Subject Guide
Tax Law
Tax Law is the body of rules governing how governments impose, calculate, and collect taxes, and on exams it centers on federal income tax under the Internal Revenue Code. It tests what counts as income, what may be deducted, how gains and losses are characterized and taxed, how taxpayers and the government resolve disputes, and how transfers of wealth are taxed. Because federal tax doctrine is national, the rules are the same across jurisdictions.
What Tax Law covers
Tax Law covers the rules that determine a taxpayer's liability and the procedures for assessing and collecting it. The federal income tax is the dominant testable framework: identifying gross income, applying exclusions and deductions to reach taxable income, characterizing gains and losses, and applying the correct rate and credits. Beyond the individual income tax, the subject reaches how business entities are taxed, how property transfers are treated, and how disputes move through audit, assessment, and litigation. Tax is a heavily statutory field anchored in the Internal Revenue Code, Treasury Regulations, and federal case law, so precise rule application matters more than open-ended argument. Although tax is not a standard Uniform Bar Exam subject, it is a core upper-level law school course and a foundation for practice, and the federal doctrine here is national rather than state-specific.
Key topics
- Gross Income
- Gross income under IRC section 61 means all income from whatever source derived. The Supreme Court has read this broadly to reach any undeniable accession to wealth that is clearly realized and over which the taxpayer has complete dominion, unless a specific statutory exclusion applies.
- Deductions
- Deductions reduce taxable income and are a matter of legislative grace, so a taxpayer must point to a specific Code provision authorizing the deduction, such as ordinary and necessary business expenses under section 162.
- Capital Gains
- Gain or loss from the sale or exchange of a capital asset is capital, and it is long-term if the asset was held more than one year. Net long-term capital gain of individuals is generally taxed at preferential rates lower than the rates on ordinary income such as wages.
- Tax Procedure
- Tax procedure governs how liability is determined and contested, including audits, the statutory notice of deficiency, the choice to petition the Tax Court before paying or to pay and sue for a refund, and the statutes of limitations on assessment and collection.
- Entity Taxation
- How business income is taxed depends on entity form. A C corporation is taxed on its own income, and its shareholders are taxed again when earnings are distributed as dividends (double taxation), while partnerships and S corporations are generally pass-through entities whose income flows through to their owners.
- Estate & Gift Tax
- The federal estate and gift tax is a unified transfer tax imposed on the transferor (the donor during life or the estate at death), not the recipient, for gratuitous transfers of property. It is reduced by the annual gift tax exclusion, the unified credit, and the unlimited marital and charitable deductions.
Practice Tax Law with LawCoach
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Frequently asked questions
- Is Tax Law tested on the Uniform Bar Exam?
- Federal income tax is generally not one of the standard subjects tested on the Uniform Bar Exam administered by the NCBE. It is, however, a core upper-level law school course and essential to practice, and individual jurisdictions or specialty exams may test it, so check the requirements for your specific exam.
- What is gross income for federal tax purposes?
- Gross income is all income from whatever source derived under IRC section 61. The Supreme Court has described it as any undeniable accession to wealth that is clearly realized and over which the taxpayer has complete dominion. Common items include wages, business profits, interest, dividends, rents, and gains from dealings in property, unless a specific statutory exclusion applies.
- What is the difference between a deduction and a credit?
- A deduction reduces the amount of income subject to tax, so its value depends on the taxpayer's marginal rate, while a credit reduces the tax owed dollar-for-dollar. Both must be authorized by a specific Code provision because deductions and credits are matters of legislative grace, not default entitlements.
- How are capital gains taxed differently from ordinary income?
- Gain from the sale or exchange of a capital asset held more than one year is long-term capital gain, and an individual's net long-term capital gain is generally taxed at preferential rates lower than those for ordinary income such as wages. Gain on a capital asset held one year or less is short-term and is generally taxed at ordinary rates, and capital losses are subject to limits on how much can offset ordinary income.
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