Saturday, November 3, 2012
Bradford Craig (J.D. 2012, Temple), Comment, Congress, Have a Heart: Practical Solutions to Punitive Measures Plaguing the Heart Act’s Expatriate Inheritance Tax, 26 Temp. Int'l & Comp. L.J. 69 (2012) (Winner, International Fiscal Association (IFA) USA Branch 2012 Writing Competition):
Part II of this Article examines the driving force behind expatriation from the United States for tax-avoidance purposes. Part III then charts Congress's struggle to curb tax-motivated expatriation through three separate pieces of legislation: the Foreign Investors Tax Act of 1966; the Health Insurance Portability and Accountability Act of 1996; and the American Jobs Creation Act of 2004. Finally, Part IV describes the Heroes Earnings Assistance and Relief Tax Act of 2008 and evaluates the ramifications of Congress's new approach to capturing tax on lifetime and testamentary gifts by expatriates. In particular, Part IV identifies punitive gift tax consequences on U.S. citizen and resident recipients of gifts from expatriates and recommends alterations to the HEART Act's expatriate tax regime based on established tax principles of equity and fairness.