Regulation Taxation And Litigation
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Author | : W. Kip Viscusi |
Publisher | : |
Total Pages | : 0 |
Release | : 2012 |
Genre | : |
ISBN | : |
Download Regulation, Taxation, and Litigation Book in PDF, Epub and Kindle
Policy tools that potentially foster efficient levels of health and safety are regulation, litigation, and taxation. Most U.S. regulatory agencies set standards that are more stringent than the efficient level of safety. As a result, there is strong justification for a regulatory compliance defense when companies are in compliance with specific regulations. Given the recent U.S. Supreme Court ruling in Wyeth v. Levine, legislation would be needed to establish a meaningful defense. Tort litigation on behalf of government entities may lead to settlements that do not involve conventional damages payments but rather impose both regulation and taxation. The Master Settlement Agreement for the cigarette litigation included regulatory components that had potentially anti-competitive effects. It also imposed an excise tax equivalent of 40 cents per pack that is prospective and will affect all firms, including those that have exhibited no wrongful conduct. New entrants and smokers were excluded from the negotiations, which generated disproportionate financial benefits to some states. The use of litigation to impose regulations and taxation should be discouraged.
Author | : João Dácio Rolim |
Publisher | : Kluwer Law International |
Total Pages | : 0 |
Release | : 2014 |
Genre | : EU-skattepolitik |
ISBN | : 9789041158383 |
Download Proportionality and Fair Taxation Book in PDF, Epub and Kindle
This in-depth coverage recognizes that tax law does not exist in isolation and reveals how tax law frequently overlaps with competition law, administrative law, environmental law, and constitutional law, and how principles from these areas of practice can affect the adjudication of tax cases. Proportionality and Fair Taxation is an important guide for all involved in tax law. Tax lawyers will find valuable insights that will help with both litigation and counselling whilst practitioners, academics, and policymakers will appreciate how the book reveals the extent to which an informed awareness of proportionality coupled with reasonableness is essential for the fair, consistent, and effective application of tax rules or measures. Order Proportionality and Fair Taxation by Joao Dacio Rolim for an in-depth discussion and practical guidance on the fundamental role of proportionality in tax matters
Author | : Lawrence J. Gitman |
Publisher | : |
Total Pages | : 732 |
Release | : 2018 |
Genre | : Business |
ISBN | : 9781947172555 |
Download Introduction to Business Book in PDF, Epub and Kindle
Introduction to Business covers the scope and sequence of most introductory business courses. The book provides detailed explanations in the context of core themes such as customer satisfaction, ethics, entrepreneurship, global business, and managing change. Introduction to Business includes hundreds of current business examples from a range of industries and geographic locations, which feature a variety of individuals. The outcome is a balanced approach to the theory and application of business concepts, with attention to the knowledge and skills necessary for student success in this course and beyond.
Author | : Marvin Joseph Garbis |
Publisher | : |
Total Pages | : 708 |
Release | : 1991 |
Genre | : Tax protests and appeals |
ISBN | : |
Download Federal Tax Litigation Book in PDF, Epub and Kindle
This volume provides forms and detailed explanations to guide the practitioner in drafting pleadings and commonly encountered motions in Tax Court cases and tax refund suits. Procedural rules and decisions in tax refund litigation in all forums are cited and explained in the work.
Author | : Turki Althunayan |
Publisher | : Springer Science & Business Media |
Total Pages | : 263 |
Release | : 2009-12-02 |
Genre | : Law |
ISBN | : 3642046789 |
Download Dealing with the Fragmented International Legal Environment Book in PDF, Epub and Kindle
Taxes are sometimes so fundamental to domestic systems that they are almost impossible to change, as when the tax system is part of a nation's majority religion or is linked to another value deeply rooted in local communities, such as housing or farming. There is a danger in the WTO, a Geneva-based entity, making decisions for people living in distant locations with regard to tax issues related to their local needs and wants. The Saudi Arabian tax system exemplifies the tension between religion, tax and trade, because tax has a role in the country's religion and is an essential part of its laws. Therefore, there is a need for maintaining a delicate balance between local needs and international commitments with respect to taxation. This book aims to show directions in which legal order can be preserved as much as possible from within each country, and yet not imposed upon them, and which will help build a peaceful bridge between local and international factors that are important to shaping the global order.
Author | : Sean M. Akins |
Publisher | : American Bar Association Tax Section |
Total Pages | : 0 |
Release | : 2021 |
Genre | : Law |
ISBN | : 9781639050123 |
Download Litigating a Case in Tax Court Book in PDF, Epub and Kindle
Designed to cover every aspect of a United States Tax Court case from start to finish, Litigating a Case in Tax Court provides detailed guidance and tips on the Tax Court process in an easy-to-read and easy-to-use paper format with an online portal for accessing many sample documents that practitioners can use.
Author | : Leandra Lederman |
Publisher | : |
Total Pages | : 0 |
Release | : 2013 |
Genre | : |
ISBN | : |
Download The Fight Over 'Fighting Regs' and Judicial Deference in Tax Litigation Book in PDF, Epub and Kindle
The question of how much deference courts should accord agency interpretations of statutes is a high-profile and important issue that affects both rulemaking and case outcomes. What level of deference should courts accord an agency regulation or other rule that an agency has issued opportunistically, during the course of related litigation? This important question has arisen in numerous cases, including the 2011 U.S. Supreme Court decision in Mayo Foundation for Medical Education and Research v. United States, a case involving a Treasury regulation. To answer the question, the Article analyzes the law on judicial deference to tax authorities generally, as well as specific to the context of pending litigation. It concludes that deference under the famous case of Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. applies to all Treasury regulations issued in accordance with the requirements of the Administrative Procedure Act. It further argues that Revenue Rulings - formal guidance issued by the Internal Revenue Service - should receive deference under Skidmore v. Swift & Co. Following an analysis of the literature and applicable case law, the Article proposes that rulings issued during the controversy receive the applicable level of deference (Chevron or Skidmore), but that the deference inquiry take into account the retroactivity and surprise issues raised by the timing of the agency's guidance.
Author | : Daniel P. Kessler |
Publisher | : University of Chicago Press |
Total Pages | : 344 |
Release | : 2011-02 |
Genre | : Business & Economics |
ISBN | : 0226432181 |
Download Regulation Versus Litigation Book in PDF, Epub and Kindle
The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
Download Model Rules of Professional Conduct Book in PDF, Epub and Kindle
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : Susan A. Berson |
Publisher | : Law Journal Press |
Total Pages | : 1110 |
Release | : 2001 |
Genre | : Law |
ISBN | : 9781588521019 |
Download Federal Tax Litigation Book in PDF, Epub and Kindle
This law book offers an insider's perspective on both the legal issues and practical considerations involved in handling a federal tax controversy.