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 Collection: Congressional Research Service Reports
Federal Estate, Gift, and Generation-Skipping Taxes: A Description of Current Law

Federal Estate, Gift, and Generation-Skipping Taxes: A Description of Current Law

Date: January 19, 2007
Creator: Luckey, John R.
Description: This report contains an explanation of the major provisions of the federal estate, gift, and generation-skipping transfer taxes. The discussion divides the federal estate tax into three components: the gross estate, deductions from the gross estate, and computation of the tax, including allowable tax credits. The federal estate tax is computed through a series of adjustments and modifications of a tax base known as the "gross estate." Certain allowable deductions reduce the gross estate to the "taxable estate," to which is then added the total of all lifetime taxable gifts made by the decedent. The tax rates are applied and, after reduction for certain allowable credits, the amount of tax owed by the estate is reached.
Contributing Partner: UNT Libraries Government Documents Department
A History of Federal Estate, Gift, and Generation-Skipping Taxes

A History of Federal Estate, Gift, and Generation-Skipping Taxes

Date: January 3, 2008
Creator: Luckey, John R.
Description: Three primary categories of legislation pertaining to transfer taxes have been introduced in the 110th Congress. As noted above, the repeal of the estate and generation-skipping taxes is not permanent. One category would make the repeal permanent. (See, H.R. 411 and H.R. 2380). Another category would accelerate the repeal of these transfer taxes. (See, H.R. 25, H.R. 1040, H.R. 1586, H.R. 4042, S. 1025, S. 1040, and S. 1081). The third would reinstate these taxes at lower rates and/or in a manner more considerate of family-owned business. (See, H.R. 1928, H.R. 3170, H.R. 3475, H.R. 4172, H.R. 4235, H.R. 4242, and S. 1994). In this report, the history of the federal transfer taxes has been divided into four parts: (1) the federal death and gift taxes used between 1789 and 1915; (2) the development, from 1916 through 1975, of the modern estate and gift taxes; (3) the creation and refinement of a unified estate and gift tax system, supplemented by a generation-skipping transfer tax; and (4) the phaseout and repeal of the estate and generation-skipping taxes, with the gift tax being retained as a device to protect the integrity of the income tax.
Contributing Partner: UNT Libraries Government Documents Department
501(c)(4)s and the Gift Tax: Legal Analysis

501(c)(4)s and the Gift Tax: Legal Analysis

Date: August 10, 2012
Creator: Luckey, John R. & Lunder, Erika K.
Description: This report discusses whether substantial donations to tax-exempt 501(c)(4) organizations are subject to the federal gift tax.
Contributing Partner: UNT Libraries Government Documents Department
Application Process for Seeking 501(c)(3) Tax-Exempt Status

Application Process for Seeking 501(c)(3) Tax-Exempt Status

Date: January 7, 2005
Creator: Lunder, Erika
Description: Charities and other entities seeking tax-exempt status as 501(c)(3) organizations generally must apply to the Internal Revenue Service. This report provides an overview of the application process.
Contributing Partner: UNT Libraries Government Documents Department
Coal Excise Tax Refunds: United States v. Clintwood Elkhorn Mining Co.

Coal Excise Tax Refunds: United States v. Clintwood Elkhorn Mining Co.

Date: May 16, 2008
Creator: Lunder, Erika
Description: In 1998, a U.S. district court held that the imposition of the coal excise tax, or black lung excise tax, on coal destined for export was unconstitutional. The process of refunding the tax has been controversial. This is because some coal producers and exporters have attempted to bypass the limitations in the Internal Revenue Code's refund scheme for bringing suit under the Export Clause in the Court of Federal Claims, seeking damages from the United States in the amount of coal excise taxes paid. The Federal Circuit Court of Appeals held the court had jurisdiction under the Tucker Act to hear the suits and allowed them as an alternative to the Code's refund process. However, in a 2008 decision, United States v. Clintwood Elkhorn Mining Co., the Supreme Court unanimously held that taxpayers must comply with the Code's administrative refund process before bringing suit. Meanwhile, H.R. 1762 and S. 373 would provide an alternative method for taxpayers to receive coal excise tax refunds.
Contributing Partner: UNT Libraries Government Documents Department
Disaster Tax Relief for the Midwest

Disaster Tax Relief for the Midwest

Date: August 20, 2008
Creator: Lunder, Erika
Description: The Midwestern Disaster Tax Relief Act of 2008 is intended to assist with the recovery from the severe weather that affected the Midwest during the summer of 2008. The Jobs, Energy, Families, and Disaster Relief Act of 2008 includes some similar provisions, but these are not limited to the Midwest disaster. The disaster relief in the three bills is similar to that provided to assist with the recovery from the 2005 hurricanes and the 2007 Kansas tornadoes. This report broadly discusses the disaster relief provisions in other relevant legislation.
Contributing Partner: UNT Libraries Government Documents Department
H.R. 3768: the Katrina Emergency Tax Relief Act of 2005

H.R. 3768: the Katrina Emergency Tax Relief Act of 2005

Date: September 19, 2005
Creator: Lunder, Erika
Description: This report compares the provisions in H.R. 3768, the Katrina Emergency Tax Relief Act of 2005, as passed by the House with those in the amended version of the bill that was passed by the Senate.
Contributing Partner: UNT Libraries Government Documents Department
Hurricane Katrina: The Response by the Internal Revenue Service

Hurricane Katrina: The Response by the Internal Revenue Service

Date: September 14, 2005
Creator: Lunder, Erika
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Political Organizations Under Section 527 of the Internal Revenue Code

Political Organizations Under Section 527 of the Internal Revenue Code

Date: January 23, 2004
Creator: Lunder, Erika
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Political Organizations Under Section 527 of the Internal Revenue Code

Political Organizations Under Section 527 of the Internal Revenue Code

Date: January 11, 2005
Creator: Lunder, Erika
Description: None
Contributing Partner: UNT Libraries Government Documents Department
State Investment Tax Credits, the Commerce Clause, and Cuno v. DaimlerChrysler

State Investment Tax Credits, the Commerce Clause, and Cuno v. DaimlerChrysler

Date: July 1, 2005
Creator: Lunder, Erika
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Summary of Joint Committee on Taxation's Staff Proposals Relating to Charitable Contributions

Summary of Joint Committee on Taxation's Staff Proposals Relating to Charitable Contributions

Date: July 29, 2005
Creator: Lunder, Erika
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Tax-Exempt Organizations: Political Activity Restrictions and Disclosure Requirements

Tax-Exempt Organizations: Political Activity Restrictions and Disclosure Requirements

Date: April 20, 2006
Creator: Lunder, Erika
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Tax-Exempt Organizations: Political Activity Restrictions and Disclosure Requirements

Tax-Exempt Organizations: Political Activity Restrictions and Disclosure Requirements

Date: September 11, 2007
Creator: Lunder, Erika
Description: This report examines the limitations that the Internal Revenue Code places on political activity -- including lobbying and campaign intervention -- by tax-exempt organizations.
Contributing Partner: UNT Libraries Government Documents Department
501(c)(3) Organizations: What Qualifies as "Educational"?

501(c)(3) Organizations: What Qualifies as "Educational"?

Date: August 21, 2012
Creator: Lunder, Erika K.
Description: Report that discusses the legal definition of the term "educational," as well as the constitutional implications of that definition.
Contributing Partner: UNT Libraries Government Documents Department
Federal Taxation of Aliens Working in the United States

Federal Taxation of Aliens Working in the United States

Date: May 18, 2012
Creator: Lunder, Erika K.
Description: This report outlines issues regarding the taxation of aliens since several pieces of current legislation have been introduced that would impose restrictions for claiming child tax credits or for claiming credits and refunds. The report includes an overview of immigration status, resident or nonresident aliens, taxation of income for various classifications, and Social Security and medicare taxes.
Contributing Partner: UNT Libraries Government Documents Department
Taxation of Internet Sales and Access: Legal Issues

Taxation of Internet Sales and Access: Legal Issues

Date: December 1, 2014
Creator: Lunder, Erika K.
Description: This report first looks at the Constitution's requirement of nexus, including an examination of whether recent state laws comply with the nexus standard and federal legislation that would affect the standard. It then looks at the scope of the Internet Tax Freedom Act (ITFA) moratorium on multiple or discriminatory taxes on electronic commerce and taxes on Internet access.
Contributing Partner: UNT Libraries Government Documents Department
“Amazon” Laws and Taxation of Internet Sales: Constitutional Analysis

“Amazon” Laws and Taxation of Internet Sales: Constitutional Analysis

Date: July 26, 2012
Creator: Lunder, Erika K. & Luckey, John R.
Description: This report covers ways in which states are attempting to capture taxes on Internet sales. Two basic approaches include imposing tax collection responsibilities on the retailer, and requiring remote sellers to provide tax information to the state and/or it's customers. This report covers the legality of both options.
Contributing Partner: UNT Libraries Government Documents Department
"Amazon Laws" and Taxation of Internet Sales: Constitutional Analysis

"Amazon Laws" and Taxation of Internet Sales: Constitutional Analysis

Date: November 28, 2014
Creator: Lunder, Erika K. & Pettit, Carol A.
Description: As more purchases are made over the Internet, states are looking for new ways to collect taxes on online sales. There is a common misperception that the U.S. Constitution prohibits states from taxing Internet sales. This report discusses "Amazon laws", which try to capture uncollected taxes on Internet sales and yet still comply with the Constitution's requirements.
Contributing Partner: UNT Libraries Government Documents Department
"Amazon Laws" and Taxation of Internet Sales: Constitutional Analysis

"Amazon Laws" and Taxation of Internet Sales: Constitutional Analysis

Date: April 3, 2013
Creator: Lunder, Erika K. & Pettit, Carol A.
Description: This report focuses on the ways in which the states' efforts to impose requirements on out-of-state retailers are limited by the Constitution. The report discusses recent state legislation as well as legislation introduced in the two most recent Congresses.
Contributing Partner: UNT Libraries Government Documents Department
501(c)(4)s and Campaign Activity: Analysis Under Tax and Campaign Finance Laws

501(c)(4)s and Campaign Activity: Analysis Under Tax and Campaign Finance Laws

Date: May 17, 2013
Creator: Lunder, Erika K. & Whitaker, L. P.
Description: This report discusses 501(c)(4) social welfare organizations, including the requirements necessary to maintain 501(c)(4) status and the requirements for annual reporting to the Internal Revenue Service and Federal Election Commission.
Contributing Partner: UNT Libraries Government Documents Department
Constitutionality of Retroactive Tax Legislation

Constitutionality of Retroactive Tax Legislation

Date: October 25, 2012
Creator: Lunder, Erika K.; Meltz, Robert & Thomas, Kenneth R.
Description: Report that examines the constitutional provisions that might be implicated by retroactive tax legislation, including legislation that seems intended to punish past behavior.
Contributing Partner: UNT Libraries Government Documents Department
Tax Provisions to Assist with Disaster Recovery

Tax Provisions to Assist with Disaster Recovery

Date: November 29, 2012
Creator: Lunder, Erika K.; Pettit, Carol A. & Teefy, Jennifer
Description: Report that provides a basic overview of existing, permanent provisions that benefit victims of disasters, as well as past, targeted legislative responses to particular disasters. The relief is discussed without examining either the qualifications for or the limitation on claiming the provisions' benefits.
Contributing Partner: UNT Libraries Government Documents Department
Tax Benefits for Education in the Taxpayer Relief Act of 1997

Tax Benefits for Education in the Taxpayer Relief Act of 1997

Date: September 30, 1997
Creator: Lyke, Bob
Description: None
Contributing Partner: UNT Libraries Government Documents Department