Free Trade versus Protectionism: A Taxing Debate

by Yuejiao Hou 12. October 2009 03:40
President Obama’s September 11th decision to restrict imports of Chinese tires has sparked a taxing debate both domestically and abroad. On top of the preexisting four percent tariff on all tire imports, the president determined to impose additional duties of 35-30-25 percent ad valorem tapered down over three years, specifically upon certain passenger vehicle and light truck tires from China. [1] China responded within days by raising a World Trade Organization ("WTO") challenge to the safeguard, alleging that Obama’s actions are inconsistent with existing international laws. [2] Meanwhile, the proclamation has incited both criticism and praise from a variety of domestic and foreign interests. This article will assess the legality, consequences, and judiciousness of implementing such a tariff and conclude with a word on the free trade versus protectionism debate. [More]

Statistical Sampling: Weighing Costs versus Precision in Providing Taxpayer Guidance

by John Michael Ekblad 12. October 2009 01:42
In the months preceding elections in the United States it is difficult to avoid statistical sampling, as polling projections are everywhere. Only a sample is used to make these projections because it would take too much time and be too expensive to determine how every voter will vote. [1] Statistical sampling has many others uses as well, including being used as evidence in a trial [2] or being used to estimate how much a taxpayer owes the government on their tax return. [3] As with elections, to determine the exact result for a tax return, every item in the population would need to be investigated. As a population gets larger, this gets more time consuming and more expensive, especially when the information is collected by experts, lawyers, and accountants. Furthermore, each additional item of the population collected will not result in a proportionate change in the precision of the estimate, because the precision of an estimate varies inversely with the square root of the sample size. [4] Tax deductions and credits may be difficult to calculate, but rather than render them worthless to taxpayers or get rid of them completely, statistical sampling should be encouraged when calculations would otherwise be too difficult to calculate. [More]

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Tax

The Skinny on Taxing Fatty Foods

by Henry Young 21. September 2009 08:29
I. Introduction

In case you have not read a newspaper, surfed the internet, or been outside your home recently, there is an obesity epidemic in the United States.[1] Search Google News for “’obesity epidemic’” and one will find about seven hundred stories in the last month.[2] Not to dwell on the prevalence of obesity, but according to the Centers for Disease Control and Prevention (CDC) in 2005-2006 “more than one-third of adults, or seventy-two million people [in the United States] were obese;” a number which had “doubled among adults from 1980 to 2004” and which has not decreased since.[3] [More]

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Tax

Honking and Swearing Never Work: An Examination of Urban Traffic Congestion Remedies

by Samuel Rosenberg 18. March 2009 04:27
For any urban dweller street congestion is a constant source of frustration and angst. While this pain has been universally felt amongst metropolitan areas, the handling of this problem has varied. Despite the recognition of the issue, American urban citizens lost 3.7 billion hours of time and wasted 2.3 billion gallons of fuel sitting in congested streets in 2003. [3] The approaches to alleviating congestion can be divided into two main schools of thought: 1) traditional, demand based responses, and 2) creative, alternative means of reducing congestion through innovation. This article will advocate and focus on the later by noting procedures that have been implemented with commercial vehicles, congestion pricing, and by discussing lessons for possible future policy implementation. [More]

Investing in China through a Hong Kong, SAR entity - Tax considerations for riding the next wave

by Maria Alejandra Maldonado-Adrian 1. March 2009 09:20

I. Introduction.

It is well known that the big movement of capital in the next decade is going to be to Eastern Asia, the People's Republic of China (PRC) and India being the two most preferred targets due to the size of their consumer martkets. This article will only focus on the PRC. As it will be further explained, although foreign capitals may be invested in the PRC directly, from a taxation view point it is recommendable to do so through a Hong Kong, SAR entity. Thus, the Hong Kong tax system is lower and simpler than the Chinese mainland's one, therefore, could be more beneficial for foreign investors. Hong Kong became a Special Administrative Region (SAR) of the PRC on July 1, 1997. It has a high degree of autonomy, except in the areas of defense and foreign policy, and retains its own currency, laws, and border controls. [More]

Grey Area Anatomy: Tax Exemptions for Nonprofit Hospitals

by Samuel Rosenberg 22. February 2009 08:34
I. Introduction

A key battle over America’s healthcare future is being fought in one of the most unlikeliest of places: Urbana, Illinois. Scheduled for argument in front of the Illinois Supreme Court in mid-2009, Provena Covenant Medical Center v. Department of Revenue is poised to set the bar regarding the tax exempt status of nonprofit hospitals.[1] Nonprofit hospitals, such as Provena, account for near sixty percent of the hospitals in the U.S., while the others are either for-profit or government-owned.[2] Oddly, these nonprofit hospitals are actually faring better than their for-profit counterparts. Seventy-seven percent of the 2033 U.S. nonprofit hospitals are “in the black”, while sixty-one percent of for-profit hospitals are profitable.[3] One of the reasons for such high success rates is the ability of non-profit hospitals to receive significant tax exemptions. The Congressional Budget Office reported in 2006 that nonprofit hospitals receive an estimated $12.6 billion in annual tax exemptions on top of the $32 billion in federal, state and local subsidies the hospital industry receives each year.[4] Given such figures, it is not surprising that many hospitals do not make up for the exemptions they receive with the charitable services they provide. This article delves into the federal income tax code applications for nonprofit hospitals and resulting litigation.

[More]

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Real Estate | Tax

Undocumented Taxation: More Illegal Immigrants Likely to File Returns

by Dan Janes 20. April 2007 04:02
The historic case of James v. United States held that illegal gains constitute income that must be reported, despite any legal obligation which might arise to make restitution. [1] However, a whole different tax question arises for collecting legally earned income from residents illegally in the country. While the issue may not be clear to the millions of immigrants illegally residing in the country, the issue is clear to the Internal Revenue Service. “Everybody is a citizen for tax purposes,” remarks one Baltimore tax-preparer. [2] [More]

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Tax

Anatomy of a Tax Protester

by Lucy Kalnes 16. March 2007 20:10
I. Introduction

To a certain extent, most everyone becomes a tax protestor of sorts come tax season. The goal in filling out one's tax return is to ensure that one receives every penny back that can possibly be justified -- not that one pays the appropriate amount of tax given one's circumstances. And yet, most of us do indeed pay. Among those that do not pay in full can be found at least two distinct categories of shirkers: the tax evader, and the tax protestor. The tax evader is content to freeride off of the compliance of the rest of society, choosing not to pay taxes but not without tacit reliance on a system that requires taxation. The tax protestor, on the other hand, eschews taxation as a matter of course, proclaiming his distaste for this or any system of taxation by not taking part therein. While the net effect for both the tax evader and the tax protester is the non-or-under-payment of tax, the tax protester feels doctrinally empowered where the tax evader just feels wily. This article is concerned with the tax protester, and will examine first three broad categories into which arguments for the non-payment of the federal income tax fall, and then it will discuss a few different methods through which the tax protester achieves his ends. [More]

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Tax

Will Congress Kill the “Death” Tax?

by Dan Janes 16. March 2007 06:29
Estate and gift taxes have been a thorn in the side of the affluent for ages, while serving as an efficient stream of revenue for the federal government. Gift and estate taxes are two different types of taxes. Gift taxes apply to lifetime transfers of assets, while assets transferred at death are subject to estate taxes. [1] The Federal estate tax is levied “on the transfer of the taxable estate of every decedent who is a citizen or resident of the United States.” [2] The current status of the estate tax is governed by the Federal Economic Growth and Tax Reconciliation Act of 2001 (“EGTRRA”). [3] Under EGTRRA, the estate tax has a ceiling of 45% of an individual’s estate in 2007 through 2009, a ceiling of 35% in 2009 and is fully repealed by 2011. [4] However, a sunset provision means that if Congress does not reenact the relevant provisions of EGTRRA, the estate tax would continue in 2011 at a maximum rate of 55%, which was the rate before EGTRRA. [5] Currently, only estates greater than $1.5 million are subject to the estate tax. [6] Because Congress has yet to reenact the specific EGTRRA provisions, the future of the estate tax remains murky. [More]

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Tax

IRS Study Confirms the Obvious

by Lucy Kalnes 12. March 2007 20:04
I. Introduction

Tax exempt organizations, by design, do not have to answer to shareholders. The executives of these organizations do not feel the same pressures as do executives of taxable, for-profit organizations to run the entities in the most streamlined shareholder-interest-maximizing manner. Instead, the taxpaying public (who arguably subsidizes the activities of the tax-exempt sector) relies on detailed government regulation, the vast majority of which is found in the Internal Revenue Code, to ensure that the tax exempt arena neither becomes a black hole for this country's resources nor a playground for the very wealthy. As part of this monitoring charge, the IRS recently completed a three-year investigation into the compensation of executives of tax-exempt corporations.[1] This article discusses the objectives and methodology of this investigation, its findings and its minimal impact. [More]

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Tax

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