[{"id": "taxlaw-11798", "words": "13956", "extension": ".pdf", "flesch": "51", "author": "Walker, David", "title": "DONOR-ADVISED FUNDS IN THE WAKE OF THE TAX CUTS AND JOBS ACT", "date": "2023", "keywords": "accounts; assets; bunching; charitable; contributions; daf; dafs; deduction; donor; giving; note; supra; tax; taxpayers; tcja; year", "summary": "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\u2019s 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\u2019s proposed floor on charitable contribution deductions.", "mime": "application/pdf"}, {"id": "taxlaw-11799", "words": "15410", "extension": ".pdf", "flesch": "43", "author": "Chaisse, Julien; Ji, Xueliang", "title": "SHAPING THE FUTURE OF TRANSNATIONAL TAX DISPUTE SETTLEMENT: THE PATH TO MEDIATION", "date": "2023", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-12356", "words": "30105", "extension": ".pdf", "flesch": "55", "author": "Broyde, Michael; Gabianelli, Anna", "title": "THE WORST CHOICE FOR SCHOOL CHOICE: TUITION TAX CREDITS ARE A BAD IDEA AND DIRECT FUNDING IS WISER", "date": "2024", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-12357", "words": "40265", "extension": ".pdf", "flesch": "63", "author": "Brennan, Thomas; Schizer, David", "title": "TRANSACTION-SPECIFIC TAX REFORM IN THREE STEPS: THE CASE OF CONSTRUCTIVE OWNERSHIP", "date": "2024", "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", "summary": "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 \u201cregular deadweight loss\u201d when taxpayers have no easy way to change their behavior.", "mime": "application/pdf"}, {"id": "taxlaw-12712", "words": "28260", "extension": ".pdf", "flesch": "46", "author": "Speck, Sloan G.", "title": "The Realization Rule as a Legal Standard", "date": "2024", "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", "summary": "150 See Moore, 144 S. Ct. at 1707 (Barrett, J., concurring) (arguing that Congress\u2019s ability to attribute an entity\u2019s income to shareholders \u201cdepends on the relationship between the shareholder and the income.\u201d). 2024] REALIZATION RULE AS A LEGAL STANDARD 21 Similarly, Barrett\u2019s construction of constitutional realization emphasizes the inquiry\u2019s 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\u2019s concurrence takes a clear position against constitutional realization, and the absence of other Justices joining her opinion emphasizes the Court\u2019s instability on the issue.", "mime": "application/pdf"}, {"id": "taxlaw-12713", "words": "31448", "extension": ".pdf", "flesch": "53", "author": "Hackney, Philip", "title": "Keep Charitable Oversight in the IRS", "date": "2024", "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", "summary": "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\u2019s 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.", "mime": "application/pdf"}, {"id": "taxlaw-12714", "words": "14202", "extension": ".pdf", "flesch": "42", "author": "Parada, Leopoldo", "title": "Global Minimum Taxation: A Strategic Approach for Developing Countries", "date": "2024", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-13219", "words": "18065", "extension": ".pdf", "flesch": "43", "author": "Siman, Ariel; Avi-Yonah, Reuven", "title": "Taxation and Corporate Governance", "date": "2024", "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", "summary": "\u201cPolitical Clout\u201d .................................................................................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.", "mime": "application/pdf"}, {"id": "taxlaw-13766", "words": "22210", "extension": ".pdf", "flesch": "48", "author": "Baudry, Eric", "title": "The Tax Redistribution Gap", "date": "2025", "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", "summary": "failed to claim any of them.119 Australian tax scholar Neil Warren proposes tax redistribution gap analysis more directly: \u201cthere 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.", "mime": "application/pdf"}, {"id": "taxlaw-13767", "words": "16480", "extension": ".pdf", "flesch": "60", "author": "Kahn, Jeffrey H.; Roman, Rebecca", "title": "The Flip and Flop of Taxing Alimony", "date": "2025", "keywords": "alimony; alimony payments; child; congress; consumption; deduction; government; income tax; parties; payor; recipient; spouse; support; tax system; tax treatment; taxpayer; year", "summary": "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\u2019s salary, which is quintessential \u201cincome.\u201d24 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.", "mime": "application/pdf"}, {"id": "taxlaw-13768", "words": "11971", "extension": ".pdf", "flesch": "45", "author": "Oosterhuis, Paul; Quinn Salazar, Mayt\u00e9", "title": "Reflections on Section 367(b) Regulations and Inbound Transactions", "date": "2025", "keywords": "367(b; avoidance; corporation; e&p; earnings; inbound; level; regulations; section; section 367(b; shareholder; tax; u.s", "summary": "\u00a7 1.367(b)-3 This review of past history spotlights an arguably fundamental error in assuming the paradigm of \u201cdeferral\u201d 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\u2014to 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\u2014serves 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).", "mime": "application/pdf"}, {"id": "taxlaw-2788", "words": "205", "extension": ".pdf", "flesch": "44", "author": "Schizer, David M.", "title": "Foreword", "date": "2010", "keywords": "law", "summary": "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 \u201cestablishment,\u201d a concept in domestic Chinese tax law of substantial import to the future of foreign portfolio investment in one of the world\u2019s most important emerging markets.", "mime": "application/pdf"}, {"id": "taxlaw-2790", "words": "562", "extension": ".pdf", "flesch": "53", "author": "Paliwal, Suyash G.; Kelly, Kathryn", "title": "Preface", "date": "2010", "keywords": "journal; tax", "summary": "Microsoft Word - 05 - Preface.docx PREFACE Sixteen months ago in a comment during office hours, we raised the idea for a journal at Columbia Law School dedicated to tax law and policy. It is a need in the marketplace of tax discourse that is presently unmet, and one that we hope to fulfill.", "mime": "application/pdf"}, {"id": "taxlaw-2791", "words": "22763", "extension": ".pdf", "flesch": "52", "author": "Burke, Karen C.", "title": "The Sound and Fury of Carried Interest Reform", "date": "2010", "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", "summary": "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\u2019s capital is contingent on a performance goal. PROPOSED \u00a7\u00a7 710 AND 83 ......................................................... 19 A. Ordinary Income Treatment ...............................................", "mime": "application/pdf"}, {"id": "taxlaw-2793", "words": "20475", "extension": ".pdf", "flesch": "48", "author": "Cui, Wei", "title": "\u201cEstablishment\u201d: A Core Concept in Chinese Inbound Income Taxation", "date": "2010", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-2794", "words": "13725", "extension": ".pdf", "flesch": "55", "author": "Zelenak, Lawrence", "title": "Complex Tax Legislation in the TurboTax Era", "date": "2010", "keywords": "act; amt; complexity; congress; credit; i.r.c; income; income tax; outs; phase; preparation; provisions; rates; return; software; tax; taxpayers", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-2795", "words": "25220", "extension": ".pdf", "flesch": "48", "author": "Hasen, David M.", "title": "Legal Transitions and the Problem of Reliance", "date": "2010", "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", "summary": "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 \u201clegislative regulations\u201d) and therefore could bundle together what I have called the entitlement rule and the transition rule in the definition of legal transition.", "mime": "application/pdf"}, {"id": "taxlaw-2796", "words": "19239", "extension": ".pdf", "flesch": "49", "author": "Bird, Richard M.; Zolt, Eric M.", "title": "Dual Income Taxation and Developing Countries", "date": "2010", "keywords": "business; capital income; countries; incentives; income tax; interest; investment; labor income; level; nordic; note; policy; reforms; returns; revenue; supra; supra note; systems; s\u00f8rensen; tax rates; tax regimes; tax system; taxation; taxes; taxpayers; withholding", "summary": "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", "mime": "application/pdf"}, {"id": "taxlaw-2797", "words": "20497", "extension": ".pdf", "flesch": "47", "author": "Nussim, Jacob", "title": "To Confuse and Protect: Taxes and Consumer Protection", "date": "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", "summary": "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 \ufffdational Retail Sales Tax, 52 NAT\u2019L TAX J. 443, 455\u201356 (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 \ufffdational Retail Sales Tax: What Would the Rate Have To Be?, 107 TAX NOTES 889, 896, 898\u201399 (May 16, 2005) (estimating consumption tax rates much higher than 30%); Charles McLure, Testimony Before the President\u2019s 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).", "mime": "application/pdf"}, {"id": "taxlaw-2798", "words": "4298", "extension": ".pdf", "flesch": "59", "author": "Jensen, Erik M.", "title": "The Timing of Income Recognition in Tax Law and the Time Value of Money, by Moshe Shekel", "date": "2010", "keywords": "american; income; issues; law; rules; shekel; tax; timing", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-2799", "words": "52907", "extension": ".pdf", "flesch": "55", "author": "Nijenhuis, Erika W.", "title": "New Tax Issues Arising From the Dodd-Frank Act and Related Changes to Market Practice for Derivatives", "date": "2011", "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", "summary": "Cleared CDS contracts are subject to CME Rule 8F, described above, and specific 111 According to Ambac\u2019s financial statements, Ambac\u2019s court filings and published news reports,149 one of Ambac\u2019s 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 \u201cpay as you go\u201d (or PAYGO) CDS.", "mime": "application/pdf"}, {"id": "taxlaw-2801", "words": "32286", "extension": ".pdf", "flesch": "53", "author": "Logue, Kyle D.; Vettori, Gustavo G.", "title": "Narrowing the Tax Gap Through Presumptive Taxation", "date": "2011", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-2802", "words": "28628", "extension": ".pdf", "flesch": "51", "author": "Hodaszy, Steven Z.", "title": "Circular Argument: What is Wrong, and Right, with the Circular 230 \u201cCovered Opinion\u201d Regulations", "date": "2011", "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", "summary": "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\u2019s Formal Opinion 346, which was released in 1982.", "mime": "application/pdf"}, {"id": "taxlaw-2803", "words": "28406", "extension": ".pdf", "flesch": "58", "author": "Brooks II, John R.", "title": "Doing Too Much: The Standard Deduction and the Conflict Between Progressivity and Simplification", "date": "2011", "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", "summary": "NO. 95-66, at 51 (\u2015Conversion of standard deduction into zero bracket amount and floor under itemized deductions\u2016). The Senate Finance Committee titled the section of its report on this provision of the act, \u2015Conversion of standard deduction into zero bracket amount and floor under itemized deductions.\u2016 75 It is thus ironic that Congress named primarily simplification purposes in making the changes.", "mime": "application/pdf"}, {"id": "taxlaw-2804", "words": "32572", "extension": ".pdf", "flesch": "55", "author": "Cauble, Emily", "title": "Making Partnerships Work for Mom and Pop and Everyone Else", "date": "2011", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-2805", "words": "9253", "extension": ".pdf", "flesch": "59", "author": "McGroarty, Jennifer", "title": "Time for the Child Tax Credit to Grow Up: Preserving the Credit\u2019s Availability and Enhancing Benefits for Families", "date": "2011", "keywords": "children; credit; ctc; families; income; income families; refundability; tax; tax credit; threshold", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-2806", "words": "25604", "extension": ".pdf", "flesch": "53", "author": "Sugin, Linda", "title": "Tax Expenditures, Reform, and Distributive Justice", "date": "2012", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-2807", "words": "26156", "extension": ".pdf", "flesch": "45", "author": "Benshalom, Ilan", "title": "Realization and Progressivity", "date": "2012", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-2809", "words": "15317", "extension": ".pdf", "flesch": "49", "author": "Luszti, Tamar E.", "title": "Deducting the Cost of Sex Reassignment Surgery: How O\u2019Donnabhain v. Commissioner Can Help Us Make Sense of the Medical Expense Deduction", "date": "2012", "keywords": "appearance; deductible; deduction; disease; expense deduction; expenses; health; income; medical; note; o\u2019donnabhain; supra; supra note; surgery; t.c; tax; taxpayer; treatment", "summary": "Abstract In February 2010, the Tax Court held that a taxpayer\u2019s expenses incurred for hormone therapy and sex reassignment surgery were deductible as medical expenses under \u00a7 213 because they treated the disease of gender identity disorder. 105\u2029 C.\u2029 Analysis.............................................................................................................. 108\u2029 V.\u2029 CONCLUSION ........................................................................................................ 111\u2029 88 COLUMBIA JOURNAL OF TAX LAW [Vol.3:86 I. INTRODUCTION The Tax Court recently held in O\u2019Donnabhain v. Commissioner 1 that a taxpayer\u2019s expenses incurred for hormone therapy and sex reassignment surgery (\u201cSRS\u201d) were deductible as medical expenses under \u00a7 213 because they treated the disease of gender identity disorder (\u201cGID\u201d).", "mime": "application/pdf"}, {"id": "taxlaw-2810", "words": "17132", "extension": ".pdf", "flesch": "58", "author": "Pandya, Sachin S.", "title": "Tax Liability for Wage Theft", "date": "2012", "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", "summary": "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 \u201cwage theft\u201d) 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.", "mime": "application/pdf"}, {"id": "taxlaw-2811", "words": "18642", "extension": ".pdf", "flesch": "59", "author": "Compton, Ryan A.; Nicholls, Christopher C.; Sandler, Daniel; Tedds, Lindsay M.", "title": "Quantifying the Personal Income Tax Benefits of Backdating: A Canada \u2013 US Comparison", "date": "2012", "keywords": "backdating; benefit; canada; employee; executive; exercise; i.r.c; income; income tax; money; money options; options; price; shares; stock options; tax; value; year", "summary": "In the first scenario\u2014backdated options that are reported as being at-the-money\u2014the 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.", "mime": "application/pdf"}, {"id": "taxlaw-2812", "words": "22898", "extension": ".pdf", "flesch": "52", "author": "Schneller, Jonathan P.; Chilton, Adam S.; Boehm, Joshua L.", "title": "The Earned Income Tax Credit, Low-Income Workers, and the Legal Aid Community", "date": "2012", "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", "summary": "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\u2019s 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.", "mime": "application/pdf"}, {"id": "taxlaw-2813", "words": "41894", "extension": ".pdf", "flesch": "48", "author": "Morriss, Andrew P.; Moberg, Lotta", "title": "Cartelizing Taxes: Understanding the OECD\u2019s Campaign against \u201cHarmful Tax Competition\u201d", "date": "2013", "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", "summary": "The bureaucratic explanation of the changes in OECD tax policy thus adds value as well. See Christians, supra note 5, at 119\u201322 (discussing careful choice of language in OECD tax competition discussions).", "mime": "application/pdf"}, {"id": "taxlaw-2815", "words": "26026", "extension": ".pdf", "flesch": "55", "author": "Drumbl, Michelle Lyon", "title": "Decoupling Taxes and Marriage: Beyond Innocence and Income Splitting", "date": "2013", "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", "summary": "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.\u201d). Since 1986, the Service has encouraged (and, more recently, mandated in some cases) the electronic filing of income tax returns.", "mime": "application/pdf"}, {"id": "taxlaw-2816", "words": "19005", "extension": ".pdf", "flesch": "51", "author": "Haile, Andrew J.", "title": "Sales Tax Exceptionalism", "date": "2013", "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", "summary": "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) (\u201cThe 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.\u201d); Zelinsky, supra note 1, at 38\u201339 (\u201c[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\u2019 sales and use tax laws.\u201d). 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 \u201csales tax\u201d rather than \u201cuse tax\u201d throughout this article.", "mime": "application/pdf"}, {"id": "taxlaw-2819", "words": "21867", "extension": ".pdf", "flesch": "50", "author": "Wells, Bret; Lowell, Cym H.", "title": "Income Tax Treaty Policy in the 21st Century: Residence vs. Source", "date": "2014", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-2820", "words": "16355", "extension": ".pdf", "flesch": "55", "author": "Cockfield, Arthur J.; Mayles, Jonah", "title": "The Influence of Historical Tax Law Developments on Anglo-American Laws and Politics", "date": "2014", "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", "summary": "2 Under this article\u2019s 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.", "mime": "application/pdf"}, {"id": "taxlaw-2821", "words": "18017", "extension": ".pdf", "flesch": "49", "author": "Loric, Aur\u00e9lien", "title": "Designing a Legal Vehicle for Social Enterprises: An Issue Spotting Exercise", "date": "2014", "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", "summary": "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 \u201cbusinesses whose primary purpose is the common good\u201d and that use \u201cthe methods and disciplines of business and the power of the marketplace to advance their social, environmental and human justice agendas.", "mime": "application/pdf"}, {"id": "taxlaw-2822", "words": "22462", "extension": ".pdf", "flesch": "37", "author": "Garbarino, Carlo", "title": "The Use of Cross-Border Corporate Profits and Losses and \u201cGlobal Corporate Tax Information\u201d: A Game Theory Approach", "date": "2014", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-2823", "words": "21626", "extension": ".pdf", "flesch": "56", "author": "Brunson, Samuel D.", "title": "The U.S. as Tax Haven? Aiding Developing Countries by Revoking the Revenue Rule", "date": "2014", "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", "summary": "In determining whether it will enforce another country\u2019s 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\u2019 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.", "mime": "application/pdf"}, {"id": "taxlaw-2824", "words": "14328", "extension": ".pdf", "flesch": "38", "author": "Leviner, Savit", "title": "The Intricacies of Tax and Globalization", "date": "2014", "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", "summary": "(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\u20132 (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 \u2013 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.", "mime": "application/pdf"}, {"id": "taxlaw-2825", "words": "17343", "extension": ".pdf", "flesch": "49", "author": "Perkins, Rachelle Holmes", "title": "Breaking The Spell of Tax Budget Magic", "date": "2015", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-2826", "words": "25616", "extension": ".pdf", "flesch": "51", "author": "Tahk, Susannah Camic", "title": "Tax-Exempt Hospitals and Their Communities", "date": "2015", "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", "summary": "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\u2019s 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.", "mime": "application/pdf"}, {"id": "taxlaw-2827", "words": "18305", "extension": ".pdf", "flesch": "39", "author": "Benshalom, Ilan", "title": "Who Should Decide Whether the Apple is Rotten? Tax Disclosure and Corporate Political Agency", "date": "2015", "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", "summary": "TAX DISCLOSURE AND CORPORATE POLITICAL AGENCY Ilan Benshalom *\uf020 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.", "mime": "application/pdf"}, {"id": "taxlaw-2828", "words": "16949", "extension": ".pdf", "flesch": "48", "author": "Parks, James R.", "title": "A New Theory of Taxpayer Standing", "date": "2015", "keywords": "cases; clause; constitution; court; establishment; flast; government; justice; law; power; taxpayer standing; taxpayers; test; u.s; winn", "summary": "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 \u201cperplexing decisions in taxpayer standing cases\u201d). 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.", "mime": "application/pdf"}, {"id": "taxlaw-2830", "words": "22201", "extension": ".pdf", "flesch": "49", "author": "Cauble, Emily", "title": "Taxing Publicly Traded Entities", "date": "2015", "keywords": "blackstone; dividend income; entities; entity; income; interest; level tax; non; owners; partnership; qualifying; qualifying income; rules; subject; tax; tax treatment; treatment; u.s", "summary": "Instead, any items of tax income, gain, loss, or deduction recognized by the entity will be passed through to the entity\u2018s 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\u2018s owners for the owners to take into account directly when computing their own taxable income.", "mime": "application/pdf"}, {"id": "taxlaw-2831", "words": "18173", "extension": ".pdf", "flesch": "57", "author": "Gerzog, Wendy C.", "title": "A Simpler Verifiable Gift Tax", "date": "2015", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-2833", "words": "8843", "extension": ".pdf", "flesch": "61", "author": "Johnson, Randall K.", "title": "Who Wins Residential Property Tax Appeals?", "date": "2015", "keywords": "average; cook; cook county; county; note; percentage; properties; property tax; supra; tax; tax appeals; townships", "summary": "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.\u2016). Abstract This article explains who wins residential property tax appeals in Cook County, Illinois.", "mime": "application/pdf"}, {"id": "taxlaw-2834", "words": "17533", "extension": ".pdf", "flesch": "56", "author": "Johnson, Steve R.", "title": "The Future of American Tax Administration: Conceptual Alternatives and Political Realities", "date": "2016", "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", "summary": "Indeed, \u201cCongress almost annually over the last 25 years has passed legislation that has imposed additional burdens on IRS tax collection and administration.\u201d Overall, between 2010 and 2015, IRS enforcement dropped by 20%.62 For example: \u2022 As noted in Subpart I.A. above, information gathering and enforcement involving transnational activities are of great and growing importance.", "mime": "application/pdf"}, {"id": "taxlaw-2835", "words": "25924", "extension": ".pdf", "flesch": "52", "author": "Lederman, Leandra", "title": "IRS Reform: Politics As Usual?", "date": "2016", "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", "summary": "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 \u201creform 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\u2019s Island parody, a Star Trek parody, and IRS employees learning the \u201cCupid Shuffle.\u201d TREAS.", "mime": "application/pdf"}, {"id": "taxlaw-2836", "words": "23374", "extension": ".pdf", "flesch": "40", "author": "Mayer, Lloyd Hitoshi", "title": "\u201cThe Better Part of Valour Is Discretion\u201d: Should the IRS Change or Surrender Its Oversight of Tax-Exempt Organizations?", "date": "2016", "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", "summary": "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", "mime": "application/pdf"}, {"id": "taxlaw-2837", "words": "11564", "extension": ".pdf", "flesch": "52", "author": "Monahan, Amy B.", "title": "A Partial Defense of the IRS as Health Care Agency", "date": "2016", "keywords": "aca; code; compliance; employer; enforcement; erisa; excise; excise tax; health; health plan; irs; labor; plan; provisions; rulemaking; tax", "summary": "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\u2019s role in employer health plan regulation, involving both rulemaking tasks and enforcement tasks.", "mime": "application/pdf"}, {"id": "taxlaw-2838", "words": "13636", "extension": ".pdf", "flesch": "52", "author": "Mehrota, Ajay K.", "title": "\u201cFrom Contested Concept to Cornerstone of Administrative Practice\u201d: Social Learning and the Early History of U.S. Tax Withholding", "date": "2016", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-2840", "words": "14270", "extension": ".pdf", "flesch": "46", "author": "Hickman, Kristin E.", "title": "Pursuing a Single Mission (or Something Closer to It) for the IRS", "date": "2016", "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", "summary": "15 GAO IRS BUDGET CUTS REP., supra note 14, at 8\u20139, (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", "mime": "application/pdf"}, {"id": "taxlaw-2841", "words": "27813", "extension": ".pdf", "flesch": "43", "author": "Azam, Rifat", "title": "Minimum Global Effective Corporate Tax Rate as General Anti-Avoidance Rule", "date": "2017", "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", "summary": "In addition, the inversion is excluded from Section 7874 if the affiliated group of the newly inverted foreign corporation has \u201csubstantial business activities\u201d in the foreign country.106 In between these two thresholds (60%-80%), Section 7874 imposes U.S. tax on the \u201cinversions gains\u201d which generally refer to certain gains from transfers related to the inversion transactions. I totally agree with Shaviro who supported the enactment of an \u201cexit tax\u201d that \u201ccould 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.", "mime": "application/pdf"}, {"id": "taxlaw-2842", "words": "32782", "extension": ".pdf", "flesch": "56", "author": "Oei, Shu-Yi; Ring, Diane M.", "title": "The Tax Lives of Uber Drivers: Evidence from Internet Discussion Forums", "date": "2019", "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", "summary": "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", "mime": "application/pdf"}, {"id": "taxlaw-2843", "words": "14288", "extension": ".pdf", "flesch": "49", "author": "Santos, Eric J.", "title": "Property Tax Exemptions for Hospitals: A Blunt Instrument Where a Scalpel is Needed", "date": "2019", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-2844", "words": "1016", "extension": ".pdf", "flesch": "60", "author": "Raskolnikov, Alex", "title": "A Guide to the Guide to the Republican Better Way Plan", "date": "2017", "keywords": "issue; plan; tax", "summary": "Nor is there any doubt that tax planning around the Plan\u2019s 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.", "mime": "application/pdf"}, {"id": "taxlaw-2847", "words": "8547", "extension": ".pdf", "flesch": "55", "author": "Graetz, Michael J.", "title": "The Known Unknowns of the Business Tax Reforms Proposed in the House Republican Blueprint", "date": "2017", "keywords": "blueprint; border; business; columbia; dbcft; income; income tax; journal; law; percent; rate; reforms; tax; taxes; u.s; unknowns; value; vol.8:117", "summary": "\u2022 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.", "mime": "application/pdf"}, {"id": "taxlaw-2848", "words": "25733", "extension": ".pdf", "flesch": "62", "author": "Weisbach, David A.", "title": "A Guide to the GOP Tax Plan \u2013 The Way to a Better Way", "date": "2017", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-2850", "words": "11108", "extension": ".pdf", "flesch": "53", "author": "Avi-Yonah, Reuven S.; Clausing, Kimberly", "title": "Problems with Destination-Based Corporate Taxes and the Ryan Blueprint", "date": "2017", "keywords": "blueprint; border; business; destination; exchange; foreign; income; labor; problems; rate; ryan; system; tax; taxes; trade; u.s; vat; wto", "summary": "The base company rule, I.R.C. \u00a7 954 (2015), provides that selling goods or services through a \u201cbase company\u201d in a low-tax jurisdiction triggers U.S. tax to the parent, and I.R.C. \u00a7 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.", "mime": "application/pdf"}, {"id": "taxlaw-2851", "words": "11497", "extension": ".pdf", "flesch": "45", "author": "Burman, Leonard E.; Nunns, James R.; Page, Benjamin R.; Rohaly, Jeffrey; Rosenberg, Joseph", "title": "An Analysis of the House GOP Tax Plan", "date": "2017", "keywords": "credit; gop; gop tax; house; income; income tax; interest; law; percent; plan; provisions; rate; revenue; tax; tax credit; tax plan; taxes", "summary": "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).", "mime": "application/pdf"}, {"id": "taxlaw-2852", "words": "5150", "extension": ".pdf", "flesch": "51", "author": "Miller, David S.", "title": "Tax Planning Under the Destination Based Cash Flow Tax: A Guide for Policymakers and Practitioners", "date": "2017", "keywords": "business; dbcft; income; interest; irish; parent; subsidiary; tax; u.s", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-2853", "words": "28234", "extension": ".pdf", "flesch": "49", "author": "Field, Heather M.", "title": "Fostering Ethical Professional Identity in Tax: Using the Traditional Tax Classroom", "date": "2017", "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", "summary": "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 \u201cintrinsic values and motivations\u201d to more \u201cextrinsic orientations\u201d that value external markers of success such as grades and salaries.48 This research echoes broader research that demonstrates that \u201cwhen 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.", "mime": "application/pdf"}, {"id": "taxlaw-2855", "words": "20388", "extension": ".pdf", "flesch": "47", "author": "Creamer, Ron", "title": "A Framework for Testing Regulatory Authority", "date": "2017", "keywords": "authority; cfc; corporation; debt; equity; instrument; irs; law; partnership; party; purposes; question; regulations; regulations section; rule; section; stock; tax; transaction; u.s", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-2856", "words": "25821", "extension": ".pdf", "flesch": "48", "author": "Elkins, David", "title": "The Myth of Corporate Tax Residence", "date": "2018", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-2858", "words": "10608", "extension": ".pdf", "flesch": "45", "author": "San Juan, Eric A.", "title": "Who Pays the Price of Civilization?", "date": "2018", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-2859", "words": "26734", "extension": ".pdf", "flesch": "40", "author": "Choike, Anne M.", "title": "Gallery-Supported Art Exhibitions: Critiquing \u201cCrayola\u201d", "date": "2018", "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", "summary": "[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\u2019 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 \u00a9MURAKAMI as MOCA\u2019s 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\u2019s symbolic value28 that in turn drives art\u2019s 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.", "mime": "application/pdf"}, {"id": "taxlaw-2860", "words": "16570", "extension": ".pdf", "flesch": "58", "author": "Cooper, Jeffrey A.", "title": "Soldiers with Fortunes? Rethinking the Tax Treatment of Fallen Combatants", "date": "2018", "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", "summary": "L. No. 82\u2013183, \u00a7606, 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.", "mime": "application/pdf"}, {"id": "taxlaw-2861", "words": "20373", "extension": ".pdf", "flesch": "46", "author": "Mazur, Orly", "title": "Social Impact Bonds: A Tax-Favored Investment?", "date": "2018", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-2862", "words": "30886", "extension": ".pdf", "flesch": "50", "author": "Satterthwaite, Emily Ann", "title": "On the Threshold: Smallness and the Value-Added Tax", "date": "2018", "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", "summary": "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\u2019 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.", "mime": "application/pdf"}, {"id": "taxlaw-2863", "words": "11028", "extension": ".pdf", "flesch": "51", "author": "Pond, Laura D.", "title": "Schr\u00f6dinger\u2019s Currency: How Virtual Currencies Complicate the RIC and REIT Qualification Requirements", "date": "2018", "keywords": "act; bitcoin; cash; code; currency; good; income; investment; new; note; reit; ric; rics; securities; security; service; supra; supra note; tax; value; virtual", "summary": "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 \u201cgood\u201d income and \u201cgood\u201d asset tests. Regulators\u2019 Characterization of Virtual Currency ................................... 240 B. RIC and REIT Qualification Rules .................................................................", "mime": "application/pdf"}, {"id": "taxlaw-2864", "words": "26399", "extension": ".pdf", "flesch": "40", "author": "Soled, Jay A.; Thomas, Kathleen DeLaney", "title": "Automation and the Income Tax", "date": "2019", "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", "summary": "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\u2019s 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.", "mime": "application/pdf"}, {"id": "taxlaw-2865", "words": "15585", "extension": ".pdf", "flesch": "46", "author": "Soled, Jay A.; Schmalbeck, Richard L.", "title": "Determining and Asset's Tax Basis in the Absence of a Meaningful Transfer Tax Regime", "date": "2019", "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", "summary": "Subsection B discusses methodologies to maximize asset tax bases. TAX\u2019N 44, 46 (2014) (\u201cIn 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.", "mime": "application/pdf"}, {"id": "taxlaw-2867", "words": "36076", "extension": ".pdf", "flesch": "39", "author": "Rotblat, Cameron", "title": "Chinese State Capitalism and the International Tax Regime", "date": "2019", "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\u2019l; 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\u2019n; u.s; united; worldwide", "summary": "Moreover, if the Party succeeds in its current efforts to have private Chinese tech companies give the state \u201cspecial management shares\u201d 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\u2019s 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.", "mime": "application/pdf"}, {"id": "taxlaw-3468", "words": "17105", "extension": ".pdf", "flesch": "57", "author": "Conway, Meredith R.", "title": "AND YOU MAY ASK YOURSELF, WHAT IS THAT BEAUTIFUL HOUSE: HOW TAX LAWS DISTORT BEHAVIOR THROUGH THE LENS OF ARCHITECTURE", "date": "2019", "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", "summary": "Before complicating the system through the use of tax laws for other purposes \u2013 whether to regulate conduct or to achieve societal or economic objectives \u2013 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.", "mime": "application/pdf"}, {"id": "taxlaw-3469", "words": "12420", "extension": ".pdf", "flesch": "50", "author": "Singh, Kartikeya; Mathur, Aparna", "title": "THE IMPACT OF GILTI AND FDII ON THE INVESTMENT LOCATION CHOICE OF U.S. MULTINATIONALS", "date": "2019", "keywords": "capital; fdii; gilti; income; investment; investment location; percent; rate; rents; return; rules; tax; tax rate; u.s", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-3566", "words": "10783", "extension": ".pdf", "flesch": "44", "author": "Malakhouskaya, Iryna", "title": "THE PARTNERSHIP AUDIT RULES OF 2015: THE IMPLICATIONS FOR MISVALUED PRIVATE FUNDS AND NEW PARTNERS", "date": "2019", "keywords": "act; audit; audit rules; funds; investment; investors; new; note; partnership; partnership audit; rules; section; securities; tax; valuation", "summary": "33 Furthermore, all registered advisers are required to make disclosures about private funds: (i) \u201csubstantial reporting requirements\u201d which generally include \u201ccensus data, investment strategy, gross asset value, approximate number of beneficial owners\u201d; (ii) \u201creporting of private fund service providers,\u201d such as \u201cauditors, prime brokers, custodians, administrators and marketers\u201d; and (iii) \u201cfair value reporting of private fund assets (including illiquid securities).\u201d34 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\u2019s", "mime": "application/pdf"}, {"id": "taxlaw-6404", "words": "30589", "extension": ".pdf", "flesch": "50", "author": "Roberts, Tracey ", "title": "STRANDED ASSETS AND EFFICIENT PRICING FOR REGULATED UTILITIES: A FEDERAL TAX SOLUTION", "date": "2020", "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", "summary": "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 \u201cservice life\u201d or \u201cuseful life\u201d of utility assets for financial accounting and FERC rules to the \u201crecovery period\u201d in which a firm may deduct the costs of its investments in these assets under the tax rules.", "mime": "application/pdf"}, {"id": "taxlaw-6679", "words": "24623", "extension": ".pdf", "flesch": "49", "author": "Monahan, Amy B.", "title": "STATE INDIVIDUAL INCOME TAX CONFORMITY IN PRACTICE: EVIDENCE FROM THE TAX CUTS & JOBS ACT", "date": "2020", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-6680", "words": "22073", "extension": ".pdf", "flesch": "50", "author": "Zuo, Zhiyuan", "title": "A GAIN MUST LIE WHERE IT FALLS: MATCHING TAX WITH ECONOMICS IN SUBCHAPTER K", "date": "2020", "keywords": "allocation; capital; capital account; dro; eee; eee test; effect; example; gain; income; liquidation; partnership; partnership agreement; reg; tax; test; treas; value", "summary": "\u00a7 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\u2019s 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.", "mime": "application/pdf"}, {"id": "taxlaw-6682", "words": "17001", "extension": ".pdf", "flesch": "50", "author": "Fishbien, Nir", "title": "THE CASE FOR TAX INTEGRATION AND CURRENT-BASE TAXATION", "date": "2020", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-6840", "words": "22372", "extension": ".pdf", "flesch": "53", "author": "Clausing, Kimberly A. ", "title": "FIXING FIVE FLAWS OF THE TAX CUTS AND JOBS ACT", "date": "2020", "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", "summary": "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 \u201cworldwide\u201d 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.", "mime": "application/pdf"}, {"id": "taxlaw-6842", "words": "30930", "extension": ".pdf", "flesch": "51", "author": "Schizer, David M. ", "title": "ENHANCING EFFICIENCY AT NONPROFITS WITH ANALYSIS AND DISCLOSURE", "date": "2020", "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", "summary": "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. \u00a7501(c)(3), rather than on other nonprofits, such as advocacy groups, trade associations, and social clubs.", "mime": "application/pdf"}, {"id": "taxlaw-7405", "words": "14861", "extension": ".pdf", "flesch": "52", "author": "Sheffrin, Steven", "title": "A MINIMAL ROLE FOR MINIMUM TAXES", "date": "2020", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-7406", "words": "18338", "extension": ".pdf", "flesch": "53", "author": "Polsky, Gregg", "title": "THE IMPACT OF THE 2017 TAX ACT ON CERTAIN PERSONAL INJURY PLAINTIFFS", "date": "2020", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-7412", "words": "19368", "extension": ".pdf", "flesch": "38", "author": "Ozai, Ivan", "title": "INTER-NATION EQUITY REVISITED", "date": "2020", "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", "summary": "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\u2019s 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.", "mime": "application/pdf"}, {"id": "taxlaw-8367", "words": "24392", "extension": ".pdf", "flesch": "56", "author": "Hasen, David ", "title": "DEBT AND TAXES", "date": "2021", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-8368", "words": "26799", "extension": ".pdf", "flesch": "40", "author": "Ordower, Henry", "title": "UNIFORM INTERNATIONAL TAX COLLECTION AND DISTRIBUTION FOR GLOBAL DEVELOPMENT, A UTOPIAN BEPS ALTERNATIVE", "date": "2021", "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", "summary": "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\u2019 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.", "mime": "application/pdf"}, {"id": "taxlaw-8380", "words": "13846", "extension": ".pdf", "flesch": "52", "author": "Kroeber, Susannah", "title": "THE CASE FOR OVER-WITHHOLDING FEDERAL INCOME TAX: BENEFITS TO LOW-INCOME TAXPAYERS", "date": "2021", "keywords": "eitc; federal; filers; filing; form; income; income tax; irs; policy; refund; savings; system; tax; taxpayer; total; w-4; withholding; year", "summary": "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 \u201csingle\u201d 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.", "mime": "application/pdf"}, {"id": "taxlaw-8979", "words": "19967", "extension": ".pdf", "flesch": "46", "author": "Cockfield, Arthur", "title": "SECRETS OF THE PANAMA PAPERS: HOW TAX HAVENS EXACERBATE INCOME INEQUALITY", "date": "2021", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "taxlaw-8981", "words": "21918", "extension": ".pdf", "flesch": "44", "author": "Field, Heather", "title": "TAXPAYER CHOICES, ITEMIZED DEDUCTIONS, AND THE RELATIONSHIP BETWEEN THE FEDERAL & STATE TAX SYSTEMS", "date": "2021", "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", "summary": "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).", "mime": "application/pdf"}, {"id": "taxlaw-9795", "words": "24695", "extension": ".pdf", "flesch": "47", "author": "Cauble, Emily", "title": "PROTECTIVE TAX ELECTIONS", "date": "2022", "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", "summary": "This Article adopts the phrase \u201cFavorable Fallback Protective Tax Elections\u201d 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.", "mime": "application/pdf"}, {"id": "taxlaw-9798", "words": "23666", "extension": ".pdf", "flesch": "48", "author": "Noked, Noam; Marcone, Zachary; Tsang , Alison", "title": "THE EXPANSION AND INTERNATIONALIZATION OF MANDATORY DISCLOSURE RULES", "date": "2022", "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", "summary": "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 \u201cpotentially abusive tax avoidance transactions are increasingly being used by high net-worth individuals\u201d and that \u201cboth corporations and individuals often employ partnerships and trusts to achieve unintended tax results.\u201d90 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.", "mime": "application/pdf"}, {"id": "taxlaw-9799", "words": "14805", "extension": ".pdf", "flesch": "48", "author": "Maxey, Bryce", "title": "CONGLOMERATE SPIN-OFFS: WHETHER U.S. TAX LAW INHIBITS DECONGLOMERATION", "date": "2022", "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", "summary": "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\u2019Avino 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.", "mime": "application/pdf"}]