MauledAgain

Prof. James Edward Maule's more than occasional commentary on tax law, legal education, the First Amendment, religion, and law generally, with sporadic attempts to connect all of this to genealogy, theology, music, model trains, and chocolate chip cookies. Copyright 2002-2022 James Edward Maule.

Friday, May 29, 2015

Collecting an Existing Tax Does Not Create a New Tax

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For whatever reason, some people seem to think that being required to pay an existing tax amounts to the creation of a new tax. In a recent ...
Wednesday, May 27, 2015

When Arguing Tax Policy, Don’t Let Simplistic Inaccuracies Overshadow Strong But Complicated Arguments

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An image making the rounds on facebook has this to offer about federal taxation: Government Handouts That the Rich Get, But Fox “News” Will ...
Monday, May 25, 2015

Between Theory and Reality is the (Tax) Test

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No, I’m not referring to the tax exams that stand between a student’s coursework and practice experience. What has been pulled from the back...
Friday, May 22, 2015

Doing Arithmetic: An Insight into Tax Policy Conundrums

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Sometimes, in trying to help people understand the facts beneath tax policy issues, I wonder why many have difficulty grasping the essential...
Wednesday, May 20, 2015

The Dependency Exemption Parental Tie-Breaker Rule

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A recent case, Rolle v. Comr. , T.C. Memo 2015-93, illustrates the dependency tie-breaker rule. The taxpayer married Raina in 2006. During 2...
Monday, May 18, 2015

So Where’s the Money?

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Stanley Druckenmiller, a billionaire hedge fund manager, has reacted, according to this story to “proposals to tax the rich to pay for more...
Friday, May 15, 2015

When Is a Casualty Loss Not (Yet) A Casualty Loss?

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In a recent decision, Hyler v. Comr. , T.C. Summ. Op. 2015-34, the Tax Court held that a taxpayer’s casualty loss deduction claimed in 2012 ...
Wednesday, May 13, 2015

When Do Relationships End for Federal Income Tax Purposes?

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A recent case, Cowan v. Comr. , T.C. Memo 2015-85, required the Tax Court to decide when the relationship of a foster parent to a foster chi...
Monday, May 11, 2015

Funding Pothole Repairs With Spending Cuts? Really?

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Readers of this blog know that I think it is silly to reject fixing potholes with tax increases because of the “no taxes” meme, when that me...
Friday, May 08, 2015

How to Tax Unrealized Appreciation at Death: Modifying a Proposal

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Two weeks ago, in An Immoral Tax? , I explained, as I have done previously in Capital Gains, Dividends, and Taxes , As I Expected, Tax Defor...
Wednesday, May 06, 2015

Surely This Does Not Boost Confidence In The ReadyReturn Proposal

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There are several lessons to be learned from a recent story about the attempt by the IRS to subject to federal income taxation the nearly $...
Monday, May 04, 2015

Theoretical Tax Revenue Meets Practical Planning

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In September of last year, in Tax-Exempt Status Benefits Aren’t Necessary Unless There is Net Income , I responded to calls for eliminating ...
Friday, May 01, 2015

Payment Noncompliance Kills Alimony Deduction

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A recent Tax Court case, Iglicki v. Comr. , T.C. Memo 2015-80, highlights the tax disadvantages of falling behind on alimony payments. When ...
Wednesday, April 29, 2015

So What to Tax?

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As described in several recent stories, including this one , some Philadelphia business and political leaders are proposing a major change i...
Monday, April 27, 2015

Perhaps a Reason the Rich Think They Don’t Have Enough?

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One of the forces that has shaped federal and some state tax policies during the past decade is the unflagging efforts of the ultra-rich, or...
Friday, April 24, 2015

A Failure-to-Immunize Tax?

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An economist, Mark Pauly, has presented an interesting tax proposal aimed at offsetting the costs imposed on society by parents who refuse ...
Wednesday, April 22, 2015

An Immoral Tax?

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Let’s talk about taxes and immorality. Usually, that connection arises when debates are underway with respect to taxes on alcohol or tobacco...
Monday, April 20, 2015

Another Tax Simplification Idea

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According to this recent article , Philadelphia’s City Controller has determined that many real estate agents doing business in Philadelphia...
Friday, April 17, 2015

Here’s A Tax Reform Idea . . . That Probably Won’t Fly

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As described in a recent article , Congressional tax writers are looking for a way to give to partners and S corporation shareholders the be...
Wednesday, April 15, 2015

Free Houses, Free Land: Gross Income?

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For those seeking free houses and free land, The Penny Hoarder has a list of cities that are giving away houses that need fixing up, cash r...
Monday, April 13, 2015

Another “Tax the Poor More Than the Rich” Plan

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Alaska, like most other states, is facing education funding shortfalls. So a Republican state senator, Click Bishop, has proposed a new tax....
Friday, April 10, 2015

Success for the Anti-Tax Crowd: Closing Down Education

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The anti-tax crowd dislikes taxes, dislikes government, dislikes government services other than those provided to themselves, and delights i...
Wednesday, April 08, 2015

Retirement and Taxes

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It is no secret that there exist provisions in the tax law designed to encourage saving for retirement. The exclusion of employer and employ...
Monday, April 06, 2015

Tax Advice for Millennials Isn’t Just for Millenials

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Recently, Refinery29 published “The Millennial’s Guide to Doing Taxes – In 5 Easy Steps. Each of the five steps, and the guidance provided ...
Friday, April 03, 2015

When Those Who Hate Takers Take Tax Revenue

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One of the arguments put forth by the anti-government-spending folks is that it is bad morally, socially, and politically to collect taxes f...
Wednesday, April 01, 2015

Taking Without Giving: A Tax Con Reawakened

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They’re at it again. The folks who are skilled at making themselves appear financially oppressed even though they are swimming in wealth hav...
Monday, March 30, 2015

Battle Over Highway Infrastructure Taxation Heats Up in Alabama

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The highway funding situation in Alabama isn’t all that different from what exists in most other states. Roads are falling apart, funding is...
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