/pub/irs-pdf/p15.pdf https://www.irs.gov/taxtopics/tc554.html 2018] 9 AUTOMATION AND THE INCOME TAX that the employee’s effective income tax rate is 20 percent, resulting in $20,000 of income tax due on the wages. Taxpayers who earn business income through a C corporation are not subject to payroll taxes on business income (other than on wages paid to employees of the corporation); however, such income is subject to income tax at both the corporate level and again at the individual level when distributed as a dividend. Keywords: act; automation; business; business income; capital gains; capital income; century; code; congress; example; gains income; gains tax; i.r.c; income tax; information; interest; investment income; jobs; labor income; nation; new; note; payroll tax; percent; preference; profits; rates; security; supra; tax expenditures; tax l.; tax law; tax rate; tax reform; tax revenue; tax system; taxation; taxes; taxpayers; time; use; vol.10:1; wages; wealth; year
• THE PARTNERSHIP AUDIT RULES OF 2015: THE IMPLICATIONS FOR MISVALUED PRIVATE FUNDS AND NEW PARTNERS by Malakhouskaya, Iryna (2019) - 33 Furthermore, all registered advisers are required to make disclosures about private funds: (i) “substantial reporting requirements” which generally include “census data, investment strategy, gross asset value, approximate number of beneficial owners”; (ii) “reporting of private fund service providers,” such as “auditors, prime brokers, custodians, administrators and marketers”; and (iii) “fair value reporting of private fund assets (including illiquid securities).”34 Unlike operating partnerships, in investment fund partnerships, there is only one level of tax that is imposed on the investor, solely in respect with that investor’s Keywords: act; audit; audit rules; funds; investment; investors; new; note; partnership; partnership audit; rules; section; securities; tax; valuation
• STRANDED ASSETS AND EFFICIENT PRICING FOR REGULATED UTILITIES: A FEDERAL TAX SOLUTION by Roberts, Tracey (2020) - If the benefits of accelerated tax depreciation were passed through to customers during the early years, the tax expense passed through to consumers in later years (when tax depreciation was complete) would be higher and the utility would charge higher rates for the same level of service.157 Lower income households might not be able to afford to cover these increased costs and the distributional impacts might include loss of service. The following chart compares the “service life” or “useful life” of utility assets for financial accounting and FERC rules to the “recovery period” in which a firm may deduct the costs of its investments in these assets under the tax rules. Keywords: accounting; adit; assets; bonus depreciation; capital; change; consumers; cost; cost recovery; energy; federal; gas; interest; life; note; power; property; public; rate; recovery; regulatory; rules; service; service life; supra; tax; tax accounting; tax depreciation; tax expense; tax law; tax rate; tax rules; tax savings; utilities; utility; value; year
• STATE INDIVIDUAL INCOME TAX CONFORMITY IN PRACTICE: EVIDENCE FROM THE TAX CUTS & JOBS ACT by Monahan, Amy B. (2020) - This article explores the practical effects and dynamics of state tax conformity through a novel examination of how states that tightly conformed to the federal individual income tax responded to the recently enacted Tax Cuts and Jobs Act which, for these states, would have both raised state taxes and changed the distribution of state tax burdens. While many scholars acknowledge that there are trade-offs involved in state incorporation of federal tax law, commonly referred to as state tax conformity, the practice enjoys widespread support. Keywords: act; changes; conformity; conformity states; deduction; dynamic; federal; impact; income tax; individual; legislative; note; policy; revenue; state income; state revenue; state tax; states; supra; supra note; tax; tax changes; tax code; tax conformity; tax cuts; tax law; tax system; taxes; taxpayers; tcja
• ENHANCING EFFICIENCY AT NONPROFITS WITH ANALYSIS AND DISCLOSURE by Schizer, David M. (2020) - But again, these investors can rely on profitability to measure success, while nonprofit donors cannot. 6 This Article focuses on charitable organizations under I.R.C. §501(c)(3), rather than on other nonprofits, such as advocacy groups, trade associations, and social clubs. Keywords: agencies; analysis; beneficiaries; board; charities; cost; disclosure; donors; example; firms; government; impact; influence; information; law; managers; measure; members; monitor; need; nonprofit; note; organizations; program; program analysis; public; questions; rating; success; supra; supra note; tax; value; work
• DEBT AND TAXES by Hasen, David (2021) - 2021] DEBT AND TAXES 93 nature of income from the discharge of indebtedness (DOI), of the differences between recourse and nonrecourse debt, and even of the relative merits of income and consumption as tax bases. Part V briefly discusses some of the implications of LAL for understanding the nature of and differences between income and consumption as tax bases. Keywords: basis; basis credit; borrower; debt; i.r.c; inclusion; income tax; interest; lender; loan; loan proceeds; loan transaction; nonrecourse; note; obligation; partnership; period; property; rules; tax; tax law; tax treatment; taxpayer; value
• PROTECTIVE TAX ELECTIONS by Cauble, Emily (2022) - This Article adopts the phrase “Favorable Fallback Protective Tax Elections” to refer to protective tax elections filed under these circumstances. This Article explores the various uses of protective tax elections, assesses their policy advantages and disadvantages, and recommends ways to amplify their advantages and mitigate their disadvantages. Keywords: election taxpayer; elections; example; fallback; filing; irs; note; position; property; protective; reit; supra; tax election; tax law; tax liability; tax outcome; tax position; tax treatment; taxpayer
• THE EXPANSION AND INTERNATIONALIZATION OF MANDATORY DISCLOSURE RULES by Noked, Noam; Marcone, Zachary; Tsang , Alison (2022) - MANDATORY DISCLOSURE RULES 135 which their income tax liability is affected by the transaction.87 Reportable transactions would include transactions identified by the IRS in published guidance as tax avoidance transactions, i.e.,.,., listed transactions and transactions exceeding certain monetary thresholds which had certain hallmarks commonly associated with corporate tax shelters.88 From August 2000 to October 2002, the temporary rules underwent four rounds of revision, during which time the disclosure requirement was extended to non-corporate taxpayers including individuals, trusts and partnerships.89 These amendments were made because “potentially abusive tax avoidance transactions are increasingly being used by high net-worth individuals” and that “both corporations and individuals often employ partnerships and trusts to achieve unintended tax results.”90 MANDATORY DISCLOSURE RULES 155 tax evasion, and tax avoidance transactions, which have been the primary focus of MDRs since their inception.238 Overall, these changes could be described as a shift away from a rule-based approach, which tries to identify and address specific weaknesses in the tax system (initially by using formulas to determine which tax schemes are reportable), toward a standard-based, anti-avoidance approach.239 This standard-based approach is reflected in the extensive use of generic hallmarks and the incorporation of the main benefit test in newer MDRs.240 The CRS MDRs, for example, make direct references to the intended policy of CRS when determining what arrangements must be reported.241 Thus, MDRs are becoming broad anti-avoidance standards and are imposing reporting obligations on a wide variety of transactions that violate the intent of tax laws. Keywords: arrangements; beps; canada; countries; crs mdrs; dac; disclosure; disclosure rules; hallmarks; information; intermediaries; international; law; mdrs; note; oecd; regime; registration; reporting; rev; rules; schemes; shelters; states; supra; supra note; tax; tax avoidance; tax law; tax shelter; transactions; u.s; united
• CONGLOMERATE SPIN-OFFS: WHETHER U.S. TAX LAW INHIBITS DECONGLOMERATION by Maxey, Bryce (2022) - Many thanks to Gary Mandel for his invaluable guidance and feedback in overseeing this Note, to Paul Oosterhuis for helping me understand the tax consequences associated with conglomerate spin-offs in the cross-border context, to Rick D’Avino for providing me with a solid foundation in corporate tax law, and to Professor Jeffrey N. Gordon for his help in developing this topic. To qualify for tax-free treatment under section 355, the transaction must satisfy two common law requirements: corporate business purpose and continuity of interest. Keywords: assets; business; conglomerate; conglomerate spin; corporate; corporation; distribution; i.r.s; law; note; offs; purpose; requirement; section; spin; stock; supra; tax; transaction; value; yahoo

• Foreword by Schizer, David M. (2010) - I look forward to future issues of the Columbia Journal of Tax Law and the insights it will contribute to tax law and policy. Professor Wei Cui advances the first scholarly treatment of “establishment,” a concept in domestic Chinese tax law of substantial import to the future of foreign portfolio investment in one of the world’s most important emerging markets. Keywords: law
• Legal Transitions and the Problem of Reliance by Hasen, David M. (2010) - In this part I examine two of its aspects: first, the claim that legal transitions are closely akin to factual or market changes, and second, the tacit assumption that legal transition norms can be evaluated apart from certain questions of political legitimacy and authority. A more conventional understanding of legal transitions would view them as changes to positive law (and perhaps “legislative regulations”) and therefore could bundle together what I have called the entitlement rule and the transition rule in the definition of legal transition. Keywords: case; change; date; effect; kaplow; law; literature; new; norm; policy; question; reliance; repeal; retroactivity; rule; supra note; tax; tax law; transition; transition relief; view
• New Tax Issues Arising From the Dodd-Frank Act and Related Changes to Market Practice for Derivatives by Nijenhuis, Erika W. (2011) - Cleared CDS contracts are subject to CME Rule 8F, described above, and specific 111 According to Ambac’s financial statements, Ambac’s court filings and published news reports,149 one of Ambac’s most important assets is a $700 million refund that it has received as a result of losses on a type of CDS contract known as a “pay as you go” (or PAYGO) CDS. Keywords: amendment; basis; case; cds; cds contract; cds market; clearing; clearinghouse; cme; contract; contract market; credit; currency; dealer; derivatives; dodd; exchange; frank; futures contract; interest; interest rate; issues; law; margin; market; options; party; payment; rate swap; reference; rules; section; subject; swap; swap futures; tax; tax issues; tax law; tax rules; terms; upfront
• Tax-Exempt Hospitals and Their Communities by Tahk, Susannah Camic (2015) - The results of this study suggest that how much and what kind of community benefit hospitals 181 Bradford H. Gray & Mark Schlesinger, The Accountability Of Nonprofit Hospitals: Lessons from Maryland’s Community Benefit Reporting Requirements, 46 INQUIRY 122, 122 (2009). Total community benefit was the aggregate of all community benefit variables, so hospitals with more community hospitals should be the hospitals identified in the factor analysis as spending more on each of the individual variables. Keywords: activities; benefits; care; communities; community; community benefit; community building; community health; data; free; health; health care; hospitals; irs; law; line; needs; new; patients; percent; policies; policy; provide; regulations; requirements; schedule; standard; tax; tax law
• A New Theory of Taxpayer Standing by Parks, James R. (2015) - Note, Standing in the Mud: Hein v. Freedom From Religion Foundation, Inc., 42 AKRON L. REV. 1277, 1278 (arguing that the Supreme Court has continually provided “perplexing decisions in taxpayer standing cases”). 94 The contention that the injury alleged in taxpayer standing cases is not concrete and particularized is foundationally weak and fails to grasp the real crux of taxpayer 90 Winn, 131 S. Ct. 1436. Keywords: cases; clause; constitution; court; establishment; flast; government; justice; law; power; taxpayer standing; taxpayers; test; u.s; winn
• IRS Reform: Politics As Usual? by Lederman, Leandra (2016) - Taxpayers who were subject to line-by-line audits under the program the IRS used for research at the time, the Taxpayer Compliance Measurement Program (TCMP), objected to the burden it imposed.172 Taxpayers also complained that it was hard to reach the IRS by telephone173 and that IRS employees treated them rudely.174 Although the restructuring commission was bipartisan, IRS reform was a highly political process, and the ultimate “reform bore the distinct fingerprints of leading income tax antagonists. In the same month that it released its report on the 501(c)(4) issue, TIGTA found that the IRS had spent too much money on conferences and on training videos that included a Gilligan’s Island parody, a Star Trek parody, and IRS employees learning the “Cupid Shuffle.” TREAS. Keywords: 501(c)(4; act; applications; budget; commissioner; committee; congress; employees; enforcement; gao; groups; hearings; house; information; internal; irs; irs budget; irs reform; law; lerner; notes; organizations; oversight; party; politics; pub; report; revenue; section; senate; service; status; supra note; tax; taxpayer; tea; technology; text; tigta; tsm; u.s; year
• “The Better Part of Valour Is Discretion”: Should the IRS Change or Surrender Its Oversight of Tax-Exempt Organizations? by Mayer, Lloyd Hitoshi (2016) - 82 See IRS TAX INFORMATION FOR CHARITIES AND OTHER NON-PROFITS, http://www.irs.gov /Charities-&-Non-Profits [http://perma.cc/M3RF-WN3T] (last updated Oct. 16, 2015); Carriker, supra note 42, at 9-10. See id. at 34; IRM 4.75.15.6(2), http://www.irs.gov/irm/part4/irm_04-075-015.html [http://perma .cc/9MNW-EQ3H]; IRS EXEMPT ORG., FY 2012 ANN. REP. & FY 2013 WORKPLAN 20 (2012), http://www.irs .gov/pub/irs-tege/FY2012_EO_AnnualRpt_2013_Work_Plan.pdf Keywords: ann; applications; book; compliance; congress; examinations; federal; form; government; i.r.c; information; irs; irs data; law; new; number; organizations; oversight; procedures; public; regulatory; rep; report; resources; respect; returns; rev; revenue; supra note; tax; text; year
• A Framework for Testing Regulatory Authority by Creamer, Ron (2017) - We chose to highlight the below because each is integral in examining whether specific provisions of the Regulatory Package exceed IRS authority. If that is indeed a valid exercise of executive power, it is hard to put any limit on IRS authority. Keywords: authority; cfc; corporation; debt; equity; instrument; irs; law; partnership; party; purposes; question; regulations; regulations section; rule; section; stock; tax; transaction; u.s

• Reflections on Section 367(b) Regulations and Inbound Transactions by Oosterhuis, Paul; Quinn Salazar, Mayté (2025) - § 1.367(b)-3 This review of past history spotlights an arguably fundamental error in assuming the paradigm of “deferral” with respect to the taxation of shareholders on foreign corporation earnings but not with respect to domestic corporation earnings. The expansion of shareholder taxation in Inbound Asset Reorganizations, beyond dealing with shareholder section 1248 Amounts—to tax the All E&P Amount rather than the section 1248 Amount of section 1248 Shareholders and to tax other U.S. taxpayers who are not U.S. Shareholders—serves as a proxy for the tax that should have been imposed at the corporate level but could not be because of the statutory limitations on the scope of section 367(b). Keywords: 367(b; avoidance; corporation; e&p; earnings; inbound; level; regulations; section; section 367(b; shareholder; tax; u.s
• Cartelizing Taxes: Understanding the OECD’s Campaign against “Harmful Tax Competition” by Morriss, Andrew P.; Moberg, Lotta (2013) - The bureaucratic explanation of the changes in OECD tax policy thus adds value as well. See Christians, supra note 5, at 119–22 (discussing careful choice of language in OECD tax competition discussions). Keywords: business; capital; christians; convention; countries; country; development; economic; efforts; european; example; exchange; financial; global; government; income tax; information; interest; jurisdictions; level; market; members; national; new; non; oct; oecd; oecd personnel; oecd tax; organization; policies; project; public; report; states; supra note; tax; tax authorities; tax competition; tax evasion; tax havens; tax issues; tax law; tax policy; tax rates; tax regimes; tax systems; tax treaties; tax treaty; taxation; taxes; transactions; u.s; united; united states; use; work; world
• A Guide to the GOP Tax Plan – The Way to a Better Way by Weisbach, David A. (2017) - This generates some problems with respect to the taxation of banks and other financial institutions but otherwise works reasonably well in a large number of tax systems used throughout the world. The other key assumption is that tax rates stay the same. Keywords: adjustments; basis; border; brady plan; capital; cash; consumption tax; destination; financial; flow tax; gop tax; income tax; interest; tax; tax base; tax law; tax plan; tax rate; tax rules; tax system; taxes; u.s
• Chinese State Capitalism and the International Tax Regime by Rotblat, Cameron (2019) - Moreover, if the Party succeeds in its current efforts to have private Chinese tech companies give the state “special management shares” and a direct role in corporate decision making,316 the state may gain the power to veto blatant attempts to avoid Chinese tax. In short, Party-state’s extensive influence over SOE governance can ensure that SOEs do not engage in any disfavored public- facing tax-avoidance strategies to reduce Chinese income tax paid. Keywords: belt; beps; central; china; china tax; chinese; countries; country; dividend; economic; enterprises; firms; foreign; global; government; income tax; income taxation; initiative; interest; international; int’l; investment; investors; model; model tax; new; oecd; outbound; ownership; party; percent; profits; reform; road; s. china; sasac; soes; source; sovereign; state; state capitalism; supra note; system; tax; tax competition; tax credit; tax law; tax planning; tax policies; tax policy; tax rates; tax reform; tax regime; tax revenue; tax rules; tax system; tax treaties; tax treaty; taxation; taxes; tax’n; u.s; united; worldwide

• AND YOU MAY ASK YOURSELF, WHAT IS THAT BEAUTIFUL HOUSE: HOW TAX LAWS DISTORT BEHAVIOR THROUGH THE LENS OF ARCHITECTURE by Conway, Meredith R. (2019) - Before complicating the system through the use of tax laws for other purposes – whether to regulate conduct or to achieve societal or economic objectives – one should first test the availability of alternative methods for achieving those non-revenue goals.3 Scholarship has explored these unintended distortions, which sometimes conflict directly with Congressional intent, particularly with respect to corporate transactions. 4 The beauty of studying how tax law has resulted in distortions to architecture is that the study presents a visual representation of these distortions and makes such unintended consequences noticeable or even obvious to taxpayers. Keywords: act; adams; architecture; behavior; british; buildings; design; dowell; england; french; hearth tax; houses; land; land tax; laws; new; number; property; property tax; revenue; states; supra note; tax; tax law; taxation; taxes; taxpayers; wallpaper; wealth; window tax; windows

• Global Minimum Taxation: A Strategic Approach for Developing Countries by Parada, Leopoldo (2024) - The first of these rules is known as the Income Inclusion Rule (IIR), and it is triggered with priority in the country of the ultimate parent entity (UPE) of an MNE group or that of the intermediary parent entity under certain circumstances in cases in which a minimum effective level of corporate income tax of 15% is not achieved in the country where the foreign subsidiaries of the MNE group are located.10 In other words, developing countries shall act strategically, keeping tax incentives without the elements of corporate income tax, or they shall try to make these incentives as efficient as possible for purposes of the calculation of the ETR.87 Let me take the example of refunding negative corporate tax in the form of a refundable credit to illustrate the foregoing. Keywords: benefits; countries; country; global; income tax; minimum; minimum tax; model; non; oecd; revenue; rules; supra note; tax; tax competition; tax incentives; tax rules; taxation
• Realization and Progressivity by Benshalom, Ilan (2012) - The brief reply is that policymakers should not be asking whether providing realization tax treatment to personal assets would be the perfect way to promote tax progressivity. There are, of course, independent arguments for why income rather than other tax bases such as consumption or wealth should be taxed.213 However, once the historical connection between income and the realization requirement is weakened, the question of whether income tax is the most appropriate tax base merits re-examination. Keywords: article; assets; costs; income tax; investment assets; market; market price; market regime; market tax; market value; personal; policymakers; progressivity; realization; realization requirement; respect; rev; supra note; system; tax; tax l.; tax progressivity; tax regime; taxation; taxpayers; valuation; value; wealth

• TRANSACTION-SPECIFIC TAX REFORM IN THREE STEPS: THE CASE OF CONSTRUCTIVE OWNERSHIP by Brennan, Thomas; Schizer, David (2024) - Alternatively, the test could ignore some contingencies, as other tax rules do.136 Another familiar one is when tax rules distort work and savings decisions.32 In general, there is less of this “regular deadweight loss” when taxpayers have no easy way to change their behavior. Keywords: bank; contract; delta; delta test; derivative; difference; difference contract; example; fund; gwa; gwa contract; hedge; interest; knock; option; planning; policymakers; price; reform; risk; section; tax; taxpayers; test; time; transaction; underlying; value
• TAXPAYER CHOICES, ITEMIZED DEDUCTIONS, AND THE RELATIONSHIP BETWEEN THE FEDERAL & STATE TAX SYSTEMS by Field, Heather (2021) - States shaded dark gray do not allow state itemized deductions, and states shaded light gray do not have a broad-based state personal income tax. 24 COLUMBIA JOURNAL OF TAX LAW [Vol: 13:1 amount of state itemized deductions). Keywords: changes; data; deduction; election; federal; income tax; itemization; itemization election; itemize; maryland; oregon; rates; standard; standard deduction; state; state income; state itemization; state purposes; state tax; tax; tax purposes; taxpayers; tcja; uniformity

• The Flip and Flop of Taxing Alimony by Kahn, Jeffrey H.; Roman, Rebecca (2025) - As noted by Professor Deborah Geier in her article on the tax treatment of payments related to divorces, the Supreme Court looked at the divorced couple as a unit that should be taxed only once.22 For comparison, if you look at the divorced couple as individuals, it may make sense to tax alimony payments to each.23 The money used to pay alimony generally comes from the husband’s salary, which is quintessential “income.”24 If taxed to the husband, he would be responsible for $20,000 in income tax on that amount, meaning that he would spend a total of $120,000 on alimony and taxes. Keywords: alimony; alimony payments; child; congress; consumption; deduction; government; income tax; parties; payor; recipient; spouse; support; tax system; tax treatment; taxpayer; year

• Making Partnerships Work for Mom and Pop and Everyone Else by Cauble, Emily (2011) - Sections 704(c) and 754 are additional examples of partnership tax rules that tend to become more computationally complex when applied to complicated partnerships. However, partnership tax rules designed with unsophisticated taxpayers in mind encouraged sophisticated taxpayers to form partnerships so that they could use the elections for the unintended purpose of tax liability reduction. Keywords: 704(c; basis; complexity; interest; land; method; partnership tax; partnerships; rules; sale; tax basis; tax consequences; tax gain; tax items; tax law; tax loss; tax purposes
• Fostering Ethical Professional Identity in Tax: Using the Traditional Tax Classroom by Field, Heather M. (2017) - 226 COLUMBIA JOURNAL OF TAX LAW [Vol.8:215 Research links this decline in law student well-being to the significant motivational shifts that law students experience during law school, going from more “intrinsic values and motivations” to more “extrinsic orientations” that value external markers of success such as grades and salaries.48 This research echoes broader research that demonstrates that “when intrinsic values and motivation dominate a person's choices she tends to experience satisfaction and well-being, whereas when extrinsic values and motivation are most important to her she will experience angst and distress. As discussed further in Part III.B.2, the lawyering philosophies offered herein as possible approaches to professional identity generally provide lawyers guidelines for how to exercise their discretion within the ethical constraints imposed on lawyers generally and on tax lawyers in particular. Keywords: approach; class; client; course; development; discussion; ethics; exercise; identity; identity development; lawyer; lawyering; philosophy; practice; professional; reflection; rules; statements; students; supra note; system; tax; tax law; tax lawyer; tax lawyering; tax practice; taxpayer; values

• A Partial Defense of the IRS as Health Care Agency by Monahan, Amy B. (2016) - In addition to these tax changes, ERISA contained extensive reporting and disclosure requirements, fiduciary requirements, and remedial provisions that were not included in the Code amendments.14 ERISA was squarely aimed at pension plans and, while employer health plans were subject to ERISA and had to comply with its general requirements, ERISA did not in any way substantively regulate employer-provided health plans. The IRS as Health Plan Rulemaker The three pieces of legislation described above were significant additions to the IRS’s role in employer health plan regulation, involving both rulemaking tasks and enforcement tasks. Keywords: aca; code; compliance; employer; enforcement; erisa; excise; excise tax; health; health plan; irs; labor; plan; provisions; rulemaking; tax

• Circular Argument: What is Wrong, and Right, with the Circular 230 “Covered Opinion” Regulations by Hodaszy, Steven Z. (2011) - There has to be some meaningful regulation of tax shelter opinions; otherwise, experience indicates that too many practitioners will be enticed by market forces to render unsound opinions in support of illegitimate shelters. Prior to the Covered Opinion Regulations under Circular 230, the only professional ethical guidance to attorneys specifically in relation to tax shelter opinions was found in the American Bar Association’s Formal Opinion 346, which was released in 1982. Keywords: advice; c.f.r; circular; doctrine; opinion regulations; opinions; opt; penalties; penalty; practitioner; purpose; purpose transaction; reliance; shelters; substance; supra note; tax; tax advice; tax law; tax shelter; taxpayer; transaction

• A Guide to the Guide to the Republican Better Way Plan by Raskolnikov, Alex (2017) - Nor is there any doubt that tax planning around the Plan’s new rules is already underway, even though these rules are only hypothetical at this point. This special Issue of the Columbia Journal of Tax Law will serve as an invaluable educational tool for those studying the Plan or working to improve it. Keywords: issue; plan; tax

Epilogue

For more detail, about this study carrel, see the computed home page. For more detail about study carrels in general, see the read me file.

Created: 2025-12-23