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Regulation, Taxation, and Litigation

Regulation, Taxation, and Litigation PDF Author: W. Kip Viscusi
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

Book Description
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.

Regulation, Taxation, and Litigation

Regulation, Taxation, and Litigation PDF Author: W. Kip Viscusi
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

Book Description
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.

Introduction to Business

Introduction to Business PDF Author: Lawrence J. Gitman
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 1455

Book Description
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. This is an adaptation of Introduction to Business by OpenStax. You can access the textbook as pdf for free at openstax.org. Minor editorial changes were made to ensure a better ebook reading experience. Textbook content produced by OpenStax is licensed under a Creative Commons Attribution 4.0 International License.

Federal Tax Litigation

Federal Tax Litigation PDF Author: Marvin Joseph Garbis
Publisher:
ISBN:
Category : Tax protests and appeals
Languages : en
Pages : 708

Book Description
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.

Proportionality and Fair Taxation

Proportionality and Fair Taxation PDF Author: João Dácio Rolim
Publisher: Kluwer Law International
ISBN: 9789041158383
Category : EU-skattepolitik
Languages : en
Pages : 0

Book Description
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

Litigating a Case in Tax Court

Litigating a Case in Tax Court PDF Author: Sean M. Akins
Publisher: American Bar Association Tax Section
ISBN: 9781639050123
Category : Law
Languages : en
Pages : 0

Book Description
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.

Dealing with the Fragmented International Legal Environment

Dealing with the Fragmented International Legal Environment PDF Author: Turki Althunayan
Publisher: Springer Science & Business Media
ISBN: 3642046789
Category : Law
Languages : en
Pages : 263

Book Description
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.

Regulation Versus Litigation

Regulation Versus Litigation PDF Author: Daniel P. Kessler
Publisher: University of Chicago Press
ISBN: 0226432181
Category : Business & Economics
Languages : en
Pages : 344

Book Description
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.

GLOBAL LEGAL INSIGHTS

GLOBAL LEGAL INSIGHTS PDF Author:
Publisher:
ISBN: 9781839181320
Category :
Languages : en
Pages : 0

Book Description


The Fight Over 'Fighting Regs' and Judicial Deference in Tax Litigation

The Fight Over 'Fighting Regs' and Judicial Deference in Tax Litigation PDF Author: Leandra Lederman
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

Book Description
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.

State and Local Tax Law Explained: Navigating Legal Issues in Taxation

State and Local Tax Law Explained: Navigating Legal Issues in Taxation PDF Author: Quinten J. Tenley
Publisher: Book Lovers HQ
ISBN:
Category : Business & Economics
Languages : en
Pages : 192

Book Description
State and local tax law is an essential yet often misunderstood aspect of taxation, impacting individuals, businesses, and governments. State and Local Tax Law Explained: Navigating Legal Issues in Taxation offers a comprehensive and clear exploration of the principles, regulations, and legal challenges that define this crucial field. Whether you're a taxpayer seeking to understand your obligations, a business owner navigating complex tax laws, or a legal professional dealing with tax disputes, this book provides the necessary knowledge and insights, ensuring you're fully informed and knowledgeable about state and local tax law. This book delves into the nuances of state and local taxation, focusing on key issues such as income, sales, and property taxes. It also examines the evolving landscape of tax law, including the implications of landmark court rulings and emerging trends like the digital economy and multistate taxation, ensuring you're up-to-date with the latest developments in tax law. Written to make complex legal concepts accessible, this book guides you through the intricate legal frameworks that shape state and local tax law. It not only provides a practical understanding of managing compliance and resolving disputes but also empowers you to anticipate and prepare for future legal developments, ensuring you're always one step ahead. What you will find in this book: In-depth analysis of state and local income tax laws Detailed explanation of sales and use tax regulations Comprehensive overview of property tax assessment and appeals Legal strategies for handling tax disputes and litigation Insights into excise taxes and special tax regulations Exploration of emerging legal issues like digital taxation and remote sales Practical advice for tax compliance and enforcement This essential guide unlocks the complexities of state and local taxation, ensuring you're prepared for the legal challenges and opportunities ahead.