Tax Controversies

This volume presents a new approach to today’s tax controversies, reflecting that debates about taxation often turn on the differing worldviews of the debate participants. For instance, a central tension in academic tax literature - which is filtering into everyday discussions of tax law - exists between 'mainstream' and 'critical' tax theorists. This tension results from a clash of perspectives: Is taxation primarily a matter of social science or of social justice? Should tax policy debates be grounded in economics or in critical race, feminist, queer, and other outsider perspectives? To capture and interrogate what often seems like a chasm between the different sides of tax debates, this collection comprises a series of pairs of essays. Each pair approaches a single area of controversy from two different perspectives - with one essay usually taking a 'mainstream' perspective and the other a 'critical' perspective. In writing their contributions, the authors read and incorporated reactions to each other’s essays and paid specific attention to the influence of perspective on both the area of controversy and their contribution to the debate. With contributions from leading mainstream and critical tax scholars, this volume takes the first step toward bridging the gap between these differing perspectives on tax law and policy.

To access the 2015-16 Supplement to this text, click here. To access the 2016 Letter Update to the Supplement, click here. This casebook teaches the mechanics of tax procedure, while stimulating students to think about the broader issues that underlie its structural framework. This edition of Tax Controversies: Practice and Procedure begins with an overview of civil tax procedure and an in-depth discussion of the federal tax gap and the many approaches to closing it. Several of the next chapters focus on stages in the chronology of a typical tax controversy, from examination through eventual litigation. In addition, two chapters focus on tax research and representing tax clients and a new chapter addresses ethics issues in tax cases. An underlying theme - the extent to which the current procedural rules encourage or discourage voluntary compliance with the federal tax system--runs throughout the book. Suitable for J.D. or LL.M. students, or for use in a tax clinic. This edition contains new chapters on summons enforcement, the U.S. Tax Court, the collection due process procedures, "innocent spouse" relief, and ethics issues. Each casebook chapter includes theory questions and a set of fact-based problems to encourage strategic thinking. Several chapters include optional drafting problems. Teacher's Manual provides detailed answers to the problem sets, suggests approaches to the material, and highlights topics more suitable for an advanced course. Separate Documents Volume, Tax Controversies: Statutes, Regulations, and Other Materials, is also available.

"At the heart of many tax controversy matters are unique valuation issues, which this book addresses. Filling the apparent gap in the existing collection of valuation and corporate finance textbooks, this is the first book which systematically goes beyond total business value assessment and addresses the practical issues regarding total asset value allocation which have huge tax, duty and commercial consequences. The conceptual frameworks developed in this book, despite their focus on capital intensive businesses employing specialised fixed assets, can also provide guidance for value assessment and apportionment in different types of businesses or in different tax contexts. Many of the issues raised in this book are at the cutting edge of valuation thinking. They reflect the evolving nature of the valuation body of knowledge and the need for valuers to continuously re-evaluate the existing body of knowledge, particularly in the face of diverse practical circumstances, and apply the broadened or updated knowledge to re-assess and improve existing valuation practices."-- Wolters Kluwer CCH Website.

With the U.S. Justice Department taking an ever-closer look at cross-border transactions and their tax implications, this title provides a detailed roadmap to how to prepare for a tax audit that involves an international component.

KEY FEATURES & INCLUSIONS: Providing fresh insights into topical and controversial total asset value allocation issues and other tax-related valuation issues, which are directly relevant to both current and future tax revenue matters and litigations, this title is purposed as: - A reference book for tax, legal practitioners (and their clients), tax revenue authorities particularly those working on tax revenue matters or litigations. - A reference guide for business and property valuers which are engaged for tax controversy assignments. - An applied valuation course textbook for finance students. - A textbook in advanced courses for accounting and law students, covering the important topics of goodwill from an inter-disciplinary perspective.