Can the Income Tax Be Saved?: The Promise and Pitfalls of Unitary Formulary Apportionment

Abstract

Governments must raise revenue to provide the services desired by their constituents. Most developed nations raise a substantial portion of the necessary revenues through the imposition of corporate and individual income taxes.

The Majority that Wasn't: Stare Decisis, Majority Rule, and the Mischief of Quorum Requirements

“…More generally, I have suggested that affording them narrow, limited precedential effect is an attractive option. 170 See Stevens, supra note 49. 171 See generally Hartnett, supra note 49.…”

“…Justice Stevens has argued, in an academic setting, that the "rule of four" is an instance of federal common law. 170 Presumably, then, the Court could alter the rule of its own accord. At the same time, the Court enjoys discretionary control over its docket in part because of promises made by the Justices to Congress regarding the use of the "rule of four."…”

International Taxation in an Era of Digital Disruption: Analyzing the Current Debate

“…As Julie Roin explained a decade ago with respect to FA, unitary systems become inadministrable if global costs must be measured for purposes of determining income in each jurisdiction, but each jurisdiction has its own rules with respect to when those global costs are taken into account. 127 These issues with the "unitary" dimension of FA are well-trodden ground. What observers may not appreciate is that the DBRMPA does not avoid those issues.…”

Fundamentals of International Transfer Pricing in Law and Economics

“…31 First, a formulary apportionment system that avoids double-taxation would require a high degree of legal uniformity which would have its own costs. Roin (2007). Also the determination of a consistent base that includes all profits of a multinational would have to be based on a common, world-wide system.…”