Abstract

http://ssrn.com/abstract=1517447
 
 

Footnotes (25)



 


 



Close the Yield Exemption Loophole Created by Childs


Gregg D. Polsky


University of North Carolina (UNC) at Chapel Hill - School of Law

Brant J. Hellwig


University of South Carolina - School of Law

June 1, 2009

Tax Notes, Vol. 123, No. 9, pp. 1141-1145, June 1, 2009
The Shelf Project

Abstract:     
The proposal would reverse the holding of Childs v. Commissioner, 103 T.C. 634 (1994), and clarify that a contractual payment obligation received by a service provider is subject to immediate taxation under section 83 if the obligor is a person other than the recipient of the service provider’s services. As a result, the proposal would ensure the appropriate taxation of investment income in structured payment arrangements. The proposal is based on a more comprehensive article by the authors, forthcoming in volume 51 of the Boston College Law Review, titled ‘‘Taxing Structured Settlements,’’ a draft of which is available at http://ssrn.com/abstract=1403248.

The proposal is made as a part of the Shelf Project, a collaboration by tax professionals to develop and perfect proposals to help Congress when it needs to raise revenue. Shelf Project proposals are intended to raise revenue without raising tax rates, because the best systems have taxes that are unavoidable to reach the lowest feasible tax rates. Shelf Project proposals defend the tax base and improve the rationality and efficiency of the tax system. Given the calls for economic stimulus, some proposals may stay on the shelf for a while. A longer description of the Shelf Project is found at ‘‘The Shelf Project: Revenue-Raising Proposals That Defend the Tax Base,’’ Tax Notes, Dec. 10, 2007, p. 1077, Doc 2007-22632, or 2007 TNT 238-37.

Shelf Project proposals follow the format of a congressional tax committee report in explaining current law, what is wrong with it, and how to fix it.

Number of Pages in PDF File: 6

Keywords: contractual obligation payment, Section 83

JEL Classification: H20

Accepted Paper Series





Download This Paper

Date posted: December 3, 2009  

Suggested Citation

Polsky, Gregg D. and Hellwig, Brant J., Close the Yield Exemption Loophole Created by Childs (June 1, 2009). Tax Notes, Vol. 123, No. 9, pp. 1141-1145, June 1, 2009; The Shelf Project. Available at SSRN: http://ssrn.com/abstract=1517447

Contact Information

Gregg D. Polsky (Contact Author)
University of North Carolina (UNC) at Chapel Hill - School of Law ( email )
Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States
Brant J. Hellwig
University of South Carolina - School of Law ( email )
Main & Greene Streets
Columbia, SC 29208
United States
Feedback to SSRN


Paper statistics
Abstract Views: 899
Downloads: 27
Footnotes:  25

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.313 seconds