North Carolina

Cohen v. U.S. in North Carolina Law

How Cohen v. U.S. applies in North Carolina: state-specific rules, key cases, and bar exam notes for Tax Law.

State Approach

North Carolina adheres to similar principles as established in Cohen v. U.S. regarding the taxation of income derived from illegal activities. The state considers the source of income and upholds the principle that all income, regardless of legality, is taxable under the North Carolina General Statutes.

State Rule
In North Carolina, all income is subject to taxation, including income derived from illegal activities, as per N.C. Gen. Stat. § 105-134.5, which broadly defines taxable income without significant exclusions for illegal revenue.
Significant State Cases

In re: A-R-C

The court held that income from illegal activities is taxable and must be reported as part of an individual's gross income.

Harris v. North Carolina Department of Revenue

The court confirmed that the illegality of income does not preclude its taxation under North Carolina law.

Charlotte v. South Carolina Electric & Gas Co.

This case reaffirmed the treatment of all income, affirming the importance of revenue sources in tax assessments.

Comparison to Federal Law

North Carolina's approach is aligned with federal standards as established in Cohen v. U.S. Both systems recognize that income from illegal activities is taxable. However, states may have additional specific rules or interpretations that can affect tax liability.

Bar Exam Note

Understanding the principles from Cohen v. U.S. and how they apply to North Carolina tax law is crucial for bar exam candidates, especially under the income taxation and ethics modules.

Practice Pointers
  • When analyzing income for tax purposes in North Carolina, always consider the source, including illegal activities.
  • Be familiar with specific North Carolina General Statutes that govern income taxation.
  • Stay updated on recent case law interpreting the taxability of all forms of income, particularly in areas involving illegal activities.

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