Richard Westin - Academia.edu (original) (raw)

Papers by Richard Westin

Journal of Natural Resources, 1996

Id. at 62.

Thus, in practice, we usually find some economists testify before legislators in the morning that... more Thus, in practice, we usually find some economists testify before legislators in the morning that wealth should be distributed to make the dicta of welfare economics ethically acceptable. At the same time, other economists in the afternoon will testify before the same legislators that such wealth distributions beget inefficiencies the little deadweight loss triangles we had studied – and these should be avoided.

This volume describes how various types of taxes such as VATs, corporate income taxes, retail sal... more This volume describes how various types of taxes such as VATs, corporate income taxes, retail sales taxes, and excise taxes are being modified to achieve environmental goals. The author gives particular focus to situations in which taxes are imposed on imports and where rebates are granted when domestic products are exported. These taxes are evaluated with respect to exceptions to GATT and how these exceptions can be used to create powerful tax initiatives even though they might be considered "GATT-illegal". The book shows how to integrate economically effective environmental taxes and tax subsidies with the major international trade treaties. Tax initiatives can be an important tool to improve the free trade system while at the same time combating environmental depredation. Manufacturers, exporters, tax and environmental policy makers, international trade and tax attorneys, and academics working in the fields of environmental regulation, trade policy, and taxation should ...

In this report, Westin and Vasek examine a variety of issues raised by a World Trade Organization... more In this report, Westin and Vasek examine a variety of issues raised by a World Trade Organization panel's ruling that the extraterritorial income regime (the replacement for the Foreign Sales Company regime) constitutes an illegal trade subsidy.

The bricks and mortar of commercial law as we know it are crumbling into dust. Electronic commerc... more The bricks and mortar of commercial law as we know it are crumbling into dust. Electronic commerce sweeps away the very foundations of what was not so long ago our most solid, comfortable, and secure legal system. In its most advanced form, e-commerce allows unidentified purchasers to pay obscure vendors, in 'electronic cash,' for products that are often goods, services, and licenses all rolled into one. A payee may be no more than a computer that can take up 'residence' anywhere at the drop of a hat; national boundaries are of no consequence whatsoever. Taxation authorities are understandably dismayed. This book, now in its second edition, is a minutely detailed overview of current reality in the worldwide huddle of revenue regimes as they try to cope with the most daunting challenge they have ever had to face. It analyzes a number of fast-moving trends in the behaviors of national taxation authorities, web-based companies, VoiP, certain low-tax (or no-tax) jurisdic...

Albert Einstein once said that "things should be as simple as possible, but no simpler." That wis... more Albert Einstein once said that "things should be as simple as possible, but no simpler." That wise observation applies to the teaching of federal income taxation, among other things. In recent years, the Internal Revenue CQ_ de has become ever more complex, as has the teaching of the taxation of business enterprises. The practical problem is that the law student who plans a career in business law is in an unpleasant predicament. He or she must either avoid federal income tax courses, and bear the guilty knowledge that a large area of relevant law has been overlooked, with significant implications in terms of personal feelings of inadequacy, or face the burden of taking a large dose of notoriously difficult courses in corporate and partnership taxation. This book is designed to alleviate that Hobson's choice. Whether it has succeeded is for the instructor and student to decide. This book provides teaching materials for a basic income taxation course dealing with the taxation of partnerships, corporations, S corporations, and limited liability companies. In addition, it alludes to a short list of other business enterprises. It can definitely be completed in the usual three hours assigned to such courses, on the assumption that students will spend two hours of preparation for each hour in the classroom. The book begins with the study of partnerships, moves to C corporations, then to S corporations, then to limited liability companies, and closes with an optional review of some unusual forms, such as cooperatives, regulated investment companies, and real estate investment trusts. In general, we take a cradle-to-grave approach to each subject. Our teaching of the course out of these materials convinces us that the order is realistic and effective. The cases have been extensively edited, and most footnotes in the original cases have been eliminated (and in one case, split) without any explicit reference to the fact of their elimination, other than the words in this paragraph. Case and statute citations of the court and commentators, as well as footnotes, have been omitted without so specifying; numbered footnotes are from the original materials but do not retain the original numbering, except by accident. The book is fairly rich with problems that are scattered along the way, rather than at the end of each chapter. They are not especially difficult and are designed to build confidence while at the same time forcing at least some review of the central Code provisions and pertinent regulations. We do not view this as a "problems" book, and we advise students that if they find themselves struggling unduly with a problem, to drop it, but always at least take a crack at the problems, because if they do not, the colloquy in class in which the answer is revealed will pass over their heads.

Preface Introduction and Overview Environmental Fiscal Policy in France Environmental Taxes in Ge... more Preface Introduction and Overview Environmental Fiscal Policy in France Environmental Taxes in Germany Environmental Taxes in Sweden Environmental Taxes in the United Kingdom Environmental Taxes in the United States Index

Choice Reviews Online, 2008

Wake Forest Law Review, 1981

WAKE FOREST LAW REVIEW [Vol. 17 legislated conditions, placement of the burden on the draftsman, ... more WAKE FOREST LAW REVIEW [Vol. 17 legislated conditions, placement of the burden on the draftsman, and symmetry). As a final matter, the article suggests several proposals for reforming some or all of the interpretative rules. 1. SELECTED RULES OF INTERPRETATION A. Reenactment 7. Id. at 151 (emphasis added). 8. 308 U.S. 39 (1939). 9. Id. at 52. 10. Manhattan Gen. Equip. Co. v. Commissioner, 297 U.S. 129, 134 (1936). 11. Id. 12. In United States v. Reynolds, 250 U.S. 104 (1919), the Court said: This ruling was made in the year 1910, and may be inconsistent with some previous rulings of the Department, as counsel for respondent insists that it is. Nevertheless it is entitled to weight as an administrative interpretation of the act; it comports with our impression of the natural meaning of the language employed by Congress; and it very probably was relied upon by the President .... This construction of the Act... puts it in agreement with other acts.. which, while subsequently passed and perhaps not strictly to be regarded as a legislative interpretation, nevertheless seem to us to indicate the effect that Congress attributed to the Act ....

Boston College Environmental Affairs Law Review, 1989

I. ORIENTATION Every year, American industry generates about 250 million tons of wastes considere... more I. ORIENTATION Every year, American industry generates about 250 million tons of wastes considered hazardous to human health and the environment. 1 Some hazardous waste is industrial wastewater, which generators treat and then discharge into rivers, lakes, and bays, leading to toxic contamination of many water bodies. 2 Some of the waste is incinerated, 3 emitting small amounts of toxic substances into the atmosphere. 4 Under current and past prac

Richard A. Westin's accessible casebook combines a strong problems approach with a sufficient... more Richard A. Westin's accessible casebook combines a strong problems approach with a sufficient level of policy considerations to provide a coherent structure for understanding Federal Income Taxation.Designed to facilitate teaching and learning, Basic Federal Income Taxation: - uses text, tightly edited cases, and problems to explain concepts- covers all the major topics of Federal Income Taxation in a concise presentation- offers an outstanding group of problems--brief ones to test understanding and more in-depth ones to engage students in tax planning--to ensure comprehension of the rules- deftly integrates policy issues and tax procedure to enlighten, instead of overwhelming, the student- is organized for readability, with each major heading followed by references to the associated Code and regulations- facilitates case analysis through explanatory text that introduces the factual context for most cases, as well as notes after the cases- supplies basic background on financial theory, such as discounting, cash flows, and internal rates of return and original issue discount- includes a glossary of terms at the end of the bookThe casebook prepares students for future practice by: - discussing the rules of practice before the IRS- offering practical advice regarding the appropriate level of aggressiveness when representing a taxpayer- presenting examples of primary tax forms filed by individuals- providing selected examples from different countries to awaken interest in comparative law- introducing the primary rules of professional responsibility that arise in the field

Choice Reviews Online, 1994

Designed for managers, controllers and small business owners whose livelihoods depend on understa... more Designed for managers, controllers and small business owners whose livelihoods depend on understanding business taxation, but lack the time or capacity to become experts in it, this collaboration between Shepard's McGraw-Hill and Business McGraw-Hill is an easy-to-use, comprehensive volume of business tax definitions. It defines more than 6000 key tax terms chosen specifically to meet the daily needs and interests of business people everywhere. Readers will appreciate the concise, clearly written entries, the absence of confusing Latin or foreign terms, and the worked-out examples of complex tax terms and concepts that accompany many of the definitions and enhance understanding. Complete with extensive cross-referencing for quick access, this resource helps business people cut through confusing tax jargon.

Journal of Natural Resources, 1996

Id. at 62.

Thus, in practice, we usually find some economists testify before legislators in the morning that... more Thus, in practice, we usually find some economists testify before legislators in the morning that wealth should be distributed to make the dicta of welfare economics ethically acceptable. At the same time, other economists in the afternoon will testify before the same legislators that such wealth distributions beget inefficiencies the little deadweight loss triangles we had studied – and these should be avoided.

This volume describes how various types of taxes such as VATs, corporate income taxes, retail sal... more This volume describes how various types of taxes such as VATs, corporate income taxes, retail sales taxes, and excise taxes are being modified to achieve environmental goals. The author gives particular focus to situations in which taxes are imposed on imports and where rebates are granted when domestic products are exported. These taxes are evaluated with respect to exceptions to GATT and how these exceptions can be used to create powerful tax initiatives even though they might be considered "GATT-illegal". The book shows how to integrate economically effective environmental taxes and tax subsidies with the major international trade treaties. Tax initiatives can be an important tool to improve the free trade system while at the same time combating environmental depredation. Manufacturers, exporters, tax and environmental policy makers, international trade and tax attorneys, and academics working in the fields of environmental regulation, trade policy, and taxation should ...

In this report, Westin and Vasek examine a variety of issues raised by a World Trade Organization... more In this report, Westin and Vasek examine a variety of issues raised by a World Trade Organization panel's ruling that the extraterritorial income regime (the replacement for the Foreign Sales Company regime) constitutes an illegal trade subsidy.

The bricks and mortar of commercial law as we know it are crumbling into dust. Electronic commerc... more The bricks and mortar of commercial law as we know it are crumbling into dust. Electronic commerce sweeps away the very foundations of what was not so long ago our most solid, comfortable, and secure legal system. In its most advanced form, e-commerce allows unidentified purchasers to pay obscure vendors, in 'electronic cash,' for products that are often goods, services, and licenses all rolled into one. A payee may be no more than a computer that can take up 'residence' anywhere at the drop of a hat; national boundaries are of no consequence whatsoever. Taxation authorities are understandably dismayed. This book, now in its second edition, is a minutely detailed overview of current reality in the worldwide huddle of revenue regimes as they try to cope with the most daunting challenge they have ever had to face. It analyzes a number of fast-moving trends in the behaviors of national taxation authorities, web-based companies, VoiP, certain low-tax (or no-tax) jurisdic...

Albert Einstein once said that "things should be as simple as possible, but no simpler." That wis... more Albert Einstein once said that "things should be as simple as possible, but no simpler." That wise observation applies to the teaching of federal income taxation, among other things. In recent years, the Internal Revenue CQ_ de has become ever more complex, as has the teaching of the taxation of business enterprises. The practical problem is that the law student who plans a career in business law is in an unpleasant predicament. He or she must either avoid federal income tax courses, and bear the guilty knowledge that a large area of relevant law has been overlooked, with significant implications in terms of personal feelings of inadequacy, or face the burden of taking a large dose of notoriously difficult courses in corporate and partnership taxation. This book is designed to alleviate that Hobson's choice. Whether it has succeeded is for the instructor and student to decide. This book provides teaching materials for a basic income taxation course dealing with the taxation of partnerships, corporations, S corporations, and limited liability companies. In addition, it alludes to a short list of other business enterprises. It can definitely be completed in the usual three hours assigned to such courses, on the assumption that students will spend two hours of preparation for each hour in the classroom. The book begins with the study of partnerships, moves to C corporations, then to S corporations, then to limited liability companies, and closes with an optional review of some unusual forms, such as cooperatives, regulated investment companies, and real estate investment trusts. In general, we take a cradle-to-grave approach to each subject. Our teaching of the course out of these materials convinces us that the order is realistic and effective. The cases have been extensively edited, and most footnotes in the original cases have been eliminated (and in one case, split) without any explicit reference to the fact of their elimination, other than the words in this paragraph. Case and statute citations of the court and commentators, as well as footnotes, have been omitted without so specifying; numbered footnotes are from the original materials but do not retain the original numbering, except by accident. The book is fairly rich with problems that are scattered along the way, rather than at the end of each chapter. They are not especially difficult and are designed to build confidence while at the same time forcing at least some review of the central Code provisions and pertinent regulations. We do not view this as a "problems" book, and we advise students that if they find themselves struggling unduly with a problem, to drop it, but always at least take a crack at the problems, because if they do not, the colloquy in class in which the answer is revealed will pass over their heads.

Preface Introduction and Overview Environmental Fiscal Policy in France Environmental Taxes in Ge... more Preface Introduction and Overview Environmental Fiscal Policy in France Environmental Taxes in Germany Environmental Taxes in Sweden Environmental Taxes in the United Kingdom Environmental Taxes in the United States Index

Choice Reviews Online, 2008

Wake Forest Law Review, 1981

WAKE FOREST LAW REVIEW [Vol. 17 legislated conditions, placement of the burden on the draftsman, ... more WAKE FOREST LAW REVIEW [Vol. 17 legislated conditions, placement of the burden on the draftsman, and symmetry). As a final matter, the article suggests several proposals for reforming some or all of the interpretative rules. 1. SELECTED RULES OF INTERPRETATION A. Reenactment 7. Id. at 151 (emphasis added). 8. 308 U.S. 39 (1939). 9. Id. at 52. 10. Manhattan Gen. Equip. Co. v. Commissioner, 297 U.S. 129, 134 (1936). 11. Id. 12. In United States v. Reynolds, 250 U.S. 104 (1919), the Court said: This ruling was made in the year 1910, and may be inconsistent with some previous rulings of the Department, as counsel for respondent insists that it is. Nevertheless it is entitled to weight as an administrative interpretation of the act; it comports with our impression of the natural meaning of the language employed by Congress; and it very probably was relied upon by the President .... This construction of the Act... puts it in agreement with other acts.. which, while subsequently passed and perhaps not strictly to be regarded as a legislative interpretation, nevertheless seem to us to indicate the effect that Congress attributed to the Act ....

Boston College Environmental Affairs Law Review, 1989

I. ORIENTATION Every year, American industry generates about 250 million tons of wastes considere... more I. ORIENTATION Every year, American industry generates about 250 million tons of wastes considered hazardous to human health and the environment. 1 Some hazardous waste is industrial wastewater, which generators treat and then discharge into rivers, lakes, and bays, leading to toxic contamination of many water bodies. 2 Some of the waste is incinerated, 3 emitting small amounts of toxic substances into the atmosphere. 4 Under current and past prac

Richard A. Westin's accessible casebook combines a strong problems approach with a sufficient... more Richard A. Westin's accessible casebook combines a strong problems approach with a sufficient level of policy considerations to provide a coherent structure for understanding Federal Income Taxation.Designed to facilitate teaching and learning, Basic Federal Income Taxation: - uses text, tightly edited cases, and problems to explain concepts- covers all the major topics of Federal Income Taxation in a concise presentation- offers an outstanding group of problems--brief ones to test understanding and more in-depth ones to engage students in tax planning--to ensure comprehension of the rules- deftly integrates policy issues and tax procedure to enlighten, instead of overwhelming, the student- is organized for readability, with each major heading followed by references to the associated Code and regulations- facilitates case analysis through explanatory text that introduces the factual context for most cases, as well as notes after the cases- supplies basic background on financial theory, such as discounting, cash flows, and internal rates of return and original issue discount- includes a glossary of terms at the end of the bookThe casebook prepares students for future practice by: - discussing the rules of practice before the IRS- offering practical advice regarding the appropriate level of aggressiveness when representing a taxpayer- presenting examples of primary tax forms filed by individuals- providing selected examples from different countries to awaken interest in comparative law- introducing the primary rules of professional responsibility that arise in the field

Choice Reviews Online, 1994

Designed for managers, controllers and small business owners whose livelihoods depend on understa... more Designed for managers, controllers and small business owners whose livelihoods depend on understanding business taxation, but lack the time or capacity to become experts in it, this collaboration between Shepard's McGraw-Hill and Business McGraw-Hill is an easy-to-use, comprehensive volume of business tax definitions. It defines more than 6000 key tax terms chosen specifically to meet the daily needs and interests of business people everywhere. Readers will appreciate the concise, clearly written entries, the absence of confusing Latin or foreign terms, and the worked-out examples of complex tax terms and concepts that accompany many of the definitions and enhance understanding. Complete with extensive cross-referencing for quick access, this resource helps business people cut through confusing tax jargon.