TAX LAW: PRACTITIONER SERIES ABSTRACTS

"Portability of Exemptions" Free Download
Tax Notes, Vol. 119, No. 5, 2008

WENDY C. GERZOG, University of Baltimore - School of Law
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Portability of estate tax exemptions has been called the best estate tax planning idea for a surviving spouse since the unlimited marital deduction in 1981. This article explains portability, including the recent Senate testimony urging its adoption.

"New York's 'Convenience of the Employer' Rule is Unconstitutional" Free Download
Cardozo Legal Studies Research Paper No. 233
State Tax Notes, Vol. 48, No. 7, May 19, 2008

EDWARD A. ZELINSKY, Benjamin N. Cardozo School of Law
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This Article argues that New York's convenience of the employer doctrine is unconstitutional as a matter of law and ill-advised as a matter of tax policy.

For Commerce Clauses purposes, interstate travel is a form of interstate commerce. In using the concept of employer convenience to tax a nonresident employee for days the employee works at his out-of-state home, New York levies unapportioned income taxation in violation of the dormant Commerce Clause. In Due Process terms, the extraterritorial taxation caused by the employer convenience doctrine unconstitutionally projects New York's taxing authority beyond New York's borders to tax income earned in the employee's state of residence.

Moreover, New York's employer convenience rule is misguided as a matter of tax policy as the rule drives jobs, firms, and taxpayers from New York.

"Property Tax Incidence and the Mix of State and Local Finance of Local Expenditures" 
State Tax Notes, Vol. 48, No. 7, May 19, 2008

GEORGE ZODROW, Rice University - Department of Economics
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George R. Zodrow of Rice University considers whether it is desirable to replace local property taxes with state revenue.

"The Politics of State Taxation: Anything But Real Taxes in California" 
State Tax Notes, Vol. 48, No. 7, May 19, 2008

DAVID BRUNORI, Tax Analysts
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The author criticizes California policymakers for not considering significant tax increases to prevent a budget shortfall.

"A Guide to U.S. Withholding on Non-U.S. Vendor Payments" 
Tax Notes, Vol. 119, No. 7, May 19, 2008

FRED BOUSQUET, Affiliation Unknown

Fred Bousquet focuses on nonresident alien withholding rules for payment to non-U.S. vendors.

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Advisory Board

Tax Law: Practitioner Series

C. DAVID ANDERSON
Partner, Loeb & Loeb - Los Angeles Office

MARY LOUISE FELLOWS
Everett Fraser Professor of Law, University of Minnesota School of Law

BARBARA H. FRIED
William W. and Gertrude H. Saunders Professor of Law, Stanford Law School

DANIEL I. HALPERIN
Stanley S. Surrey Professor of Law, Harvard Law School

DAVID P. HARITON
Partner, Sullivan & Cromwell

WILLIAM A. KLEIN
University of California, Los Angeles - School of Law

DEBORAH SCHENK
Marilynn and Ronald Grossman Professor of Taxation, New York University School of Law

REED SHULDINER
Professor of Law, University of Pennsylvania Law School

JEFF STRNAD
Stanford Law School