Bradley T. Borden

Professor of Law, Brooklyn Law School, USA


Catalogue of legal authority addressing the federal definition of tax partnership

I. INTRODUCTION The following Table of Legal Authority Addressing the Federal Definition of Tax Partnership presents a summary of numerous statutes, cases, regulations, and rulings (the legal authority) that address the federal definition of tax partnership. The Table is a work-in-progress.[1] Nonetheless, it may serve a useful purpose in its current ...


The Federal Definition of Tax Partnership

I. INTRODUCTION “When an entity must be classified for purposes of a Federal income tax statute, policy considerations of Federal income tax law should govern that classification . . . .”[1] Thus spoke the Tax Court, honoring federal income tax policy with its pen, but remaining far from it in application.[2] ...


Taxing Shared Economies of Scale

ABSTRACT Economies of scale exist if long-run average costs decline as output rises. All else being equal, the decline in average costs should lead to greater profitability, making economies of scale attractive to businesses. Nobel laureate George Stigler recognized that economies of scale should help determine the optimum size of a ...


Tax Opinions in TIC Offerings and Reverse TIC Exchanges

Co-author: Todd D. Keator[*] TABLE OF CONTENTS I.INTRODUCTION II.DEVIATIONS FROM THE REVENUE PROCEDURE A.Common Deviations 1.Deemed Consent 3.Investor Loans 4.Sponsor Guarantees 5.Sponsor Bridge Loans B.Significant Deviations 1.Multiple Properties 2.Non-Pro Rata Debt 3.Construction Activities 4.Sponsor-Retained Interests III.REVERSE EXCHANGES INVOLVING TIC INTERESTs A.Securities Issues B.Contractual Issues C.Lender Approval IV.CONCLUSION I.INTRODUCTION Tenancy-in-common (“TIC”) investments offer investors the ability to own small pieces of high-grade properties that do not require active management by the investors. ...


Three Cheers for Passthrough Taxation

Table of Contents Cheer One: Technical Legitimacy Cheer Two: Horizontal Equity Cheer Three: Fairness Alternative Revenue-Generating Solution Conclusion Treasury Secretary Timothy Geithner recently suggested that some sort of entity-level tax should be imposed on subchapter S corporations and tax partnerships.[1] Others expressed support for that proposal at a House Ways and Means Committee hearing held on ...


Considering Tax Expenditures In State Budget Deliberations

I. Introduction I am going to speak generally about three components of state public finance: first, tax revenue; second, government expenditures; and third, the allocation of the tax burden. I will illustrate how tax expenditures, such as sales-tax exemptions and other preferential laws, affect each component of public finance. In all of ...

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