Lars Lefgren , Frank McIntyre , Brigham Young University, Brigham Young University EXPLAINING THE PUZZLE OF CROSS-STATE DIFFERENCES IN BANKRUPTCY RATES 52 Journal of Law & Economics 367 (May, 2009) Bankruptcy rates vary tremendously across states, and it is not obvious why. The number of candidate explanations is large relative to the number of states. To overcome this problem, we use zip-code-level data to identify the importance of demographic variables using within-state variation. This preserves state-level degrees of freedom to identify... 2009
Richard Lavoie FLYING ABOVE THE LAW AND BELOW THE RADAR: INSTILLING A TAXPAYING ETHOS IN THOSE PLAYING BY THEIR OWN RULES 29 Pace Law Review 637 (Summer 2009) These days it really does seem like only the little people pay taxes. Whether they are from the world of politics, sports, or entertainment, the elites of this country are demonstrating a penchant for not paying their taxes. Nevertheless, Americans in general continue to exhibit a high degree of tax compliance. Why do most people pay their taxes?... 2009
Ann Mumford FROM DAHOMEY TO LONDON TO DC: "MARKETING" WEALTH WITH THE PROPOSAL FOR A COMPREHENSIVE INHERITANCE TAX 63 Tax Law Review 221 (Fall 2009) In Lily Batchelder's fascinating proposal to replace the estate tax with a comprehensive inheritance tax, two problems are identified with the current law, highlighting reasons why the estate tax is not necessarily in need of revival. First, when compared with other aspects of the U.S. tax system, the estate tax favors those who inherit their... 2009
Mehmet Bac , Faculty of Arts and Social Sciences, Sabanci University, Orhanli, Tuzla, Istanbul 34956, Turkey GENERALIZED TRUST AND WEALTH 29 International Review of Law & Economics 46 (March, 2009) JEL classification: Z13 D30 D82 Keywords: Trust Incomplete information Inequality Wealth Enforcement The relation between economic inequality and trust is studied in a model where the ability to elicit trustworthiness from unrelated people depends on own wealth as well as the distribution and mean of population wealth. In equilibrium, the rich... 2009
Eric M. Zolt INEQUALITY, COLLECTIVE ACTION, AND TAXING AND SPENDING PATTERNS OF STATE AND LOCAL GOVERNMENTS 62 Tax Law Review 445 (Summer 2009) Observers of colonial America noted the remarkable diversity in the new world. One important way in which regions differed was the relative inequality that existed among and within the colonies before independence and among and within the states after independence. In this Article, I examine how state and local differences in inequality may have... 2009
Richard Weiss MICHIGAN BUSINESS TAX OFFERS MANY TAX CREDIT OPPORTUNITIES 19-NOV Journal of Multistate Taxation and Incentives 10 (November/December, 2009) Although the SBT has been replaced by the MBT, the state did not change its overall philosophy of offering an extensive number of diverse tax credits. Effective in 2008, Michigan switched its corporate tax structure from the Single Business Tax (SBT) to the Michigan Business Tax (MBT). The purported rationale for this change was to provide a tax... 2009
Andrew B. Dawson OFFSHORE BANKRUPTCIES 88 Nebraska Law Review 317 (2009) I. Introduction. 317 II. Background. 321 A. International Bankruptcy Forum Shopping. 321 B. American Perspective on Forum Shopping. 324 III. The Bankruptcy Code and Cross-Border Insolvencies. 325 IV. Cases. 331 A. Tri-Continental. 331 B. SPhinX. 332 C. Bear Stearns. 334 V. Methodology. 335 VI. Findings. 336 A. Re-Incorporation as Bankruptcy... 2009
Dorothy A. Brown RACE, CLASS, AND THE OBAMA TAX PLAN 86 Denver University Law Review 575 (2009) This Essay examines three areas of federal tax policy: (i) the exclusion for employer provided pensions; (ii) the mortgage interest deduction; and (iii) the earned income tax credit for the working poor. Each of the three areas is addressed in The Obama Tax Plan. My previous research showed that in those three areas, low-income taxpayers were... 2009
Elizabeth K. Julian RECENT ADVOCACY RELATED TO THE LOW INCOME HOUSING TAX CREDIT AND FAIR HOUSING 18-WTR Journal of Affordable Housing & Community Development Law 185 (Winter, 2009) We have long recognized that government can and should act to ensure that all people have a decent place to live. And we know that place means not only the housing structure but where it is located. The Low Income Housing Tax Credit (LIHTC) program is the latest in a line of programs through which we have chosen to address this worthy goal.... 2009
Adam J. Levitin RESOLVING THE FORECLOSURE CRISIS: MODIFICATION OF MORTGAGES IN BANKRUPTCY 2009 Wisconsin Law Review 565 (2009) This Article empirically tests the economic assumption underlying the policy against bankruptcy modification of home-mortgage debt--that protecting lenders from losses in bankruptcy encourages them to lend more and at lower rates, and thus encourages homeownership. The data show that the assumption is mistaken; permitting modification would have... 2009
Darryll K. Jones SOPHISTRY, SITUATIONAL ETHICS, AND THE TAXATION OF THE CARRIED INTEREST 29 Northwestern Journal of International Law and Business 675 (Summer 2009) This Article is, in essence, a strident expression of indignation about what a majority of tax scholars and, indeed, legislators consider a glaring yet persistent inequity in the tax code. In short, sometimes extraordinarily well-paid fund managers receive compensation taxed at capital gains rates. All other, usually very much lower-compensated,... 2009
Allison Christians SOVEREIGNTY, TAXATION AND SOCIAL CONTRACT 18 Minnesota Journal of International Law 99 (Winter 2009) Tax policy creates and reflects relationships between the market, the citizen, and the state. As a result, traditional tax policy discourse centers around the premise that decisions about taxation should be made exclusively within nations, independent of outside concern and interference. But this view of sovereign autonomy over taxation is... 2009
William A. Drennan STRICT LIABILITY AND TAX PENALTIES 62 Oklahoma Law Review 1 (Fall, 2009) Tax evaders [are] stealing from their fellow citizens. The more successfully they escape what they owe, the more the rest of us have to pay. Taxpayers who fail to pay their fair share cause each honest taxpayer to pay on average over $2000 extra in federal income taxes every year. This extra burden falls primarily on the working class and the poor,... 2009
Joni Larson TAX EVIDENCE III: A PRIMER ON THE FEDERAL RULES OF EVIDENCE AS APPLIED BY THE TAX COURT 62 Tax Lawyer 555 (Spring, 2009) I. Introduction. 557 II. General Provisions. 558 Rule 101. Scope. 558 Rule 102. Purpose and Construction. 558 Rule 103. Rulings on Evidence. 559 Rule 104. Preliminary Questions. 561 Rule 105. Limited Admissibility. 562 Rule 106. Remainder of or Related Writings or Recorded Statements. 563 III. Judicial Notice. 566 Rule 201. Judicial Notice. 566 IV.... 2009
Atiba R. Ellis THE COST OF THE VOTE: POLL TAXES, VOTER IDENTIFICATION LAWS, AND THE PRICE OF DEMOCRACY 86 Denver University Law Review 1023 (2009) The election of Barack Obama as the forty-fourth President of the United States represents both the completion of a historical campaign season and a triumph of the Civil Rights revolution of the twentieth century. President Obama's 2008 campaign, along with the campaigns of Senators Hillary Rodham Clinton and John McCain, was remarkable in both the... 2009
Richard T. Page THE INTERNATIONAL AND COMPARATIVE TAX WAR: A STRATEGIC TAX CUT RECOMMENDATION FOR THE OBAMA ADMINISTRATION 18 Tulane Journal of International and Comparative Law 287 (Winter 2009) I. Introduction. 287 A. Purpose Statement. 287 B. Summary of Conclusion. 288 II. Analysis. 288 A. Overview. 288 B. Foreign Tax Rate Trends: A State of Gradual Decline. 289 1. Foreign Corporate Tax Rates Are Decreasing. 289 2. Foreign Personal Income Tax Rates Are Decreasing. 292 3. Diminishing and Nonexistent Estate Taxes Around the World. 293 C.... 2009
Alice M. Thomas THE RACIAL WEALTH DIVIDE THROUGH THE EYES OF THE YOUNGER FAMILY: UNDOING AMERICA'S LEGACY OF WEALTH INEQUALITY IN SEARCH OF THE ELUSIVE AMERICAN DREAM UTILIZING A SANKOFA MODEL OF TRANSITIONAL JUSTICE 5 Florida A & M University Law Review 1 (Fall 2009) I. Introduction. 2 II. Contextual Background & Historical Perspective. 15 III. The Problem - Entrenched Racial Inequality Amplified through the Multiracial Wealth Divide. 24 A. The Nature and Magnitude of the Problem. 24 B. Lifting the Veil on the Past: The History of the Wealth Divide. 29 1. In General. 29 2. Native Americans. 31 3. African... 2009
James J. Brudney , Corey Ditslear THE WARP AND WOOF OF STATUTORY INTERPRETATION: COMPARING SUPREME COURT APPROACHES IN TAX LAW AND WORKPLACE LAW 58 Duke Law Journal 1231 (April, 2009) Debates about statutory interpretation--and especially about the role of the canons of construction and legislative history--are generally framed in one-size-fits-all terms. Yet federal judges--including most Supreme Court Justices--have not approached statutory interpretation from a methodologically uniform perspective. This Article presents the... 2009
Stephanie Hunter McMahon TO SAVE STATE RESIDENTS: STATES' USE OF COMMUNITY PROPERTY FOR FEDERAL TAX REDUCTION, 1939-1947 27 Law and History Review 585 (Fall, 2009) In 1939, at the end of almost two decades of statewide want and despair, Oklahoma adopted the community property system to save state residents on their federal income tax. Between 1939 and 1947, Oklahoma and four other states openly and unabashedly exploited the Supreme Court's creation of what amounted to a tax loophole for the nation's wealthy... 2009
Susan Cleary Morse USING SALIENCE AND INFLUENCE TO NARROW THE TAX GAP 40 Loyola University Chicago Law Journal 483 (Spring 2009) Most small business and self-employed taxpayers cheat on their taxes. In fact, in the aggregate, they fail to pay about half the tax they owe to the federal government, and this unpaid tax amounts to roughly $150 billion annually. This figure is about half of the tax gap, or the amount of tax due that the federal government does not collect. This... 2009
Bradford P. Anderson WELCOME TO MY FLIPPERHOOD A CALL TO REPAIR THE RESIDENTIAL REAL ESTATE TAX SWINDLE 7 Georgetown Journal of Law and Public Policy 415 (Summer, 2009) Introduction. 416 I. The Old; The New; The Ugly. 420 II. A Plethora of Public Policy Problems Under Current Law. 422 A. Reverse Robin Hood; Taking from the Poor to Give to the Rich. 422 B. Ever Get the Feeling You've Been Cheated? Innocent Taxpayers Fund the Sham Perpetrated by Cheaters in the Flipping Enigma. 425 C. Bulldoze and Build Mentality.... 2009
David A. Vanderhider A MARGINAL TAX: THE NEW FRANCHISE TAX IN TEXAS 39 Saint Mary's Law Journal 615 (2008) I. Introduction. 615 II. Background. 620 A. Business Taxation in Texas. 620 B. The Franchise Tax in Texas. 624 C. Why the Margin Tax?. 626 D. The Margin Tax: An Overview. 629 III. Analysis: The Potential Effects of the Margin Tax. 633 A. New Businesses. 633 B. Small Businesses. 637 C. Businesses with Low Compensation or Goods Sold to Revenue... 2008
Wendy Richards AN ANALYSIS OF RECENT TAX REFORMS FROM A MARITAL-BIAS PERSPECTIVE: IT IS TIME TO OUST MARRIAGE FROM THE TAX CODE 2008 Wisconsin Law Review 611 (2008) As the American family dynamic continues to change, the tax code should change to reflect current population demographics. The tax treatment of marriage contrasts sharply with the actual role that marriage currently plays in society. The recent tax reforms took steps toward alleviating the burdens created by the marital bias but did little to... 2008
Andrew D. Appleby BALL BUSTERS: HOW THE IRS SHOULD TAX RECORD-SETTING BASEBALLS AND OTHER FOUND PROPERTY UNDER THE TREASURE TROVE REGULATION 33 Vermont Law Review 43 (Fall, 2008) Currently, a vital debate has the country split in two-a debate that tears at the very fabric of America's tradition and culture: how should the IRS tax the catcher of a record-setting baseball? This question has raised the ire of Congress, confounded the IRS, and riled up tax geeks across the country. There are two prevalent conflicting views on... 2008
James A. Janaitis BANKRUPTCY COLLIDES WITH ANTITRUST: THE NEED FOR A PROHIBITION AGAINST USING ยง 1110 PROTECTIONS COLLECTIVELY 25 Emory Bankruptcy Developments Journal 197 (2008) In the last decade of the nineteenth century, Congress codified two seminal areas of common law into their modern incarnations. The first was the Sherman Act of 1890, which is still the framework for modern antitrust law. The second was the Bankruptcy Act of 1898, which protected insolvent debtors. Both have been interpreted, amended, and even... 2008
Ziad Raymond Azar BANKRUPTCY POLICY: A REVIEW AND CRITIQUE OF BANKRUPTCY STATUTES AND PRACTICES IN FIFTY COUNTRIES WORLDWIDE 16 Cardozo Journal of International and Comparative Law 279 (Summer 2008) Introduction. 282 I. Management Displacement. 289 A. Four Approaches with Respect to Management Displacement. 291 B. Arguments for Displacing Management. 292 1. Management Bear the Responsibility for Failing the Business. 292 2. Prevent Moral Hazard. 293 3. Protect Creditors Against Forum Shopping. 294 4. Increase Transparency and the Debtor's... 2008
John B. Snyder, III BARBARIANS AT THE GATE?: THE LAW OF FRIVOLITY AS ILLUMINATED BY PRO SE TAX PROTEST CASES 54 Wayne Law Review 1249 (Fall, 2008) I. Introduction. 1250 II. The Legal Landscape of Frivolity. 1252 A. Some Notes on Terminology. 1252 B. Frivolousness Under Specific Regimes. 1254 1. Federal Rule of Civil Procedure 1. 11254 2. Federal Rule of Appellate Procedure 38. 1255 3. The In Forma Pauperis Statute. 1256 4. The Substantiality Doctrine. 1257 5. Section 6673 of the Internal... 2008
Phuong (Lily) Tran CADBURY SCHWEPPES PLC V. COMMISSIONERS OF INLAND REVENUE: ELIMINATING A HARMFUL TAX PRACTICE OR ENCOURAGING MULTINATIONALS TO SHOP AROUND THE BLOC? 30 Loyola of Los Angeles International and Comparative Law Review 77 (Winter 2008) Cadbury Schweppes, the successful international beverages and confectionery group, is undoubtedly celebrating a sweet victory in its newly launched campaign. This campaign, however, does not involve the introduction of new seasonal chocolate treats. Rather, Cadbury is challenging the tax laws of the United Kingdom (UK). Current UK legislation... 2008
Beverly I. Moran CAPITALISM AND THE TAX SYSTEM: A SEARCH FOR SOCIAL JUSTICE 61 SMU Law Review 337 (Spring 2008) America is a country founded on ideas. The Enlightenment presented one set of ideas that attended our birth, and one Enlightenment belief that is as strong today as during the revolution is our faith in capitalism and the protection of private property. Yet the United States tax system manages to violate fundamental capitalist principles, as... 2008
Eric R. Swibel CHURCHES AND CAMPAIGN INTERVENTION: WHY THE TAX MAN IS RIGHT AND HOW CONGRESS CAN IMPROVE HIS REPUTATION 57 Emory Law Journal 1605 (2008) If Jesus were to debate John Kerry and George W. Bush, Jesus would win. At least, Jesus would win according Reverend Dr. George F. Regas, former rector of All Saints Church in Pasadena, California. Regas made this claim as part of a sermon that he delivered as a guest preacher at the liberal church two days before the 2004 presidential election.... 2008
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