Certificate in Taxation

Program Description

For the student interested in taxation, the tax certificate program is a natural fit because it will help the student expand his knowledge in taxation and prepare the student for entry in the top tax LL.M. programs in the country if the student so desires.  NCCU Law students have been competitive for entrance in LL.M. programs and this trend will continue.  More importantly, a major concern of any business is the impact of the federal income tax on business transactions.  Hence, the tax certificate program will also be helpful and useful to the student interested in business.  Finally, in addition to gaining substantive knowledge of the tax laws, the student will also enhance his credentials by obtaining a tax certificate.

Admission and Deadlines

The program is open to current NCCU law students who are in good standing.  Application for acceptance into the program is due on August 31 of the student’s 2L year (3L for evening students).  In order to receive proper counseling, students are strongly encouraged to submit their application by that date.  Applications will not be accepted after August 31 of the student’s 3L year (4L for evening students).  See the application and brochure for more information.

Program Requirements

(1)  Fundamentals of Federal Income Taxation

(2)  Advanced Taxation

(3)  Partnership Taxation

(4)  Corporate Taxation or Estate and Gift Tax Planning

(5)  Tax Procedure or LITC or Tax Externship

(6)  Tax Paper

Tax Certificate Program Application (Currently Not Available)

Download the Tax Certificate Brochure

Course Descriptions

Fundamentals of Income Taxation – Course #8050

(3 credits) (offered in Fall and Spring)
Prerequisite: None

An introduction to the basic structure of federal income taxation including gross income, exclusions and deductions from gross income, computation of gains and losses on the sale or disposition of property, treatment of gains and losses, and computation of taxable income. Emphasis is placed on fundamentals and areas of concern to general practitioners.  The class also emphasizes statutory reading; hence, the student will improve on her statutory reading skills, a critical skill for the lawyer.

Advanced Taxation – Course #9210

(3 credits) (offered in Spring)
Prerequisite: Taxation – 8050

A study of selected areas of income taxation involving property transactions including capital gains and losses, depreciation, passive losses, installment sales, and like-kind exchanges.  This class is a more in-depth study of the federal income tax and is designed for the student who has an interest in taxation or in business.  The practice of tax being dependent on business transactions, the student will be exposed to a range of business transactions in this class.

Federal Tax Procedure – Course #9081

(3 credits) (offered in the Fall)
Prerequisite: Taxation 8050

Federal Tax Procedure and Litigation Seminar- This course presents an overview of the tax audit process from beginning to end as well as tax litigation. The course begins with a study of the IRS and addresses issues regarding statute of limitations, refund claims and choice of tax litigation venues. Finally, the course addresses collection, penalties and interest on penalty issues. The student studies the subjects by receiving training in traditional tax research and training on Lexis and Westlaw, preparing a ruling request, writing a protest and preparing the necessary documents for trial in the Tax Court. The course includes a Tax Court simulation. This course is highly recommended to the student who wishes to specialize in taxation as well as other students who want to learn more about IRS practices and procedures. Course objectives include developing familiarity with tax rules and procedures and ethical considerations in tax practice. Students develop skills in interviewing, counseling and negotiation through the simulation exercises.

Taxation of Business Entities (Corporation) – Course #9080

(3 credits) (offered in the Fall)
Prerequisite: Taxation 8050

This course provides an examination of the federal income taxation of C corporations and their shareholders. This course covers the C corporation (corporation subject to the federal income tax) from cradle to grave.  The class begins with the tax consequences of corporate formation, then follows the corporation during its existence and studies corporate distributions, stock redemptions, and the calculation of Earnings and Profits.  The class ends with corporate reorganizations, mergers, acquisitions and liquidations.  This course is highly recommended to the student who is interested in pursuing a career in tax or business.

Taxation of Business Entities (Partnership) – Course #9080

(3 credits) (offered in the Spring)
Prerequisite: Taxation 8050

This course will cover the fundamentals of Federal partnership taxation.  We will consider the tax consequences of partnership formation, operations, and allocations; transactions between partners and partnerships; sales and exchanges of partnership interests; operating distributions; and liquidating distributions and partnership terminations.  In addition we all also discuss the exchange of services for partnership interests.  Time permitting, we will discuss a variety of anti-abuse provisions found in Subchapter K.

Low Income Taxpayer Clinic I — Course #9075

(3 credits) (offered in the Fall and Spring)

Prerequisites: Fundamentals in Taxation 8050; Director Approval

The Low Income Tax Clinic (LITC) provides students with hands-on experience representing taxpayers in disputes with the IRS regarding federal income tax liability before the IRS and U.S. Tax Court. Students represent low-income North Carolina residents who are referred to the clinic by the IRS and non-profit and other advocacy organizations because the clients have no right to court-appointed attorneys and cannot afford to hire private counsel. The tax controversies include such matters as those in which the IRS challenges either the client’s tax return or the failure of the client to file a return.  Students learn basic tax procedure and applicable substantive tax law.  LITC clinicians receive special permission to practice before the Internal Revenue Service, and also have opportunities to litigate cases in the United States Tax Court. They also educate low income taxpayers about tax matters by participating in numerous community outreach programs featuring a wide array of tax issues.

Low Income Taxpayer Clinic II – Course #9077

(2 credits)

Prerequisites:  Fundamentals of Income Taxation; Low Income Taxpayer Clinic I; Director Approval

Students will continue to work the cases that they had from LITC I in addition to being assigned to work with LITC I clinicians on their cases.  The LITC II students will handle more cases due to the reduced classroom component and will be required to have at least 15 hours per week of office hours.

Estate and Gift Tax Planning – Course #9150

(3 credits) (offered in the Spring every other year starting in Spring 2012)
Prerequisite: Decedents’ Estates 8020

This course provides a study of statutory law, and judicial and administrative decisions governing federal and North Carolina estate and gift taxation. Subjects covered include gross estate, deductions, tax rates, and computation of the taxable estate, and basic estate and gift tax planning techniques.