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bookcovertaxkratzkeBasic Income Tax 2013

William Kratzke

Professor of Law

The University of Memphis


CALI eLangdell Press 2013

About the Author


Professor William Kratzke is a Cecil C. Humphreys Professor of Law at the University of Memphis. He received his B.A. in Political Science and the Far Eastern & Russian Institute from the University of Washington in 1971. This naturally caused him to be interested in attending law school. He received his J.D. from Valparaiso University in 1974 and was a member of the Valparaiso University Law Review’s editorial board. He received his LL.M. from Georgetown University in 1977.

Professor William Kratzke teaches tax law courses at the University of Memphis. He has been a faculty member there since 1979. He has taught courses across the curriculum. In addition to tax courses, he has taught trademarks, torts, civil procedure, world trade law, economic analysis, and other courses. He visited Santa Clara University and the University of Mississippi. He received Fulbright Teaching Awards in 1997 (Moldova) and 2001-2002 (Russia).

Professor Kratzke has written in the areas of tax law, trademark law, tort law, and antitrust law.Notices

This is the first version of the first edition of this casebook, updated May 29, 2013. Visit http://elangdell.cali.org/ for the latest version and for revision history.



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The author wishes to express thanks to his research assistants, Magdalene Smith and
Jay Clifton.

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Preface


This book is a basic income tax text. I intend this text to be suitable for a three-hour course for a class comprised of law students with widely different backgrounds.

Certain principles permeate all of tax law. I have found that certain axioms or principles will carry us a long way. For example, income is taxed once – or treated as if it has been taxed. Once it has been taxed, its investment gives the taxpayer basis – which I define not as cost but as money that will not be subject to tax again. Etc. The text returns to these principles throughout. I usually put these matters in text boxes.

At a minimum, I want students who have completed basic income tax to know these principles and to be able to apply them, i.e., to develop some “tax intuition.” This intuition will serve well the student who wishes to take more tax classes. I tried to identify what I want students to know before enrolling in corporate tax or partnership tax – and to make certain that I covered these principles in the basic course. Such intuition will also serve well the student for whom the basic course is a “one and done” experience. Like it or not, tax law affects most legal topics, and such intuition should at least give students working in other areas of the law an idea of when it is time to ask questions concerning lurking tax issues.

In some areas, I have relied heavily on the CALI drills by Professor James Edward Maule (Villanova University). These drills both review and, in some instances, teach a little substance. Each zeroes in on a specific topic and should take a student about twenty minutes to complete if she has adequately prepared to do the drill. Of course, students can work through such drills at their own speed.

I have tried to make this text very readable – so that students can easily understand. I have aimed at law students who “know” they have no interest in income tax – but who may find that they in fact have a considerable interest in tax law. With my political science background, I was such a student. I am proof that one does not have to have an accounting background to find income tax law both important and interesting. Additionally, Magdalene Smith and Jay Clifton III were two such students; they assisted me greatly in making this text as accessible as possible to all law students. I thank them now for their work.

WPK


Memphis, Tennessee, July 2013

Table of Contents




About the Author 4

About CALI eLangdell Press 6

Preface 7

Chapter 1: The Government Raises Money: Introduction to Some Basic Concepts of Taxes and Taxing Income 9

I. Introduction to Some Basic Concepts 9

II. Taxing Income 13

III. Some Definitions 14

V. Layout of the Code 19

VI. Illustration of the Tax Formula: 20

VII. Sources of Tax Law and the Role of Courts 23

VIII. Some Income Tax Policy and Some Income Tax Principles 24

IX. What Is Income? 25

Wrap-up Questions for Chapter 1 33



Chapter 2: What Is Gross Income: Section 61 and the Sixteenth Amendment 33

I. The Constitutional and Statutory Definitions of “Gross Income” 34

II. The Constitutional and Statutory Definitions of “Gross Income:” Accessions to Wealth 60

III. The Constitutional and Statutory Definitions of “Gross Income:” Realization 92

IV. The Constitutional and Statutory Definitions of “Gross Income:”
Dominion and Control 103

Wrap-up Questions for Chapter 2: 108



Chapter 3: Exclusions from Gross Income 109

I. The Society and Government that We Want 113

II. Social Benefits 137

III. Employment-Based Exclusions from Gross Income 149

Wrap-up Questions for Chapter 3: 169

Chapter 4: Loans and Cancellation of Indebtedness 169

II. Cancellation of Indebtedness 170

III. Is It a Loan? Is There an Accession to Wealth? 176

IV. Section 108(a)'s Other Provisions 203

V. Transactions Involving Property Subject to a Loan 207

VI. Transactions Treated as Loans 242

Wrap-up Questions for Chapter 4 245

Chapter 5: Assignment of Income 246

I. Compensation for Services 293

II. Income Splitting and the Joint Return 300

III. Income Derived from Property 304

IV. Interest Free Loans and Unstated Interest 316

Wrap-Up Questions for Chapter 5 317



Chapter 6: Deductions: Business Expenses 319

I. Expense or Capital 321

II. Deductibility Under §§ 162 or 212 363

III. Depreciation, Amortization, and Cost Recovery 429

Wrap-Up Questions for Chapter 6 443

Chapter 7: Personal Deductions 443

I. “Tax Expenditures” 466

II. Denial of Discretion in Choosing How or What to Consume 479

III. Creating a More Efficient and Productive Economy 487

Wrap-Up Questions for Chapter 7 491

Chapter 8: Tax Consequences of Divorce and Intra-Family Transactions 492

I. Introduction 492

II. Before Marriage 493

III. During Marriage 497

IV. After Marriage: Tax Consequences of Divorce 503

Wrap-Up Questions for Chapter 8 520



Chapter 9: Timing of Income and Deductions: Annual Accounting and Accounting Principles 521

I. Annual Accounting 521

II. Deferral Mechanisms 532

III. Basic Accounting Rules 538

Wrap-Up Questions for Chapter 9: 556

Chapter 10: Character of Income and Computation of Tax 557

I. Capital Gain 559

II. Sections 1245 and 1250: Depreciation Recapture 567

III. Section 1231: Some Limited Mismatching 570

IV. Some Basis Transfer Transactions: §§ 1031, 1033 572

V. More Matching 573

Wrap-Up Questions for Chapter 10 577




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