Economic Nexus: Legislative Presumption or Legitimate Proposition?

This article discusses the theory of economic nexus, the present nexus conditions in various states, and the constitutional issues surrounding nexus. These constitutional issues will then be applied to the theory of economic nexus in order to draw conclusions concerning the constitutionality and feasibility of this theory

Bankruptcy Officials vs. The Internal Revenue Service: A Federal House Divided Against Itself

This article will discuss several current areas of dispute between bankruptcy officials; i.e., trustees and judges, and the Internal Revenue Service ( IRS ) as evidenced by litigation in the U.S. Supreme Court and certain federal circuit courts of appeal. A policy resolution to the numerous conflicts will be suggested along with specific statutory modifications to alleviate the costly burden of continued future litigation

Bankruptcy Officials vs. The Internal Revenue Service: The Beat Goes On

This author has previously addressed several areas of conflict between bankruptcy officials; i.e., trustees and judges, and the Internal Revenue Service ( IRS ). Due to continued litigation, both in the U.S. Supreme Court and in certain federal courts of appeal, some of these areas will be reevaluated in this article. In addition, new areas of conflict resulting in litigation in various levels of the federal court system will be discussed. Policy and statutory modifications will be suggested to alleviate the growing costly burden of litigation

Choice of Business Tax Entity After the 1993 Tax Act

The first section of this article presents a discussion of the decision itself, as well as a description of each of the most common types of business forms. The second section provides a summary of the tax classification requirements imposed on certain entities by the Internal Revenue Service (IRS). The third and fourth sections examine the non-tax and tax considerations of the choice of entity decision. A chart is also provided which summarizes the non-tax and tax considerations addressed in the article (see Appendix A)

Property Valuation for Transfer Taxes: Art, Science, or Arbitrary Decision?

According to the regulations, the value referred to in the IRC is defined as fair market value. Fair market value is itself defined as the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy nor sell, and both having reasonable knowledge of relevant facts. 9 The so-called hypothetical willing buyer/seller standard is prevalent throughout the case law dealing with this issue. 0 Given the importance of this standard, additional discussion is warranted. The standard requires an analysis of both sides of the transaction. It is not appropriate to focus solely upon what someone would pay for the property or for what price someone would sell it. Rather, one must look at both sides of the transaction. In the decisions discussed below, courts criticize both parties for having failed to look at the buyer\u27s and seller\u27s positions. Furthermore, the hypothetical buyer and seller are just that - hypothetical. One should not attempt to focus on a particular buyer or seller, such as family members or corporations. The hypothetical buyer and seller are also presumed to deal at arm\u27s length

Collecting Attorney Fees from the Government in Tax Litigation: An Analysis of the Winners and Prospects for the Future.

Abstract Forthcoming