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The Interpretation of Tax Law in the Precedents of the United States of America
Views:379The proper interpretation of the legal provisions in the field of tax law has high importance because it determines the opportunities of the taxpayers. Taxpayers normally wish to pay as little tax as possible, in contrast, the tax authorities try to collect as much tax as, according to them, is still lawful. If a taxpayer makes an error in his legal interpretation, he has to face the legal consequences, that is why it is necessary to know the case law. In the English law and in the law of the United States, two fundamental approaches of the interpretation of tax law have emerged: according to the strict approach, the judicature has to scrutinize only the meaning of the words of the act and that is what determines the question of the tax burden. On the other hand, the other approach means that the purpose of the questionable transaction or the intention of the legislator shall be taken into consideration as well, but only in that case in which the application of the words would lead to an unreasonable result. This paper analyzes the relevant precedents of the United States, mentioning many examples and scrutinizes the theoretical bases and the application of the two approaches mentioned.
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The Criminal Provisions of the DDoS Attacks in the United States, Eu- rope and Hungary
66-83Views:474The Internet offers an opportunity to launch y wide range of cyberattacks such as Distributed Denial of Service (DDoS) attack, which exploits the vulnerabilities of the system network without access. DDoS attacks continue to grow in intensity and complexity. Due to the Crime-as-a-Service business model and online criminal markets DDoS attacks have become accessible to anyone willing to pay for such services. It can be launched easily, although it may cause serious social and economic damage. The aim of this paper to present the criminal provisions of the DDoS attack in the United States, Europe and Hungary.
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Fairness in the Taxation System
52-66Views:273Studying the fairness of taxation is not separable from the general emergence of the social fairness, but some features of its own could be determined. In this paper I examined the problem of the fairness of taxation and drew up the details of the optimal tax system. One single chapter was devoted to the analysis of the relation between the notion of fairness and equity and another was devoted to the analysis of the question of sameness, which is necessary for the understanding of the fairness of taxation.
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Schrems III or what will happen with transatlantic data transfers? - A Thought Experiment on the Validity of the EU-USA Data Privacy Framework Decision
78-106Views:193The United States of America and Europe are each other's most important cooperative partners. This naturally includes the economic relationship based on the transfer of personal data. Over the past nearly decade, this transatlantic data transfer has operated amid continuous legal uncertainties due to the repeated invalidation of the European Commission's adequacy decisions and issues related to the applicability of standard contractual clauses. The problem appears to be currently resolved thanks to the EU-US Data Privacy Framework Decision. However, this Commission decision has already been challenged, and a new procedure is expected to begin this year. The purpose of this study is to conduct a thought experiment to examine the validity of the mentioned decision, which could serve as guidance for future legal practice and provide forecasts for economic actors about expected developments. The paper's conclusion is that due to the unchanged violation of fundamental rights, the EU-US Data Privacy Framework Decision is likely invalid.
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To support or not to support? A critical look at film support schemes: the American and the European Model
42-61Views:264The current article aims at mapping the origins of film aid schemes, comparing the different motives that lay behind the American and European model eventually leading to a globally strengthening subsidy race. Rules guiding national subsidies for the film industry in the European Union have their limits in the State Aid rules of the Treaty on the Functioning of the European Union as well as the Communication of the Commission on certain legal aspects relating to cinematographic and other audiovisual works.
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On the Nature of Political Corruption
87-97Views:205This article summerize the essay of Samuel Issacharoff (Harvard Law Review , 124. 1/2010. (November), 119-142.)