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The Disclosure of State Corporate Income Tax Data: Turning the Clock Back to the Future Richard Pomp University of Connecticut School of Law
University of Connecticut OpenCommons@UConn Faculty Articles and Papers School of Law Spring 1993 The Disclosure of State Corporate Income Tax Data: Turning the Clock Back to the Future Richard Pomp University of Connecticut School of Law Follow this and additional works at: https://opencommons.uconn.edu/law_papers Part of the Taxation-Federal Commons, and the Taxation-State and Local Commons Recommended Citation Pomp, Richard, "The Disclosure of State Corporate Income Tax Data: Turning the Clock Back to the Future" (1993). Faculty Articles and Papers. 121. https://opencommons.uconn.edu/law_papers/121 +(,121/,1( Citation: 22 Cap. U. L. Rev. 373 1993 Content downloaded/printed from HeinOnline (http://heinonline.org) Mon Aug 15 17:19:23 2016 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: https://www.copyright.com/ccc/basicSearch.do? &operation=go&searchType=0 &lastSearch=simple&all=on&titleOrStdNo=0198-9693 THE DISCLOSURE OF STATE CORPORATE INCOME TAX DATA: TURNING THE CLOCK BACK TO THE FUTURE RICHARD D. POMP* INTRODUCTION .............................................. 374 I. THE DISCLOSURE OF INCOME TAX INFORMATION AT THE FEDERAL LEVEL: AN HISTORICAL PERSPECTIVE .......... 378 A. The Civil War Income Taxes: 1861-1872 ............... 379 B. The 1894 Income Tax ................................ 384 C. The Tariff Act of 1909 ............................... 386 D . 1913-1923 .......................................... 389 E. The 1924 and 1926 Acts ............................... 391 F. The Pink Slip Provisions: 1934-1935 ................ -
Retroactive Remedial Tax Legislation and the Statute of Limitations - the Silenced Claimant V
Duquesne Law Review Volume 9 Number 1 Article 11 1970 Retroactive Remedial Tax Legislation and the Statute of Limitations - The Silenced Claimant v. I.R.S. Raymond F. Sekula Follow this and additional works at: https://dsc.duq.edu/dlr Part of the Law Commons Recommended Citation Raymond F. Sekula, Retroactive Remedial Tax Legislation and the Statute of Limitations - The Silenced Claimant v. I.R.S., 9 Duq. L. Rev. 1 (1970). Available at: https://dsc.duq.edu/dlr/vol9/iss1/11 This Article is brought to you for free and open access by Duquesne Scholarship Collection. It has been accepted for inclusion in Duquesne Law Review by an authorized editor of Duquesne Scholarship Collection. Duquesne Law Review Volume 9, Number 1, Fall 1970-1971 Retroactive Remedial Tax Legislation and the Statute of Limitations- The Silenced Claimant v. I.R.S. Raymond F. Sekula* I. A HISTORY OF THE PROBLEMS INVOLVED This article is concerned with inequality in federal taxation, spe- cifically the inequality in some of the retroactive tax relief statutes enacted by Congress. These statutes have retroactively applied to years which have been normally "closed" for purposes of refunds by the statute of limitations in Section 6511 of the Internal Revenue Code. At times, the Congress has mentioned in some of these statutes that the relief given did not apply to such closed years. When the legislation has been silent in that respect, the courts have had to decide whether the statute implicitly reopens the statute of limitations on claims for refunds. Retroactive tax legislation is not new. -
Economics During the Lincoln Administration
4-15 Economics 1 of 4 A Living Resource Guide to Lincoln's Life and Legacy ECONOMICS DURING THE LINCOLN ADMINISTRATION War Debt . Increased by about $2 million per day by 1862 . Secretary of the Treasury Chase originally sought to finance the war exclusively by borrowing money. The high costs forced him to include taxes in that plan as well. Loans covered about 65% of the war debt. With the help of Jay Cooke, a Philadelphia banker, Chase developed a war bond system that raised $3 billion and saw a quarter of middle class Northerners buying war bonds, setting the precedent that would be followed especially in World War II to finance the war. Morrill Tariff Act (1861) . Proposed by Senator Justin S. Morrill of Vermont to block imported goods . Supported by manufacturers, labor, and some commercial farmers . Brought in about $75 million per year (without the Confederate states, this was little more than had been brought in the 1850s) Revenue Act of 1861 . Restored certain excise tax . Levied a 3% tax on personal incomes higher than $800 per year . Income tax first collected in 1862 . First income tax in U. S. history The Legal Tender Act (1862) . Issued $150 million in treasury notes that came to be called greenbacks . Required that these greenbacks be accepted as legal tender for all debts, public and private (except for interest payments on federal bonds and customs duties) . Investors could buy bonds with greenbacks but acquire gold as interest United States Note (Greenback). EarthLink.net. 18 July 2008 <http://home.earthlink.net/~icepick119/page11.html> Revenue Act of 1862 Office of Curriculum & Instruction/Indiana Department of Education 09/08 This document may be duplicated and distributed as needed. -
Mayo Clinic, a Minnesota Corporation
United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-3189 ___________________________ Mayo Clinic, a Minnesota Corporation lllllllllllllllllllllPlaintiff - Appellee v. United States of America lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: October 20, 2020 Filed: May 13, 2021 ____________ Before SMITH, Chief Judge, LOKEN and GRUENDER, Circuit Judges. ____________ LOKEN, Circuit Judge. Mayo Clinic (“Mayo”), a Minnesota nonprofit corporation, oversees healthcare system subsidiaries and operates the Mayo Clinic College of Medicine and Science (“Mayo College”). Mayo is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code (IRC), 26 U.S.C. § 501(c)(3).1 After an audit in 2009, the Internal Revenue Service concluded that Mayo owed unrelated business income tax (“UBIT”) on certain investment income it received from the investment pool it manages for its subsidiaries. The IRS issued a Notice of Proposed Adjustment and reaffirmed its position in a 2013 Technical Advice Memorandum. At issue is $11,501,621 in UBIT for tax years 2003, 2005-2007, and 2010-2012. Mayo2 paid the tax and brought this refund action. The issue, briefly stated, is whether Mayo is a “qualified organization” exempted from paying UBIT on “unrelated debt-financed income” under IRC § 514(c)(9)(C)(i). Qualified organizations include “an organization described in section 170(b)(1)(A)(ii) . .” Section 170(b)(1)(A)(ii) describes “an educational organization which normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of pupils or students in attendance at the place where its educational activities are regularly carried on.” The IRS denied Mayo the exemption because it is not an “educational organization” as defined in 26 C.F.R. -
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. -
The Joint Committee on Taxation and Codification of the Tax Laws
The Joint Committee on Taxation and Codification of the Tax Laws George K. Yin Edwin S. Cohen Distinguished Professor of Law and Taxation University of Virginia Former Chief of Staff, Joint Committee on Taxation February 2016 Draft prepared for the United States Capitol Historical Society’s program on The History and Role of the Joint Committee: the Joint Committee and Tax History Comments welcome. THE UNITED STATES CAPITOL HISTORICAL SOCIETY THE JCT@90 WASHINGTON, DC FEBRUARY 25, 2016 The Joint Committee on Taxation and Codification of the Tax Laws George K. Yin* February 11, 2016 preliminary draft [Note to conference attendees and other readers: This paper describes the work of the staff of the Joint Committee on Internal Revenue Taxation (JCT)1 that led to codification of the tax laws in 1939. I hope eventually to incorporate this material into a larger project involving the “early years” of the JCT, roughly the period spanning the committee’s creation in 1926 and the retirement of Colin Stam in 1964. Stam served on the staff for virtually this entire period; he was first hired (on a temporary basis) in 1927 as assistant counsel, became staff counsel in 1929, and then served as Chief of Staff from 1938 until 1964. He is by far the longest‐serving Chief of Staff the committee has ever had. The conclusions in this draft are still preliminary as I have not yet completed my research. I welcome any comments or questions.] Possibly the most significant accomplishment of the JCT and its staff during the committee’s “early years” was the enactment of the Internal Revenue Code of 1939. -
Misc Publications MP-02
TAX FOUNDATION, INC. 50 Rockefeller Plaz a New York, N. Y. August 15, 1940 1 FORMM This conrpilation and bibliography are presented in th e hone that they will contribute to a fuller understanding of a difficult and at times controversial subject . In selecting the materials included an effort was made to obtain a cross section of opinions cnnd points of view . Attention is directed to the bibliograpay of periodical and special materials on war, profit s and excess profits thxation issued from 1916 to 1940. In the light of recent event s, the body of literature developed as P. result of our experience with those forms of taxation during and immodiately after the War of 1914--1919 has assumed anew significance . August 15, 1940 xA FOUIMATION 0 At Page Current Proposals 1 Some Aspects of the Profit-Tax Bill 2 The Excess-Profits Tart 3 Taxation and National Defense 4 Holding Up Defense 5 Excess-Profit Tax Hinges on Business 6 The Revenue Angle 7 The Basis 11or An Excess-Profits Tax 9 The Valuation cf Business Investments 9 Effects of Excess Profits Taxes 1 0 Excess Profits Tax : A Wartime Measure 11 Excess Profits Taxes, 1933 o 1940 1 2 The World War and Postwar Pederal :Taxation 1 3 Wartime Taxes on Profits 14 LIST OF TABLE S National Defense Expenditures, Fiscal Years 1928-1941 15 Taxes, Not Income and Dividends of All Activ e Corporations in the United States 16 Effects of Tax Increases 1 7 Table Showing 7,899 Representative Corporations Classified According to Amount of Invested Capital and R :titio of Net Income to Invested Capital During tho Taxable Year 18 Excess-Profits Taxes of Twelve Coal Companies 19 BIBLIOGRAPHY :Bibliographer on Par Profits and Excoss Profits Taxos 20 1 . -
Line Item Veto and the Tax Legislative Process: a Futile Effort at Deficit Reduction, but a Step Toward Tax Integrity Gordon T
Hastings Law Journal Volume 49 | Issue 1 Article 1 1-1997 Line Item Veto and the Tax Legislative Process: A Futile Effort at Deficit Reduction, But a Step Toward Tax Integrity Gordon T. Butler Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Gordon T. Butler, Line Item Veto and the Tax Legislative Process: A Futile Effort at Deficit Reduction, But a Step Toward Tax Integrity, 49 Hastings L.J. 1 (1997). Available at: https://repository.uchastings.edu/hastings_law_journal/vol49/iss1/1 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. The Line Item Veto and the Tax Legislative Process: A Futile Effort at Deficit Reduction, But a Step Toward Tax Integrity by GORDON T. BUTLER* Table of Contents Introduction ...................................................................... 2 I. The Problem of the Deficit and the Budget Process ............... 4 II. The Line Item Veto ...................................................... 21 A. 1995 Congressional Proposals ................................. 21 (1) House Bill 2 and "Enhanced Rescission" ................ 22 (2) Senate Bill 4 and "Separate Enrollment". ............... 24 B. The Line Item Veto of 1996 ...................................... 26 (1) The Act ....................................................... 26 (2) Constitutionality of the Line Item Veto .................. 31 (a) Separate Enrollment Form ............................... 41 (b) Enhanced Rescission Form ............................ 43 (3) Comparison with State Item Veto Authority ............... 52 (4) Critique of the Line Item Veto Act of 1996 ............. 56 m. Are "Tax Expenditures" Expenditures? ......... -
The Progressive Movement and the Reforming of the United States of America, from 1890 to 1921
2014 Democratic and Popular Republic of Algeria. Ministry of Higher Education and Scientific Research. University of Oran. Faculty of Letters, Languages, and Arts. Department of English. Research Paper Submitted for a Doctorate Thesis in American Civilisation Entitled: The Progressive Movement and the Reforming of the United States of America, from 1890 to 1921. Presented by: Benketaf, Abdel Hafid. Jury Members Designation University Pr. Bouhadiba, Zoulikha President Oran Pr. Borsali, Fewzi Supervisor Adrar Pr. Bedjaoui, Fouzia Examiner 1 Sidi-Belabes Dr. Moulfi, Leila Examiner 2 Oran Dr. Belmeki, Belkacem Examiner 3 Oran Dr. Afkir, Mohamed Examiner 4 Laghouat Academic Year: 2013-2014. 1 Acknowledgements Acknowledgments are gratefully made for the assistance of numerous friends and acquaintances. The largest debt is to Professor Borsali, Fewzi because his patience, sound advice, and pertinent remarks were of capital importance in the accomplishment of this thesis. I would not close this note of appreciation without alluding to the great aid provided by my wife Fatima Zohra Melki. 2 Dedication To my family, I dedicate this thesis. Pages Contents 3 List of Tables. ........................................................................................................................................................................ vi List of Abbreviations......................................................................................................................................................... vii Introduction. ........................................................................................................................................................................ -
America's Economic Way Of
|America’s Economic Way of War How did economic and financial factors determine how America waged war in the twentieth century? This important new book exposes the influence of economics and finance on the questions of whether the nation should go to war, how wars would be fought, how resources would be mobilized, and the long-term consequences for the American economy. Ranging from the Spanish–American War to the Gulf War, Hugh Rockoff explores the ways in which war can provide unique opportunities for understanding the basic principles of economics as wars produce immense changes in monetary and fiscal policy and so provide a wealth of infor- mation about how these policies actually work. He shows that wars have been more costly to the United States than most Americans realize as a substantial reliance on borrowing from the public, money creation, and other strategies to finance America’s war efforts have hidden the true cost of war. hugh rockoff is a professor of Economics at Rutgers, the State University of New Jersey, and a research associate of the National Bureau of Economic Research. His publications include numerous papers in professional journals, The Free Banking Era: A Re-examination (1975), Drastic Measures: A History of Wage and Price Controls in the United States (1984), and a textbook, History of the American Economy (2010, with Gary Walton). NEW APPROACHES TO ECONOMIC AND SOCIAL HISTORY series editors Nigel Goose, University of Hertfordshire Larry Neal, University of Illinois, Urbana-Champaign New Approaches to Economic and Social History is an important new textbook series published in association with the Economic History Society. -
Taxes, Investment, and Capital Structure: a Study of U.S
Taxes, Investment, and Capital Structure: A Study of U.S. Firms in the Early 1900s Leonce Bargeron, David Denis, and Kenneth Lehn◊ August 2014 Abstract We analyze capital structure decisions of U.S. firms during 1905-1924, a period characterized by two relevant shocks: (i) the introduction of corporate and individual taxes, and (ii) the onset of World War I, which resulted in large, transitory increases in investment outlays by U.S. firms. Although we find little evidence that shocks to corporate and individual taxes have a meaningful influence on observed leverage ratios, we find strong evidence that changes in leverage are positively related to investment outlays and negatively related to operating cash flows. Moreover, the transitory investments made by firms during World War I are associated with transitory increases in debt, especially by firms with relatively low earnings. Our findings do not support models that emphasize taxes as a first-order determinant of leverage choices, but do provide support for models that link the dynamics of leverage with dynamics of investment opportunities. ◊ Leonce Bargeron is at the Gatton College of Business & Economics, University of Kentucky. David Denis, and Kenneth Lehn are at the Katz Graduate School of Business, University of Pittsburgh. We thank Steven Bank, Alex Butler, Harry DeAngelo, Philipp Immenkotter, Ambrus Kecskes, Michael Roberts, Jason Sturgess, Mark Walker, Toni Whited and seminar participants at the 2014 SFS Finance Cavalcade, the University of Alabama, University of Alberta, University of Arizona, Duquesne University, University of Kentucky, University of Pittsburgh, University of Tennessee, and York University for helpful comments. We also thank Peter Baschnegal, Arup Ganguly, and Tian Qiu for excellent research assistance. -
Re-Assessing the Costs of the Stepped-Up Tax Basis Rule
Tulane Economics Working Paper Series Re-assessing the Costs of the Stepped-up Tax Basis Rule Jay A. Soled Richard L. Schmalbeck James Alm Rutgers Business School Duke Law School Tulane University [email protected] [email protected] [email protected] Working Paper 1904 April 2019 Abstract The stepped-up basis rule applicable at death (IRC section 1014) has always been a major source of revenue loss. Now, in the absence of a meaningful estate tax regime, taxpayers and their estate executors and administrators are likely to report inated date-of-death asset values. As a result, the revenue loss associated with this tax expenditure, called the stepped-up tax basis rule, will surely increase markedly. The Internal Revenue Service will no doubt attempt to police excessive tax basis adjustments, but the agency lacks the resources to do so adequately. Congress should therefore institute reforms to ensure proper tax basis identication. Keywords: Estate tax, capital gains, stepped-up basis tax rule. JEL codes: H2, H3. RE-ASSESSING THE COSTS OF THE STEPPED-UP TAX BASIS RULE Jay A. Soled, Richard L. Schmalbeck, & James Alm* The stepped-up basis rule applicable at death (IRC section 1014) has always been a major source of revenue loss. Now, in the absence of a meaningful estate tax regime, taxpayers and their estate executors and administrators are likely to report inflated date- of-death asset values. As a result, the revenue loss associated with this tax expenditure, called the “stepped-up tax basis rule”, will surely increase markedly. The Internal Revenue Service will no doubt attempt to police excessive tax basis adjustments, but the agency lacks the resources to do so adequately.