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Point & Counterpoint - Plaintiff's Attorney Fees And Costs, Deborah A. Geier 2019 Cleveland-Marshall College of Law, Cleveland State University

Point & Counterpoint - Plaintiff's Attorney Fees And Costs, Deborah A. Geier

Deborah A. Geier

Discusses a series of recent and controversial cases that raised the issue of how plaintiffs must treat attorney fees and costs that are paid out of otherwise includable settlement or litigation awards.


Partial Termination Of Single-Employer Tax Qualified Plans: Clarity Or Misappropriated Judicial Decision-Making?, Samantha Prince, Jo Ann Petroziello 2019 Penn State Dickinson Law

Partial Termination Of Single-Employer Tax Qualified Plans: Clarity Or Misappropriated Judicial Decision-Making?, Samantha Prince, Jo Ann Petroziello

Samantha J. Prince

For over three decades, the Internal Revenue Code [hereinafter I.R.C. or Code 1 has contained provisions that require that all benefits in a single-employer tax qualified plan become fully vested when the plan is partially terminated. However, the Internal Revenue Service [hereinafter IRS or Service] has failed to articulate a standard for determining when a partial termination has occurred. Instead, the courts and the Service have utilized a “facts and circumstances” test which does not set clear guidelines. In light of the application of inconsistent approaches by the courts, recent decisions answering partial plan termination questions have served ...


Is New Code Section 199a Really Going To Turn Us All Into Independent Contractors, Shu-Yi Oei, Diane Ring 2019 Boston College Law School

Is New Code Section 199a Really Going To Turn Us All Into Independent Contractors, Shu-Yi Oei, Diane Ring

Diane M. Ring

There has been a lot of interest lately in new IRC Section 199A, the new qualified business income (QBI) deduction that grants passthroughs, including qualifying workers who are independent contractors (and not employees), a deduction equal to 20% of a specially calculated base amount of income. One of the important themes that has arisen is its effect on work and labor markets, and the notion that the new deduction creates an incentive for businesses to shift to independent contractor classification. A question that has been percolating in the press, blogs, and on social media is whether new Section 199A is ...


Fiscal Citizenship: How Can Tax Efficiency And Isonomy Aid In The Promotion Of Economic Rights, Social Participation, Political Accountability, And Cultural Diversity?, Gustavo Voeroes Dénes 2019 Fundacao Getulio Vargas, Brazil

Fiscal Citizenship: How Can Tax Efficiency And Isonomy Aid In The Promotion Of Economic Rights, Social Participation, Political Accountability, And Cultural Diversity?, Gustavo Voeroes Dénes

Conference: The Social Practice of Human Rights

According to the World Inequality Report 2018 (WID 2017), Brazil is one of the few countries that has not recently displayed an increase in income inequality, having instead sustained it on persistently very high levels, actually composing the world’s “inequality frontier”. While such levels of inequality may be partly attributed to poor distribution of property rights, human capital endowments, and specificity of labor relations, a significant part of it is undoubtedly due the national fiscal system’s reduced distributive capacity, compromised by one the worst taxation systems in the world. Occupying the 184th position out of 190 countries in ...


Lawmakers As Job Buyers, Edward W. De Barbieri 2019 Albany Law School

Lawmakers As Job Buyers, Edward W. De Barbieri

Fordham Law Review

In 2013, Washington State authorized the largest state tax incentive for private industry in U.S. history. It is not remarkable for a state legislature to use tax benefits to retain a major employer—in this case, the global aerospace manufacturer Boeing. Laws across all states and thousands of cities routinely incentivize companies such as Amazon to relocate or remain in particular areas. Notably, however, Washington did not recover any of the subsidies it authorized despite Boeing’s significant post-incentive workforce reductions. This story leads to several important questions: (1) How effective are state and local legislatures at influencing business-location ...


Tax Attorneys As Defenders Of Taxpayer Rights, Michelle Lyon Drumbl 2019 Washington and Lee University School of Law

Tax Attorneys As Defenders Of Taxpayer Rights, Michelle Lyon Drumbl

Scholarly Articles

What is the modern role of a tax practitioner, in particular a tax attorney, in the United States? In an era in which the Internal Revenue Service (IRS) is underfunded, understaffed, and struggles to address its mission, tax attorneys play an important role as advocates for taxpayer rights.

Tax attorneys act as advocates who represent ordinary individual taxpayers in controversies with the IRS. These controversies include post-filing disputes, such as audits, as well as issues arising with the collection of assessed taxes. Many of these cases are resolved at the administrative level; those that cannot be resolved are litigated, most ...


Law School News: Throw Out The Old Thinking 9-30-2019, Michael M. Bowden 2019 Roger Williams University School of Law

Law School News: Throw Out The Old Thinking 9-30-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Who Is Injured When Racially Discriminatory Private Schools Are Tax-Exempt?, Neal Devins 2019 William & Mary Law School

Who Is Injured When Racially Discriminatory Private Schools Are Tax-Exempt?, Neal Devins

Neal E. Devins

No abstract provided.


The Bob Jones Case - Over To Congress, Neal Devins 2019 William & Mary Law School

The Bob Jones Case - Over To Congress, Neal Devins

Neal E. Devins

No abstract provided.


Tax Exemptions For Racially Discriminatory Private Schools: A Legislative Proposal, Neal Devins 2019 William & Mary Law School

Tax Exemptions For Racially Discriminatory Private Schools: A Legislative Proposal, Neal Devins

Neal E. Devins

In Revenue Ruling 71-447, the Internal Revenue Service expressly denied tax exemptions to racially discriminatory private schools. The Reagan administration recently challenged the existence of a defined policy prohibiting tax exemptions to these schools as well as the propriety of the IRS's involvement in regulating social policy. President Reagan has called upon Congress to settle the issue by enacting affirmative legislation. Congress, however, has maintained that long-established federal policy supports Revenue Ruling 71-447 and has refused to enact affirmative legislation. In this Article, Mr. Devins examines the conflict between the executive, judicial, and legislative branches of government and argues ...


Standing And Adverseness In Challenges Of Tax Exemptions For Discriminatory Public Schools, Thomas McCoy, Neal Devins 2019 William & Mary Law School

Standing And Adverseness In Challenges Of Tax Exemptions For Discriminatory Public Schools, Thomas Mccoy, Neal Devins

Neal E. Devins

No abstract provided.


The Professor Anthony J. Santoro Business Law Lecture Series Presents Becoming A Valued Business Lawyer, Roger Williams University School of Law, Michael M. Bowden 2019 Roger Williams University School of Law

The Professor Anthony J. Santoro Business Law Lecture Series Presents Becoming A Valued Business Lawyer, Roger Williams University School Of Law, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.


The Unique Benefits Of Treating Personal Goodwill As Property In Corporate Acquisitions, Darian M. Ibrahim 2019 William & Mary Law School

The Unique Benefits Of Treating Personal Goodwill As Property In Corporate Acquisitions, Darian M. Ibrahim

Darian M. Ibrahim

Corporate acquisition talks may not get far if buyer and seller disagree over transaction structure, which can have significant after-tax effects. But the parties may have overlooked an item that, due to its potential tax treatment, could be the key to facilitating the acquisition. That item is the selling shareholder's "personal goodwill."

Personal goodwill exists when the shareholder's reputation, expertise, or contacts gives the corporation its intrinsic value. It is most likely to be found in closely held businesses, especially those that are technical, specialized, orprofessional in nature or have few customers and suppliers. If personal goodwill is ...


Keeping Up With Tax Law And The Affordable Care Act, Frederick W. Dingledy 2019 William & Mary Law School

Keeping Up With Tax Law And The Affordable Care Act, Frederick W. Dingledy

Frederick W. Dingledy

No abstract provided.


Why Pension Funding Matters, Eric D. Chason 2019 William & Mary Law School

Why Pension Funding Matters, Eric D. Chason

Eric D. Chason

No abstract provided.


The Economic Ambiguity (And Possible Irrelevance) Of Tax Transition Rules, Eric D. Chason 2019 William & Mary Law School

The Economic Ambiguity (And Possible Irrelevance) Of Tax Transition Rules, Eric D. Chason

Eric D. Chason

No abstract provided.


Settlements And Waivers Affecting Pension Benefits Under Erisa, Eric D. Chason 2019 William & Mary Law School

Settlements And Waivers Affecting Pension Benefits Under Erisa, Eric D. Chason

Eric D. Chason

Waivers affecting pension benefits may be entered into as part of a controversy (for example, a settlement agreement) or in isolation (for example, a disclaimer). Under current law, however, it is unclear how these waivers fit within the protections of ERISA, particularly the antialienation rule. Courts have generally honored settlement agreements so long as they are procedurally fair to participants. However, the antialienation rule looms in the background. The IRS and Treasury, in contrast, have focused on waivers outside the settlement context, prohibiting participants from making them but allowing beneficiaries to do so if the waiver satisfies gift-tax rules for ...


Taxing Systemic Risk, Eric D. Chason 2019 William & Mary Law School

Taxing Systemic Risk, Eric D. Chason

Eric D. Chason

A tax on the harmful elements of finance—a tax on systemic risk—would raise revenue and also lower the likelihood of future crisis. Financial institutions, which pay the tax, would try to minimize its cost by lowering their systemic risk. In theory, a tax on systemic risk is perfect policy. In practice, however, this perfect policy is unattainable. Tax laws need clear definitions to be administrable. Our current understanding of systemic risk is too abstract and too metaphorical to serve as a target for taxation.

Despite the absence of a clear definition of systemic risk, academics and policy makers ...


Taxing Losers, Eric D. Chason 2019 William & Mary Law School

Taxing Losers, Eric D. Chason

Eric D. Chason

The U.S. tax system, like most in the world, benefits capital gains in two ways. Investors can defer paying tax until they "realize" any gain (typically by sale) rather than when the gain simply occurs via rising prices. Additionally, individual investors pay a lower, preferred rate on their long-term capital gains as compared to their other ordinary income (such as compensation or business profits).

However, investors face a burden with respect to their capital losses. Rather than allowing for unlimited capital loss deductions, the Code largely forces investors to match their capital losses against their capital gains. Limits on ...


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