Vol. 73, No. 1 - Fall 2019

Taxation

New Thinking About Jurisdictional Time Periods in the Tax Code

Bryan T. Camp

This Article explores the extent to which statutory periods of limitation in the Code are properly viewed as jurisdictional restrictions on the authority of the Tax Court. Starting in the mid-2000s, the Supreme Court began an enthusiastic campaign to distinguish between time limits that are jurisdictional and time limits that are not jurisdictional. ...

Taxation

The Curious Case of Section 461(l): Why This Unclear and Unwise New Rule Should Be Construed as Narrowly as Possible

Steven Z. Hodaszy

Section 461(l) is one of the more curious provisions of the sweeping Tax Cuts and Jobs Act that was enacted at the end of 2017. Section 461(l) prohibits owners of non-C-corporation businesses from offsetting trade-or-business losses above a certain threshold against nonbusiness income in the taxable year of the loss. ...

Taxation

Back to Basics: Rethinking Normative Principles in International Tax

Shay Moyal

International Tax is a relatively new legal system that lacks clear objectives and principles. These principles, which guide unilateral legislation and multilateral coordination, have not been discussed thoroughly through the lens of jurisprudence and legal philosophy. This Article offers a unique jurisprudential analysis of these normative principles by redefining them and clarifying several basic assumptions. ...

Taxation

Sex Inequality in the United States and French Income Tax Filing Systems

Mary Roche Waller

This Article explains and compares the joint and family income taxation structures in the U.S. and France, respectively, and discusses how these structures contribute to sex inequality. The Article also addresses the rationales for a joint or family structure and offers three possible approaches for reducing the sex inequality in the tax systems in the U.S. and France...

Comments on Proposed Revenue Procedure in Notice 2019-07 Regarding Section 199A and Rental Real Estate Enterprises

ABA Section of Taxation

Section 199A was added to the Code by An Act to Provide for Reconciliation Pursuant to Titles II and V of the Concurrent Resolution on the Budget for Fiscal Year 2018, commonly referred to as the Tax Cuts and Jobs Act. Final regulations under section 199A were issued on January 18, 2019. Notice 2019-07, issued simultaneously with the Final Regulations, contains a proposed revenue procedure detailing a proposed safe harbor...