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Friday, October 17, 2014

Weekly Student Tax Note Roundup

October 17, 2014 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, October 10, 2014

Weekly Student Tax Note Roundup

October 10, 2014 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, October 3, 2014

Weekly Student Tax Note Roundup

Weekly RoundupChristopher Weeg (J.D. 2015, Florida), Starting with the [Tax] Man in the Mirror: Asking the IRS to Change its Ways of Valuing Postmortem Publicity Rights (Second Place, 2014 Federal Bar Association’s Donald C. Alexander Tax Law Writing Competition):

Legal issues often arise at the intersection between a new legal right and an existing legal framework. In the estate tax world, the relatively new right of publicity clashed with the well-settled statutory language defining the value of a gross estate. In 1994, the court in Estate of Andrews v. United States, addressed the “issue of first impression” of the value of an author’s name as part of her estate for federal tax purposes. Andrews’ ruling demonstrated that publicity rights are (1) includible in a decedent’s gross estate and (2) valued based on a hypothetical sales transaction between a buyer and a seller.

Even after Andrews, the inclusion and valuation of these descendible rights for federal estate tax, as well as the liquidity issues they pose to cash-strapped estates, have continued to be debated by highly regarded scholars and practitioners. Mitchell M. Gans, Bridget J. Crawford, and Jonathan G. Blattmachr advocated for a legislative solution to this problem [Postmortem Rights of Publicity: The Federal Estate Tax Consequences of New State-Law Property Rights, 117 Yale L.J. Pocket Part 203 (2008)]. They proposed a modification to state law, whereby a decedent’s publicity rights automatically pass to a designated statutory heir and, thus, are excluded from the gross estate.6 In response to the proposal, Joshua C. Tate argued that the publicity rights, through the supposed restriction on testamentary control by automatic vesting in the statutory heir, are nonetheless includible in a decedent’s estate because the celebrity enjoyed a property interest in them at the date of death [Marilyn Monroe’s Legacy: Taxation of Postmortem Publicity Rights, 118 Yale L.J. Pocket Part 38 (2008)]. Following Tate’s article, Gans, Crawford, and Blattmachr defended their position that post-death control is a requirement for estate tax inclusion [The Estate Tax Fundamentals of Celebrity and Control, 118 Yale L.J. Pocket Part 50 (2008)]. Tate replied that, in effect, their proposal was an estate tax free lunch for celebrities and, thus, did not serve the broader policy justifications and normative goals of the federal estate tax [Immortal Fame: Publicity Rights, Taxation, and the Power of Testation, 44 Ga. L. Rev. 1 (2009)].

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October 3, 2014 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, August 22, 2014

Weekly Student Tax Note Roundup

Friday, August 15, 2014

Weekly Student Tax Note Roundup

Friday, August 8, 2014

Weekly Student Tax Note Roundup

August 8, 2014 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, August 1, 2014

Weekly Student Tax Note Roundup

August 1, 2014 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, July 25, 2014

Weekly Student Tax Note Roundup

Friday, July 18, 2014

Weekly Student Tax Note Roundup

July 18, 2014 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, June 20, 2014

Weekly Student Tax Note Roundup

June 20, 2014 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, June 13, 2014

Weekly Student Tax Note Roundup

June 13, 2014 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, June 6, 2014

Weekly Student Tax Note Roundup

June 6, 2014 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, May 30, 2014

Weekly Student Tax Note Roundup

Friday, May 23, 2014

Weekly Student Tax Note Roundup

May 23, 2014 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, May 16, 2014

Weekly Student Tax Note Roundup

May 16, 2014 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, May 9, 2014

Weekly Student Tax Note Roundup

May 9, 2014 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, April 18, 2014

Weekly Student Tax Note Roundup

April 18, 2014 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (2)

Friday, April 11, 2014

Weekly Student Tax Note Roundup

Friday, March 28, 2014

Weekly Student Tax Note Roundup

March 28, 2014 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, March 21, 2014

Weekly Student Tax Note Roundup

Friday, March 14, 2014

Weekly Student Tax Note Roundup

Friday, February 28, 2014

Weekly Student Tax Note Roundup

Friday, February 21, 2014

Weekly Student Tax Note Roundup

February 21, 2014 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, February 14, 2014

Weekly Student Tax Note Roundup

February 14, 2014 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, February 7, 2014

Weekly Student Tax Note Roundup

February 7, 2014 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, January 31, 2014

Weekly Student Tax Note Roundup

January 31, 2014 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, January 17, 2014

Weekly Student Tax Note Roundup

Friday, January 10, 2014

Weekly Student Tax Note Roundup

January 10, 2014 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, December 20, 2013

Weekly Student Note Tax Roundup

Weekly RoundupShaun P. Mahaffy (J.D. 2013, Yale), Note, The Case for Tax: A Comparative Approach to Innovation Policy, 123 Yale L.J. 812 (2013):

The federal government deploys a variety of institutions—patent, tax, and spending, among others—to encourage innovation. But legal scholars have given short shrift to how these institutions should be coordinated. In this Note, I argue that tax credits could be used to ameliorate a number of inefficiencies that arise from the failures of patent law. Deploying strong tax credits narrowly could improve incentives for small businesses and in emerging industries at a relatively low cost. I argue that this style of comparative institutional analysis should be part of every innovation scholar’s toolbox.

December 20, 2013 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, December 13, 2013

Weekly Student Note Tax Roundup

December 13, 2013 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, December 6, 2013

Weekly Student Note Tax Roundup

Weekly Roundup Kate B. Deal (J.D. 2013, Georgetown), Note, Incentivizing Conservation:  Restructuring the Tax-Preferred Easement Acceptance Process to Maximize Overall Conservation Value, 101 Geo. L.J. 1587 (2013) (First Prize, 2013 Tannenwald Tax Writing Competition):

The rapid development of private land in the United States has prompted a corresponding increase in the use of conservation easements as a vital element of U.S. land preservation and conservation policy. The federal government incentivizes these easements through an income-tax deduction for donations of qualifying easements to nonprofit land trusts. There are many advantages to the current structure of the tax incentive: it allows for local control of easement decisions, minimizes certain administrative costs of the program, and does not subject conservationists to reliance on the annual congressional appropriations process for easement funding. Despite these benefits, the tax deduction fails to properly incentivize conservation in some important ways. The nature of easements as partial interests in property makes valuation difficult, often resulting in an allocation of tax benefits based on lost economic development potential rather than on conservation value. Donee organizations often lack sufficient resources to enforce their easements in perpetuity, and claimed deductions are not always effectively monitored. To preserve the benefits of the current incentive structure while mitigating the primary concerns associated with the deduction, this Note proposes imposing a variable annual cap on the value of easements that may be accepted by individual donee land trusts. Structured like a financial capitalization requirement, this annual cap would increase in proportion to a land trust’s financial capacity to enforce its easements, thereby addressing each of the primary drawbacks associated with the current deduction while still retaining its crucial role as a primary federal incentive for land conservation.

December 6, 2013 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, November 29, 2013

Weekly Student Note Tax Roundup

Friday, November 15, 2013

Weekly Student Note Tax Roundup

Weekly Roundup

November 15, 2013 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, November 1, 2013

Weekly Student Note Tax Roundup

Weekly Roundup

November 1, 2013 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, October 25, 2013

Weekly Student Note Tax Roundup

Friday, October 18, 2013

Weekly Student Note Tax Roundup

Weekly Roundup

October 18, 2013 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, October 11, 2013

Weekly Student Note Tax Roundup

Weekly Roundup

October 11, 2013 in Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, October 4, 2013

Weekly Student Note Tax Roundup

Weekly Roundup

October 4, 2013 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Friday, September 27, 2013

Weekly Student Note Tax Roundup

Friday, September 20, 2013

Weekly Student Note Tax Roundup

Weekly Roundup

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Friday, September 13, 2013

Weekly Student Note Tax Roundup

Weekly Roundup

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Friday, September 6, 2013

Weekly Student Note Tax Roundup

Weekly Roundup

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Friday, August 30, 2013

Weekly Student Note Tax Roundup

Weekly Roundup

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Friday, August 23, 2013

Weekly Student Tax Note Roundup

Weekly Roundup

August 23, 2013 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0) | TrackBack (0)

Friday, August 16, 2013

Weekly Student Tax Note Roundup