Gershon Presents Top Five Code Sections That Should Not Exist At Alabama

From Tax Prof Blog: 

Richard Gershon (Mississippi) presented Top Five Code Sections That Should Not Exist at Alabama this week:

As a fan of the strange and unusual, I am a fan of YouTube. YouTube channels often feature top 5’s. For example, the Top 5 Unknowns often features videos like “The Five Photos That Should Not Exist.” I find it so interesting that even though those photos should not exist, they in fact do exist. Since every aspect of life eventually leads back to tax law, I realized that there are at least five sections of the Internal Revenue Code (IRC) that should not exist, but nevertheless do exist. In true YouTube style, this article will discuss each of these five sections in order from least compelling to most compelling and will include one honorable mention.

The sections I have chosen in this article are those that have always bothered me when I taught them in my tax classes. The article will address the flaws in policy, application, or both of each of the code sections discussed. So, turn out the lights and grab some popcorn because tax law is always entertaining.

  • Number 1: § 101
  • Number 2: § 280E
  • Number 3: § 117(d)
  • Number 4: § 104
  • Number 5: §1014(e)
  • Honorable Mention: All of Subchapter K (the Partnership Tax Provisions)