Nations rely on taxes to fund their activities and services. Because each nation’s tax revenue is predominantly generated from domestic sources, the right to tax is clearly of domestic origin. However, the current state of trade relations involves multinational and foreign corporations, as...

In this report, Narotzki argues that corporate inversions are not as harmful as they are portrayed to be and that the government efforts may be better spent by allowing inversions or reforming the tax code to encourage businesses to remain domiciled in the United States

Code Section 304 requires the reclassification of stock sales between affiliated corporations as dividends. However, for many years, Code Section 304 has not fulfilled the original “anti-avoidance” tax policy that was behind its legislation. This article aims to provide an updated analysis...

With increased technology and access to information, corporations have evolved in order to reflect the concept of corporate social responsibility (CSR) in their global business strategies. Some companies, such as Starbucks Corporation, have taken this concept a step further and chose to...

For decades now, corporate inversions have been the topic of an ongoing debate between legislators, practitioners, and academics. Since the first inversion in 1982, while often arguing on the right methods, policy, and ways, Congress, the U.S. Department of the Treasury (“Treasury”), and...

In this article, McCoskey and Narotzki explain why the basis rules under section 358 require tweaking when, in exchange for stock, a transferor of property also receives an installment note with excess basis

Affiliated corporations can elect to file a consolidated tax return, thereby using the losses from some members to offset the income of other members. To prevent this strategy from being used by multinational entities, the Dual Consolidated Loss rules prohibit the use of a loss in the United...

This paper explores the overlap between Code Section 351 and Code Section 368(a)(1)(B) when there is a transfer of stock in one corporation for stock in another corporation, detailing the distinction between the two in basis calculations. If Section 351 is deemed to be controlling, the basis in...

This paper addresses a fundamental issue underlying the international tax system in the 21st century: the use of citizenship as a jurisdictional basis for imposing income tax liability. As a general matter, the United States is the only developed country that allegedly taxes its citizens living...