Most Recent Issue

The 100th Anniversary of the Revenue Act of 1913: Marking a Century of Income Tax Law in the United States

Introducing October 3, 1913 by Ann Thomas

On the evening of October 3, 1913 at 9:10 pm, President Woodrow Wilson signed H.R. 3321 into law, setting in motion a profound change in the fiscal and political history of the United States. The following morning, The New York Times headline read: “Wilson Signs New Tariff Law.”…Read more

Net Operating Losses and Mistakes in Closed Tax Years by James R. Gadwood

Mistakes happen. Often they are not discovered until years later when a fresh set of eyes chances upon them. And by that time remedial action may be too late. This is as true in the world of tax as it is elsewhere…Read more

Change and Continuity in Fringe Benefit Taxation: Seeking Sense and Sensibility by Richard L. Kaplan and Dawson J. Price

One of the most central issues in the income taxation of individuals is the treatment of so-called “fringe benefits.” This loosely defined phrase includes everything from employer-provided health insurance to discounts on an employer’s products to retirement planning services funded by one’s present employer…Read more

Who Invented the Single Tax Principle?: An Essay on the History of U.S. Treaty Policy by Reuven S. Avi-Yonah

In 1997, I wrote an article on the international tax challenges posed by the then-nascent electronic commerce, in which I suggested that the international tax regime is based on two principles: the benefits principle and the single tax principle. The benefits principle states that active (business) income should be taxed primarily by the country of source, and passive (investment) income should be taxed primarily by the country of residence…Read more

Reporting Loss Transactions: Too Much of a Good Thing by Megan L. Brackney

In 2004, Congress enacted the American Jobs Creation Act of 2004 (“Jobs Act”) to address abusive tax avoidance transactions that “threaten[ed] our tax system’s integrity and fairness.” Congress was motivated to enact this legislation based on reports by the Internal Revenue Service (IRS) revealing that over approximately a decade, several hundred thousand participants were likely engaged in abusive tax avoidance schemes, totaling approximately tens of billions of dollars of tax losses…Read more

The Need for Tax Reform: Schedule K-1 Document Matching Program and Effective Revenue Collection by Valeriya Avdeev

With the federal code, in addition to its regulations—running approximately 70,000 pages long—our tax code is one of the most complex tax codes that exists today.  The Internal Revenue Code (IRC) alone is 16,000 pages.  However, non-compliance has been a major issue, especially in recent years…Read more

Taxes, the Problem and Solution: A Model for Vanishing Deductions and Exclusions for Residence-Based Tax Preferences by Phyllis C. Taite

The Revenue Act of 1913 recently marked its 100-year anniversary. It is difficult to discern why certain policy issues remain unresolved after a century of tax policy. Scholars have called for more progressivity in the tax code, yet there has been little reform…Read more

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Law Review Diversity Report

In 2011, 2012 and 2013, the New York Law School Law Review published its law review diversity reports examining female and minority student representation among law review membership and leadership nationwide. The reports are based on research conducted in collaboration with Ms. JD and include results based on surveys of the flagship, general interest law review or journal at ABA-approved law schools. More information is available here.