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

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.
Date: September 19, 2005
Creator: Lunder, Erika
Item Type: Report
Partner: UNT Libraries Government Documents Department

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

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.
Date: May 16, 2008
Creator: Lunder, Erika
Item Type: Report
Partner: UNT Libraries Government Documents Department

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

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.
Date: January 7, 2005
Creator: Lunder, Erika
Item Type: Report
Partner: UNT Libraries Government Documents Department

Taxation of Internet Sales and Access: Legal Issues

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.
Date: December 1, 2014
Creator: Lunder, Erika K.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Federal Taxation of Aliens Working in the United States

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.
Date: May 18, 2012
Creator: Lunder, Erika K.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Political Ads: Issue Advocacy or Campaign Activity Under the Tax Code?

Description: Some tax-exempt organizations are legally allowed to engage in political campaign activity, and some are not. This report discusses which organization are/are not allowed to do so, and how they determine whether something is campaign activity.
Date: August 29, 2012
Creator: Lunder, Erika K.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Corporate Inversions: Frequently Asked Legal Questions

Description: This report answers frequently-asked legal questions about corporate inversions. It answers questions relating to the scope and operation of Section 7874, including how key statutory terms have been interpreted by the Internal Revenue Service (IRS). It discusses important Department of Treasury regulations that were finalized in 2015 and 2016, and answers questions about the IRS's authority to issue these regulations. Other questions that are answered relate to legislation introduced in the 114th Congress, the interaction of Section 7874 with tax treaties, and the imposition of an excise tax on corporate insiders who benefit from an inversion.
Date: September 7, 2016
Creator: Lunder, Erika K.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Cash Balance Pension Plans: Selected Legal Issues

Description: Over the past few years, cash balance pension plans have received significant attention. In particular, three issues have been controversial: the negative effect of a plan conversion on older employees due to wear-away, the whipsaw effect that may occur when computing a lump-sum payment of benefits prior to normal retirement age, and the claim that these plans violate federal laws prohibiting age discrimination. This report discusses the wear-away and whipsaw issues, a proposal by the Treasury Department that addresses them, and relevant legislation introduced in the 109th Congress (H.R. 2830 and S. 1304).
Date: July 29, 2005
Creator: Lunder, Erika & Staman, Jennifer
Item Type: Report
Partner: UNT Libraries Government Documents Department

Treatment of Noncitizens Under the Affordable Care Act

Description: This report provides information regarding the treatment of noncitizens under the Patient Protection and Affordable Care Act (ACA) including definitions of "lawfully present," the health insurance mandate, exchanges, and ACA changes to Medicaid. It also discusses the verification of alien status under the ACA and related legislation in the 113th Congress.
Date: May 21, 2014
Creator: Siskin, Alison & Lunder, Erika K.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Tax-Exempt Section 501(c)(3) Hospitals: Community Benefit Standard and Schedule H

Description: This report examines the standards under which hospitals qualify for tax-exempt charitable status under federal law, recent inquiries made by Congress and the IRS into whether hospitals are conducting sufficient activities to justify their exemption, and the new Schedule H. It ends with a brief discussion of H.R. 973 (110th Congress) and H.R. 6420 (109th Congress).
Date: July 31, 2008
Creator: Lunder, Erika & Liu, Edward C.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Treatment of Noncitizens in H.R. 3200

Description: This report outlines the treatment of noncitizens under H.R. 3200, America's Affordable Health Choices Act of 2009. The report analyzes specific provisions in H.R. 3200, and whether there are eligibility requirements for noncitizens in the selected provisions.
Date: August 26, 2009
Creator: Siskin, Alison & Lunder, Erika K.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Treatment of Noncitizens in H.R. 3200

Description: This report outlines the treatment of noncitizens under H.R. 3200, America's Affordable Health Choices Act of 2009. The report analyzes specific provisions in H.R. 3200, and whether there are eligibility requirements for noncitizens in the selected provisions.
Date: August 25, 2009
Creator: Siskin, Alison & Lunder, Erika K.
Item Type: Report
Partner: UNT Libraries Government Documents Department

NFIB v. Sebelius: Constitutionality of the Individual Mandate

Description: Report that provides an overview of the Court's holding with respect to the individual mandate of the Patient Protection and Affordable Care Act (ACA) under the Commerce Clause and the Taxing Power. It also addresses possible implications of the decision on existing federal law and future legislation.
Date: September 3, 2012
Creator: Lunder, Erika K. & Staman, Jennifer
Item Type: Report
Partner: UNT Libraries Government Documents Department

Recognition of Same-Sex Marriage: Implications for Religious Objections

Description: The U.S. Supreme Court's highly anticipated decision in Obergefell v. Hodges recognized federal constitutional protection for same-sex marriage. This report will analyze a range of legal issues for which Obergefell has implications.
Date: October 23, 2015
Creator: Brown, Cynthia & Lunder, Erika K.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Analysis of the Tax Exclusion for Canceled Mortgage Debt Income

Description: This report begins with an overview and analysis of the historical tax treatment of canceled debt income. Next, the changes enacted by recent legislation are reviewed. A discussion of policy options concludes.
Date: December 30, 2015
Creator: Keightley, Mark P. & Lunder, Erika
Item Type: Report
Partner: UNT Libraries Government Documents Department

527 Organizations and Campaign Activity: Timing of Reporting Requirements under Tax and Campaign Finance Laws

Description: This report compares the timing of election activity reporting requirements under the Internal Revenue Code (IRC) and Federal Election Campaign Act (FECA), and discusses H.R. 1204, which would amend the timing of the IRC’s reporting requirements.
Date: July 25, 2008
Creator: Lunder, Erika & Whitaker, L. Paige
Item Type: Report
Partner: UNT Libraries Government Documents Department