Measuring Tax Burden: a Historical Perspective
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A Requiem for the Rollover Rule: Capital Gains, Farmland Loss, and the Law of Unintended Consequences
University of Arkansas ∙ System Division of Agriculture [email protected] ∙ (479) 575-7646 An Agricultural Law Research Article A Requiem for the Rollover Rule: Capital Gains, Farmland Loss, and the Law of Unintended Consequences by Christine A. Klein Originally published in WASHINGTON & LEE LAW REVIEW 55 WASH. & LEE L. REV. 403 (1998) www.NationalAgLawCenter.org A Requiem for the Rollover Rule: Capital Gains, Farmland Loss, and the Law of Unintended Consequences Christine A. Klein' Table ofContents I. Introduction........................................ 404 II. The "American Dream" Narrative: Tax Preferences for Home Owners .................................... .. 407 A. The Home Sale Preference of Former § 1034 . .. 410 B. The Ambivalent Taxation of Capital Gains 412 III. The Restrictive Subtext: The Rollover Rule 414 A. The Rollover Mechanism , 416 B. Converting the Involuntary Conversion Provision 420 C. A Case of Mistaken Identity: Is a Home Like a Ship? . .. 422 IV. The Revenue Act of 1951 424 A. War and Taxes ................................ .. 425 B. From Hot War to Cold War. ..................... .. 427 C. A Bipartisan Oasis: The Home Sale Preference . .. 432 V. The Unintended Consequences ofthe Rollover Rule: Three Hypotheses 433 A. Over-Investment in Housing 434 B. Inflation of Housing Prices 437 C. Conversion ofFarmland into Suburban Housing 438 VI. A Tale of Two Counties: A Case Study 439 A. Santa Clara County, California: 1990-96 441 B. Boulder County, Colorado: 1990-96................. 443 I. Over-Investment in Housing 446 * Associate Professor of Law, Detroit College of Law at Michigan State University. LL.M., Columbia University; J.D., University of Colorado; B.A., Middlebury College. I am grateful to Michael C. -
RESTORING the LOST ANTI-INJUNCTION ACT Kristin E
COPYRIGHT © 2017 VIRGINIA LAW REVIEW ASSOCIATION RESTORING THE LOST ANTI-INJUNCTION ACT Kristin E. Hickman* & Gerald Kerska† Should Treasury regulations and IRS guidance documents be eligible for pre-enforcement judicial review? The D.C. Circuit’s 2015 decision in Florida Bankers Ass’n v. U.S. Department of the Treasury puts its interpretation of the Anti-Injunction Act at odds with both general administrative law norms in favor of pre-enforcement review of final agency action and also the Supreme Court’s interpretation of the nearly identical Tax Injunction Act. A 2017 federal district court decision in Chamber of Commerce v. IRS, appealable to the Fifth Circuit, interprets the Anti-Injunction Act differently and could lead to a circuit split regarding pre-enforcement judicial review of Treasury regulations and IRS guidance documents. Other cases interpreting the Anti-Injunction Act more generally are fragmented and inconsistent. In an effort to gain greater understanding of the Anti-Injunction Act and its role in tax administration, this Article looks back to the Anti- Injunction Act’s origin in 1867 as part of Civil War–era revenue legislation and the evolution of both tax administrative practices and Anti-Injunction Act jurisprudence since that time. INTRODUCTION .................................................................................... 1684 I. A JURISPRUDENTIAL MESS, AND WHY IT MATTERS ...................... 1688 A. Exploring the Doctrinal Tensions.......................................... 1690 1. Confused Anti-Injunction Act Jurisprudence .................. 1691 2. The Administrative Procedure Act’s Presumption of Reviewability ................................................................... 1704 3. The Tax Injunction Act .................................................... 1707 B. Why the Conflict Matters ....................................................... 1712 * Distinguished McKnight University Professor and Harlan Albert Rogers Professor in Law, University of Minnesota Law School. -
Table of Contents
Table of Contents Preface ..................................................................................................... ix Introductory Notes to Tables ................................................................. xi Chapter A: Selected Economic Statistics ............................................... 1 A1. Resident Population of the United States ............................................................................3 A2. Resident Population by State ..............................................................................................4 A3. Number of Households in the United States .......................................................................6 A4. Total Population by Age Group............................................................................................7 A5. Total Population by Age Group, Percentages .......................................................................8 A6. Civilian Labor Force by Employment Status .......................................................................9 A7. Gross Domestic Product, Net National Product, and National Income ...................................................................................................10 A8. Gross Domestic Product by Component ..........................................................................11 A9. State Gross Domestic Product...........................................................................................12 A10. Selected Economic Measures, Rates of Change...............................................................14 -
What Code Section 108 Tells Us About Congress’S Response to Economic Crisis
ARMSTRONG-PROOF DONE.DOCM 8/8/2011 10:41 AM FROM THE GREAT DEPRESSION TO THE CURRENT HOUSING CRISIS: WHAT CODE SECTION 108 TELLS US ABOUT CONGRESS’S RESPONSE TO ECONOMIC CRISIS Monica D. Armstrong* I. Introduction ......................................................................... 70 II. Discharge of Indebtedness: Gross Income or Not—Its Complicated History ............................................................ 72 III. The Great Depression, Kirby Doctrine, ............................... 76 and the Judicially-Created Insolvency Exception ............... 76 A. Net Assets Test: Defining Insolvency ......................... 79 B. Purchase Price Reduction Exception ............................ 80 C. Gift Exception ............................................................... 82 D. Codification of the Judicially-Created Exceptions: Bankruptcy Tax Act of 1980 ........................................ 83 IV. Economic Crisis: The Farm Credit Crisis of the 1980s Response: Section 108(a)(1)(C) ......................................... 85 A. Definition of QFI .......................................................... 87 B. Criticisms of the Section 108(a)(1)(C): Tax Attribute Limitation Contrary to Legislative Intent ...... 88 C. Insolvent Farmers Excluded ......................................... 89 D. “Trade or Business of Farming” ................................... 90 E. Gross Receipts Test ...................................................... 90 V. Economic Crisis: Housing/Mortgage Crisis Congressional Response: Section 108(a)(1)(E) -
The Revenue Act of 1951: Its Impact on Individual Income Taxes John C
University of Minnesota Law School Scholarship Repository Minnesota Law Review 1952 The Revenue Act of 1951: Its Impact on Individual Income Taxes John C. O'Byrne Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation O'Byrne, John C., "The Revenue Act of 1951: Its Impact on Individual Income Taxes" (1952). Minnesota Law Review. 1632. https://scholarship.law.umn.edu/mlr/1632 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. THE REVENUE ACT OF 1951: ITS IMPACT ON INDIVIDUAL INCOME TAXES JOHN C. O'BYRNE* T HE Revenue Act of 1951 is a phantasmagoria of taxes, sections, ideas, philosophies, benefits and loopholes. Well over a hundred different tax matters are touched specifically; the indirect results are incalculable. Income, excess profits, estate, gift and excise taxes -all received the attention of Congress in greater or lesser measure, plus a few nonclassifiable items charged to miscellaneous. The scope of the Act is appalling. Many of its provisions received wide publicity, inter alia the rate increase,' the removal of the tax free aspect of the President's expense account,2 the tax on bookies and wagers,3 the lowered admission taxes on cut-price ladies' day tickets, 4 the "television formula,"5 sale of a residence, 6 and capital gains on livestock.7 Other provisions raised little hue and cry, few huzzabs, yet in limited areas they are of immense importance to particular taxpayers. -
"Relief" Provisions in the Revenue Act of 1943
"RELIEF" PROVISIONS IN THE REVENUE ACT OF 1943 By JAMES E. FAHEY t THE Revenue Act of 1943 1 is an anomaly in the framework of income tax legislation.2 Its most obvious distinction lies in the manner of its enactment. It is the first revenue raising measure ever to be vetoed by a president and the first ever to be passed over veto. The political storm which engulfed Congress and the President over the bill's passage cen- tered in large measure over the so-called "relief" provisions found in the bill. These provisions alternately have been defended as accomplishing the correction of existing inequities in the law and assailed as providing loopholes enabling certain favored individuals and industries to avoid their equitable share in financing the war. A scrutinization of these con- troversial provisions in the light of the situations which they were de- signed to change may serve to focus the issue more clearly for the reader whose opinions are yet to be crystallized. Specifically, the President's veto message ' criticized five "relief" pro- visions in the bill as being special privilege measures. They were the provision for non-recognition of gain or loss on corporate reorganiza- tions carried on under court supervision and the concomitant "basis" provision,4 the extension of percentage depletion to certain minerals which were theretofore denied its use,' a provision making optional to taxpay- ers in the timber or logging business an accounting procedure which would enable them to treat the cutting of their timber as the sale of a capital asset,6 the extension of favored excess profits tax treatment formerly given only to producers of minerals and timber to producers of natural gas,7 and a broadening of the existing exemption of air mail carriers from excess profits taxes.8 t fember of the Kentucky Bar; Lecturer in Taxation, University of Louisville Law School. -
Observations on the Revenue Act of 1951
Fordham Law Review Volume 20 Issue 3 Article 3 1951 Observations on the Revenue Act of 1951 Arthur H. Goodman Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Arthur H. Goodman, Observations on the Revenue Act of 1951, 20 Fordham L. Rev. 273 (1951). Available at: https://ir.lawnet.fordham.edu/flr/vol20/iss3/3 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. OBSERVATIONS ON THE REVENUE ACT OF 1951 ARTHUR H. GOODMANt A new revenue act is always an easy target and, not entirely by coincidence, the critical faculty becomes particularly active when the legislation under analysis strikes one where he can least afford it. Perhaps the only perfect revenue act would be one in which Congress, through some now unforeseeable panacea, found it possible to abolish taxes altogether. Until that happy day, however, the interplay of forces- legal, fiscal, economic and political-attending the adoption of each revenue act, will be watched with the deepest public concern, and the finished product pounced upon as unfair, unintelligible, socialistic, discriminatory, or otherwise contrary to the national interest. The Revenue Act of 1951 is pointed in the right direction; that is to say, it increases the tax collector's participation in the national income. -
Liberal Construction of Tax Treaties an Analysis of Congressional and Administrative Limitations of an Old Doctrine Herrick K
Cornell Law Review Volume 47 Article 2 Issue 4 Summer 1962 Liberal Construction of Tax Treaties An Analysis of Congressional and Administrative Limitations of an Old Doctrine Herrick K. Lidstone Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Herrick K. Lidstone, Liberal Construction of Tax Treaties An Analysis of Congressional and Administrative Limitations of an Old Doctrine , 47 Cornell L. Rev. 529 (1962) Available at: http://scholarship.law.cornell.edu/clr/vol47/iss4/2 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. LIBERAL CONSTRUCTION OF TAX TREATIES-AN ANALYSIS OF CONGRESSIONAL AND ADMINI- STRATIVE LIMITATIONS OF AN OLD DOCTRINE Herrick K. Lidstonet Automatic data processing, identification numbers for taxpayers, with- holding of income tax from dividends and interest, and tax subsidies for investments in new equipment, revolutionary as they are in United States tax philosophy,' could normally have been expected to obscure the bitter infighting over those portions of H.R. 10650, the Revenue Bill of 1962, which prescribe new rules for taxation of foreign income.2 However, two years of publicizing the flow of gold toward Europe have so dramatized the possibilities for income tax avoidance (and even evasion) in foreign operations and through foreign bank accounts and tax havens that envious taxpayers can almost sympathize with Ingemar 'Johansson's failure to convince the district court that he was the fighting chattel of a Swiss corporation.3 From 1954 to 1961 the political battle was for freedom from income tax on foreign earnings. -
The Official
1 APUSH Timeline For Exam Review ERA By R. Ryland, Thomas Jefferson Classical Academy (Mooresboro, NC) Inspired by “Mr. Tesler’s Cram Packet,” (Queens, NY) EARLY COLONIAL ERA (Transplantations), 17th c. Origins and objectives of English settlements in New World How/why the English colonies differed in purpose & administration THEMES 1492: Columbus lands in Caribbean islands 1497: John Cabot lands in North America. 1513: Ponce de Leon claims Florida for Spain. 1524: Verrazano explores North American Coast. 1539-1542: Hernando de Soto explores the Mississippi River Valley. 1540-1542: Coronado explores what will be the Southwestern United States. 1565: Spanish found the city of St. Augustine in Florida. 1579: Sir Francis Drake explores the coast of California. 1584 – 1587: Roanoke – the lost colony 1607: British establish Jamestown Colony – bad land, malaria, rich men, no gold o Headright System – land for population – people spread out 1608: French establish colony at Quebec. 1609: United Provinces establish claims in North America. 1614: Tobacco cultivation introduced in Virginia. – by Rolfe 1619: First African slaves brought to British America. o Virginia begins representative assembly – House of Burgesses 1620: Plymouth Colony is founded. o Mayflower Compact signed – agreed rule by majority 1624 – New York founded by Dutch 1629: Mass. Bay founded – “City Upon a Hill” o Gov. Winthrop o Bi-cameral legislature, schools 1630: The Puritan Migration 1632: Maryland – for profit – proprietorship 1634 – Roger Williams banished from Mass. Bay Colony 1635: Connecticut founded 1636: Rhode Island is founded – by Roger Williams o Harvard College is founded 1638 – Delaware founded – 1st church, 1st school 1649 – Maryland Toleration Act – (toleration for all Christians) – later repealed by MA Protestants 1650-1696: The Navigation Acts are enacted by Parliament. -
Political Hot Potato: How Closing Loopholes Can Get Policymakers Cooked Stephanie Hunter Mcmahon
Journal of Legislation Volume 37 | Issue 2 Article 1 5-1-2011 Political Hot Potato: How Closing Loopholes Can Get Policymakers Cooked Stephanie Hunter McMahon Follow this and additional works at: http://scholarship.law.nd.edu/jleg Recommended Citation McMahon, Stephanie Hunter (2011) "Political Hot Potato: How Closing Loopholes Can Get Policymakers Cooked," Journal of Legislation: Vol. 37: Iss. 2, Article 1. Available at: http://scholarship.law.nd.edu/jleg/vol37/iss2/1 This Article is brought to you for free and open access by the Journal of Legislation at NDLScholarship. It has been accepted for inclusion in Journal of Legislation by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. POLITICAL HOT POTATO: HOW CLOSING LOOPHOLES CAN GET POLICYMAKERS COOKED Stephanie HunterMcMahon* ABSTRACT Loopholes in the law are weaknesses that allow the law to be circumvented Once created, they prove hard to eliminate. A case study of the evolving tax unit used in the federal income tax explores policymakers' response to loopholes. The 1913 income tax created an opportunity for wealthy married couples to shift ownership of family income between spouses, then to file separately, and, as a result, to reduce their collective taxes. In 1948, Congress closed this loophole by extending the income-splitting benefit to all married taxpayers filing jointly. Congress acted only after the federal judiciary and Treasury Department pleaded for congressional reform and, receiving none, reduced their roles policing wealthy couples' tax abuse. The other branches would no longer accept the delegated power to regulate the tax unit. By examining these developments, this article explores the impact of the separation of powers on the closing of loopholes and adds to our understandingof how the government operates. -
Joint Committee on Taxation Description of Revenue Provisions
[JOINT COMMITTEE PRINT] DESCRIPTION OF REVENUE PROVISIONS CONTAINED IN THE PRESIDENT’S FISCAL YEAR 2010 BUDGET PROPOSAL PART TWO: BUSINESS TAX PROVISIONS Prepared by the Staff of the JOINT COMMITTEE ON TAXATION September 2009 U.S. Government Printing Office Washington: 2009 JCS-3-09 JOINT COMMITTEE ON TAXATION 111TH CONGRESS, 1ST SESSION ________ HOUSE SENATE Charles B. Rangel, New York Max Baucus, Montana Chairman Vice Chairman Fortney Pete Stark, California John D. Rockefeller IV, West Virginia Sander M. Levin, Michigan Kent Conrad, North Dakota Dave Camp, Michigan Chuck Grassley, Iowa Wally Herger, California Orrin G. Hatch, Utah Thomas A. Barthold, Chief of Staff Emily S. McMahon, Deputy Chief of Staff Bernard A. Schmitt, Deputy Chief of Staff CONTENTS Page INTRODUCTION .......................................................................................................................... 1 I. TAX INCENTIVES AND OTHER TAX REDUCTIONS ................................................ 2 A. Increase in Limitations on Expensing of Certain Depreciable Business Assets ........... 2 B. Qualified Small Business Stock .................................................................................... 5 C. Make the Research Credit Permanent ........................................................................... 7 D. Expand Net Operating Loss Carryback ...................................................................... 25 E. Restructure Transportation Infrastructure Assistance to New York City ................... 30 II. REVENUE RAISING -
Tax Reform and Capital Gains: the Aw R Against Unfari Taxes Is Far from Over Richard A
Journal of Legislation Volume 14 | Issue 1 Article 1 1-1-1987 Tax Reform and Capital Gains: The aW r against Unfari Taxes Is Far from Over Richard A. Gephardt Michael R. Wessel Follow this and additional works at: http://scholarship.law.nd.edu/jleg Recommended Citation Gephardt, Richard A. and Wessel, Michael R. (1987) "Tax Reform and Capital Gains: The aW r against Unfari Taxes Is Far from Over," Journal of Legislation: Vol. 14: Iss. 1, Article 1. Available at: http://scholarship.law.nd.edu/jleg/vol14/iss1/1 This Article is brought to you for free and open access by the Journal of Legislation at NDLScholarship. It has been accepted for inclusion in Journal of Legislation by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. TAX REFORM AND CAPITAL GAINS: THE WAR AGAINST UNFAIR TAXES IS FAR FROM OVER Richard A. Gephardt* with Michael R. Wessel** INTRODUCTION In the fall of 1986, Congress completed the process of fundamen- tally reforming the U.S. Tax Code. The House of Representatives passed a comprehensive tax reform bill late in December 1985.1 The bill underwent radical change in the Senate Finance Committee. 2 Pres- ident Reagan signed the Tax Reform Act of 19861 on October 22, 1986. The U.S. Tax Code has grown from eighty-nine pages in 19134 to thousands of pages in 1987. Additionally, the regulations and case law needed to interpret the Code require analysis of volumes of reference materials.' The Deficit Reduction Act of 19846 alone topped 1,300. pages.