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Thursday, June 26, 2014

The IRS Scandal, Day 413

Fox News Poll:  Voters Think IRS Emails Were Deliberately Destroyed:

The consensus is: it’s no accident. More than three-quarters of voters -- 76 percent -- think the emails missing from the account of Lois Lerner, the ex-IRS official at the center of the scandal over targeting of conservative groups, were deliberately destroyed. ... That suspicion is shared across party lines, albeit to varying degrees. An overwhelming 90 percent of Republicans think the emails were intentionally destroyed, as do 74 percent of independents and 63 percent of Democrats. Overall, just 12 percent of voters believe the emails were destroyed accidentally. Another 12 percent are unsure.

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Wall Street Journal:  No Confidence: Hardly Anybody Believes the IRS's Story About Lois Lerner's "Lost" Emails, by James Taranto:

The proportion of respondents who believe the IRS's claim to have destroyed the emails accidentally: 12%. That's congressional-approval-rating territory. Seventy-six percent disbelieve the IRS story, and the remaining 12% say they're "unsure." Asked whether Congress should continue to investigate, the ayes had it, 74% to 21%. ...

Each of these developments refutes Obama's claim that there was "not even a smidgen of corruption." And if the public is right that the destruction of emails was a deliberate coverup--and keep in mind that not just Lois Lerner but six other IRS employees are said to have suffered contemporaneous hard-drive crashes--that surely qualifies as "mass corruption," even irrespective of the facts of the underlying scandal.

The Fox poll is a stunning vote of no confidence not just in the Obama administration but in the government itself. Public skepticism of government is a healthy impulse, and in this case it seems fully warranted. A government that cannot inspire even a minimal degree of public confidence is a danger to itself and to the country.

Red State:  An Intellectually Honest Media Would Ask This Question:

Ignore, for a minute, the IRS targeting of conservative groups and the erasure of seven hard drives at the IRS. Yes, ignore all that for a moment.

While the media is doing its best to avoid that subject, with difficulty, it is absolutely and willfully ignoring another IRS scandal that, had it happened in the Bush Administration, would be the lead story of every nightly newscast and above the fold on the front page of every newspaper in America.

We now know that some person or persons at the IRS intentionally and maliciously leaked confidential tax records of a non-profit organization so that gay rights activists could target the donors of the organization for harassment. We know this from the emails of the gay rights activist who obtained the records through, what he described, as “a conduit” from the IRS. He then sent the data to the gay rights group Human Rights Campaign, which then put the records online. The records contained the names and addresses of donors to the National Organization for Marriage. The IRS is not only seemingly targeting conservative groups, but is now admitting to leaking information about a conservative group so others can target their donors.

Yes, the IRS is admitting someone at the IRS did this and is paying the legal fees of the National Organization for Marriage as a result.

The gay rights activist who received and disseminated the information, Matthew Meisel, “invoked his fifth amendment right not to incriminate himself” and he would not identify his conduit.

This all raises a question an honest media would ask: why has Eric Holder refused to investigate and prosecute this?

The American media will not ask this question because the National Organization for Marriage opposes gay marriage. The donors to the group, in the media’s mind, are bigots. To the American media they deserve no protection. They are oppressors.

But an honest media that believed in equal justice under the law would have to ask the question — why will the Justice Department not investigate and prosecute those within the IRS who leaked confidential tax records to political opponents of the group.

Must we wait until a Republican administration does this?

It seems we need more than one special prosecutor to investigate the IRS and Darryl Issa should be holding hearings on this matter. The IRS is not only seemingly targeting conservative groups, but is leaking information about conservative groups so others can target their donors.

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June 26, 2014 in IRS News, IRS Scandal, Tax | Permalink | Comments (2)

Wednesday, June 25, 2014

Osgood Presents Reform of [the Tax Treatment of] Nonprofit Institutions Today at Washington University

OsgoodRussell K. Osgood (Washington University) presents Reform of [the Tax Treatment of] Nonprofit Institutions at Washington University today as part of its Faculty Workshop Series:

The paper: 1) reviews the growth in many dimensions of the nonprofit sector, 2) discusses the history from 1969 onward of the 1969 Act and the subsequent lack of statutory reform due to Congressional inaction and the reasons for it, and 3) makes six significant proposals, including imposition of 1% excise tax on the endowments of all nonprofits, redrafting and narrowing the definitions of allowable 501(c)(3) purposes and regulating more heavily changes in purposes, expanding the taxation of quasi business income by taxing all income “not closely” related to the exempt purpose(s), eliminating much of the private foundation regime but requiring private foundations to liquidate after ten years and disqualifying them for any violation of core fiduciary duties, and revising the 170 deduction rules by limiting the deductibility (to the higher of adjusted basis or 50% of fair market value) of appreciated property, reducing the estate and gift tax charitable deduction limit to 50% (vs. 100%) of the gifted property, and reducing the regular contribution limits for all property and all taxpayers to a uniform 25% of adjusted gross income with only a one year carry forward.

June 25, 2014 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

WSJ: New Law School Courses at Columbia, Georgetown, Harvard, Pepperdine, and Yale

Wall Street Journal Law Blog, New Law School Courses Take on Robots, Videogames and Piketty-mania:

Schedule[Here] are among the more unconventional course offerings making their debut this fall semester, as law schools continue to expand their curricula beyond the world of torts, contracts and criminal procedure. It’s a trend that has drawn criticism from traditionalists like Justice Antonin Scalia, who thinks schools should stick to core subjects, while legal educators say students appreciate the chance to delve into more contemporary or quirky areas. At the very least, the new courses offer an interesting snapshot of faculty interests and research trends.

June 25, 2014 | Permalink | Comments (1)

University of Oxford 8th Annual Academic Tax Symposium

OxfordThe Oxford University Centre for Business Taxation's 8th Annual Academic Tax Symposium continues today with these speakers and papers:

David Weisbach (Chicago), International Capital Taxation
Discussant:  Alan Auerbach (UC-Berkeley)

Chris Sanchirico (Pennsylvania), As American as Apple Inc.: Tax and Ownership Nationality
Discussant:  Ilan Benshalom (Hebrew University of Jerusalem) 

Johannes Becker (University of Muenster), A Negotiation-based Model of Tax-induced Transfer Pricing (with Ron Davies (University College Dublin))
Discussant:  Michael Stimmelmayer (KOF, ETH Zurich) 

Mitchell Kane (NYU), Transfer Pricing, Integration, and Novel Intangibles: A Consensus Approach to the Arm’s Length Standard
Discussant:  John Vella (Oxford University)

Alfons Weichenrieder (Goethe University Frankfurt), Does Exchange of Information Between Tax Authorities Influence Foreign Direct Investment Into Tax Havens? (with Julia Braun (WU Vienna University of Economics and Business))
Discussant:  Celine Azemar (Glasgow University) 

Jeffrey Hoopes (Ohio State), Real Costs of Disclosure: Evidence From an Exogenous Shock to Subsidiary Disclosure in the UK (with Jaron Wilde (Iowa))
Discussant:  Travis Chow (Singapore Management University)

David Agrawal (Georgia), The Internet as a Tax Haven? The Effect of the Internet on Tax Competition
Discussant:  Giorgia Maffini (Oxford University) 

June 25, 2014 in Conferences, Scholarship, Tax | Permalink | Comments (0)

Mankiw: How Inherited Wealth Helps the Economy

New York Times op-ed:  How Inherited Wealth Helps the Economy, by N. Gregory Mankiw (Harvard):

Is inherited wealth making a comeback?

Yes, says Thomas Piketty, author of the best seller “Capital in the Twenty-First Century.” Inherited wealth has always been with us, of course, but Mr. Piketty believes that its importance is increasing. He sees a future that combines slow economic growth with high returns to capital. He reasons that if capital owners save much of their income, their wealth will accumulate and be passed on to their heirs. He concludes that individuals’ living standards will be determined less by their skill and effort and more by bequests they receive.

To be sure, one can poke holes in Mr. Piketty’s story. Since the book came out, numerous economists have been doing exactly that in book reviews, blog posts and academic analyses.

Moreover, given economists’ abysmal track record in forecasting, especially over long time horizons, any such prognostication should be taken with a shaker or two of salt. The Piketty scenario is best viewed not as a solid prediction but as a provocative speculation.

But it raises the question: So what? What’s wrong with inherited wealth?

First, let’s consider why parents leave bequests to their children. I believe that this decision is based on three principles:

  1. Intergenerational Altruism
  2. Consumption Smoothing
  3. Regression Toward the Mean

Together, these ideas explain why top earners often leave sizable bequests to their families. Because of intergenerational altruism, they make their consumption and saving decisions based not only on their own needs but also on those of their descendants. Because of regression toward the mean, they expect their descendants to be less financially successful than they are. Hence, to smooth consumption across generations, they need to save some of their income so future generations can consume out of inherited wealth. This logic also explains why many people aren’t inclined to reduce their current spending so they will have money saved for bequests. ...

The bottom line is that inherited wealth is not an economic threat. Those who have earned extraordinary incomes naturally want to share their good fortune with their descendants. Those of us not lucky enough to be born into one of these families benefit as well, as their accumulation of capital raises our productivity, wages and living standards.

June 25, 2014 in Tax | Permalink | Comments (4)

A Contrarian Perspective on the Student Debt 'Crisis'

New York Times:  The Reality of Student Debt Is Different From the Clichés, by David Leonhardt:

The deeply indebted college graduate has become a stock character in the national conversation: the art history major with $50,000 in debt, the underemployed barista with $75,000, the struggling poet with $100,000.

The anecdotes have created the impression that such high levels of student debt are typical. But they’re not. They are outliers, and they’re warping our understanding of bigger economic problems.

In fact, the share of income that young adults are devoting to loan repayment has remained fairly steady over the last two decades, according to [Brookings Institution data]

Brookings Institution:  Is a Student Loan Crisis on the Horizon?, by Beth Akers & Matthew M. Chingos:

BrookingsCollege tuition and student debt levels have been increasing at a fast pace for at least two decades. These well-documented trends, coupled with an economy weakened by a major recession, have raised serious questions about whether the market for student debt is headed for a crisis, with many borrowers unable to repay their loans and taxpayers being forced to foot the bill.

In this report, Beth Akers and Matthew Chingos analyze more than two decades of data on the financial well-being of American households and find that in reality, the impact of student loans may not be as dire as many commentators fear. 

The authors draw on data from the Survey of Consumer Finances (SCF) administered by the Federal Reserve Board to track how the education debt levels and incomes of young households evolved between 1989 and 2010. Their analysis produces three particularly noteworthy and new findings:

  1. Roughly one-quarter of the increase in student debt since 1989 can be directly attributed to Americans obtaining more education, especially graduate degrees.  The average debt levels of borrowers with a graduate degree more than quadrupled, from just under $10,000 to more than $40,000.  By comparison, the debt loads of those with only a bachelor’s degree increased by a smaller margin, from $6,000 to $16,000.
  2. Increases in the average lifetime incomes of college-educated Americans have more than kept pace with increases in debt loads.  Between 1992 and 2010, the average household with student debt saw an increase of about $7,400 in annual income and $18,000 in total debt.  In other words, the increase in earnings received over the course of 2.4 years would pay for the increase in debt incurred.
  3. The monthly payment burden faced by student loan borrowers has stayed about the same or even lessened over the past two decades.  The median borrower has consistently spent three to four percent of their monthly income on student loan payments since 1992, and the mean payment-to-income ratio has fallen significantly, from 15 to 7 percent.  The average repayment term for student loans increased over this period, allowing borrowers to shoulder increased debt loads without larger monthly payments.

Figure. Monthly Student Loan Payment-to-Income Ratios, 1992-2010

Ratio of Loan Payments to Income

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June 25, 2014 in Legal Education | Permalink | Comments (6)

Wells: Corporate Inversions and Whack-a-Mole Tax Policy

Tax Analysys Logo (2013)Bret Wells (Houston), Corporate Inversions and Whack-a-Mole Tax Policy, 143 Tax Notes 1429 (June 23, 2014):

In this article, Wells argues that until policymakers address the fundamental tax disparity that creates corporate inversions, ever changing forms of the transaction will continue to pop up like moles in a whack-a-mole game.

June 25, 2014 in Scholarship, Tax, Tax Analysts | Permalink | Comments (0)

Former Law Student Brings Federal Lawsuit Over D Grade in Contracts

Kaplan: Covering Retirement Health Care Costs

Richard L. Kaplan (Illinois), Desperate Retirees: The Perplexing Challenge of Covering Retirement Health Care Costs in a YOYO World, 20 Conn. Ins. L.J. 433 (2014):

A retiree’s single largest and most unpredictable expense is paying for health care, and this article explains the various choices and options that a retiree confronts regarding that expense. The article examines the traditional components of Medicare (Parts A and B), prescription drug plans (Medicare Part D), Medigap coverage, and managed care alternatives, as well as long-term care insurance. Each section addresses the financial trade-offs and time-sensitive decisions that are involved.

June 25, 2014 in Scholarship, Tax | Permalink | Comments (0)

Brooklyn Law School Dean: 15% Tuition Cut Benefits Everyone, Not Just Students

Chronicle of Higher Education op-ed:  Lowering Law-School Tuition Benefits Everyone, Not Just the Students, by Nicholas W. Allard (Dean, Brooklyn):

Brooklyn LogoBrooklyn Law School will cut tuition by 15 percent beginning in the 2015-16 academic year, a decision that has received sustained national attention and helped prompt a much-needed public discussion about skyrocketing tuitions at law schools. ...

The fact is that the financial model of law schools is broken. Unless the schools do what they can to make legal education more affordable, they will price themselves out of business, contribute to the high cost of legal services that most people need, and widen the gap in access to justice. ...

We are hardly the only law school that can offer impressive reasons for students to attend our institution, so why would we—or any law school—throw money at propping up artificial rankings when we could be giving back to our students? As we continue to prudently manage our overall costs, strengthen our balance sheet, and benefit from the generosity of our alumni, we are going to invest even more in our students. Law schools feel pressure to cut back, do less, and charge more. We’re taking a different approach: doing more and charging less.

Matt Leichter, Lowering Law School Tuition Mainly Benefits Students, Taxpayers

June 25, 2014 in Legal Education | Permalink | Comments (2)

The IRS Scandal, Day 412

New York Post editorial:  The IRS Smirks:IRS Logo 2

That was quick. During a congressional hearing Monday night, IRS Commissioner John Koskinen — an attorney — asserted the IRS had done nothing criminal.

Rep. Trey Gowdy (R-SC), then asked what criminal statutes he relied on to reach that judgment. Koskinen admitted he hadn’t looked at any.

Less than 24 hours later, America’s top official for archiving federal records, David Ferriero, appeared before Congress. He said the IRS “did not follow the law.”

Not that this will have much effect on Commissioner Koskinen, as smug and imperious as any bureaucrat you will met.

Throughout these hearings, he’s come across less as a professional determined to restore the good name of the IRS than a Democratic Party hack who thinks the IRS is the victim here.

Wall Street Journal editorial:  IRS Email Jeopardy: The Agency Had a Legal Obligation to Retain the Records It Lost:

The IRS is spinning a tale of bureaucratic incompetence to explain the vanishing emails from former Tax Exempt Organizations doyenne Lois Lerner and six other IRS employees. We have less faith by the minute that there is an innocent explanation for this failure to cooperate with Congress, but even if true it doesn't matter. The IRS was under a legal obligation to retain the information because of a litigation hold.

In 2009 a pro-Israel group called Z Street applied to the IRS for tax-exempt status. When the process was delayed, an IRS agent told the group that its application was undergoing special review because "these cases are being sent to a special unit in the D.C. office to determine whether the organization's activities contradict the Administration's public policies." In August 2010 Z Street sued the IRS on grounds that this selective processing of its application amounted to viewpoint discrimination.

Under the Federal Rules of Civil Procedure and legal precedent, once the suit was filed the IRS was required to preserve all evidence relevant to the viewpoint-discrimination charge. That means that no matter what dog ate Lois Lerner's hard drive or what the IRS habit was of recycling the tapes used to back up its email records of taxpayer information, it had a legal duty not to destroy the evidence in ongoing litigation. ...

Attorney General Eric Holder won't name a special prosecutor, but there's still plenty of room for the judge in the Z Street case to force the IRS to explain and answer for its "willful spoliation" of email evidence.

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June 25, 2014 in IRS News, IRS Scandal, Tax | Permalink | Comments (1)

Tuesday, June 24, 2014

University of Oxford 8th Annual Academic Tax Symposium

OxfordThe Oxford University Centre for Business Taxation's 8th Annual Academic Tax Symposium kicks off today with these speakers and papers:

Joel Slemrod (Michigan), Do the Laws of Tax Incidence Hold? Point of Collection and the Pass-through of State Diesel Taxes (with Wojciech Kopczuk (Columbia), Justin Marion (UC-Santa Cruz) & Erich Muehlegger (Harvard))
Discussant:  Stephen Bond (Oxford)

Owen Zidar (UC-Berkeley), Who Benefits From State Corporate Tax Cuts? A Local Labor Markets Approach With Heterogeneous Firms (with Juan Carlos Suárez Serrato (Stanford))
Discussant:  Martin Simmler (DIW, Berlin)

Jing Xing (Oxford Corporate Tax Incentives and Capital Structure: Empirical Evidence From the UK Tax Returns (with Michael Devereux (Oxford) & Giorgia Maffini (Oxford))
Discussant:  Dhammika Dharmapala (Illinois)

Jacob Nussim (Bar-Ilan), A Theory of Tax Losses Mechanisms (with Avraham Tabbach (Tel Aviv))
Discussant:  Norman Gemmell (Victoria)

June 24, 2014 in Conferences, Scholarship, Tax | Permalink | Comments (0)

NY Times Debate: Are College Presidents Overpaid?

NY Times Room for DebateNew York Times Room for Debate:  Are College Presidents Overpaid?:

Despite continued talk in academia of austerity – resulting in program cuts, loss of tenure-track jobs and increasing reliance on part-time adjuncts – the salaries of university presidents have reached record levels. Recently, at the University of Alberta, 56 Canadian academics applied for the $400,000-a-year job of the departing president in groups of four to highlight the pay disparity.

Are university presidents overpaid, or does the compensation appropriately reflect their wide range of management, recruitment and fund-raising duties?

  • Dorothy A. Brown (Emory University), Salary Gaps Affect Even Those on Top:  "In one study of private universities, white presidents outearn their black peers by about $37,000 on average, and male presidents outearn their female peers by over $100,000."
  • Kathleen Cawsey (Dalhousie University), End the Era of the C.E.O. College President:  "The increasing costs of highly paid college presidents and administrators come on the backs of adjuncts professors and students."
  • Raymond D. Cotton (Mintz Levin, Washington, D.C.), Colleges Must Compete to Attract the Best Leadership:  "By and large, college presidents are not overpaid in relationship to their responsibilities and the compensation market place."
  • Cary Nelson (University of Illinois), A Lesson in Disparity:  "If students learn that adjunct faculty are earning less than the minimum wage while the university president earns a million dollars, that practical lesson may trump the other values the institution promotes."

June 24, 2014 in Legal Education | Permalink | Comments (1)

Male/Female Faculty Salary Differentials

Huffington Post, Male Faculty Are Making A Lot More Than Female Faculty At Some Of The Best Colleges:

Several of the most prestigious colleges and universities in the country pay male faculty on average about $40,000 more than their female colleagues, according to a new analysis by data website FindTheBest.

Four Ivy League institutions -- the University of Pennsylvania, Columbia, Princeton and Harvard -- were among the 10 schools with 50 or more faculty members that had the greatest wage gap between men and women. Duke, the University of Chicago and Northwestern ranked in the top 10 as well.

The biggest wage gap among those larger schools was found at Rockefeller University, which paid male faculty nearly $48,000 more than female faculty. New York Law School came in second with a $44,000 male-female salary difference.

Above the Law, This Law School Pays Male Faculty $44K More Than Female Profs:

New York Law School pays its male professors on average $246,312, while its female professors take home on average $186,480.

June 24, 2014 in Legal Education | Permalink | Comments (4)

Senate Holds Hearing Today on Student Loans and Tax Policy

Senate LogoThe Senate Finance Committee holds a hearing today on Less Student Debt from the Start: What Role Should the Tax System Play?:

  • Mark J. Mazur (Assistant Secretary for Tax Policy, U.S.Treasury Department)
  • Jayne Caflin Fonash (Director of School Counseling, Loudoun Academy of Science, Sterling, VA)
  • Scott A. Hodge (President, Tax Foundation, Washington, D.C.)
  • Amber Lee (Graduate, Willamette High School, Eugene, OR)
  • Dean Zerbe (National Managing Director, alliantgroup, Washington, D.C.) 

In connection with the hearing, the Joint Committee on Taxation has released Background And Present Law Related To Tax Benefits For Education (JCX-70-14) (June 20, 2014):

This document ... includes a description of present law and analysis relating to tax benefits for education.

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June 24, 2014 in Congressional News, Tax | Permalink | Comments (0)

Hoffer & Walker: Kuretski, the Tax Court, and the Administrative Procedure Act

HWResponding to Sunday’s op-ed by Patrick Smith and Monday's op-ed by Kristin Hickman on Friday’s D.C. Circuit opinion in Kuretski v. Commissioner, No. 13-1090 (D.C. Cir. June 20, 2014):  TaxProf Blog op-ed:  Kuretski, the Tax Court, and the Administrative Procedure Act, by Stephanie Hoffer (Ohio State) & Christopher J. Walker (Ohio State):

Friday’s decision in Kuretski v. Commissioner is perhaps the first major opinion penned by Judge Sri Srinivasan—a recent Obama appointee considered by many to be on the short list for the Supreme Court.  In a well-written opinion, the D.C. Circuit rejects a constitutional challenge to the President’s removal power of judges on the United States Tax Court.  To reach this conclusion, the court has to grapple with the Tax Court’s puzzling position in the modern administrative state, concluding that the Tax Court is not an Article III (judicial branch) court but a court established under Article I (legislative branch) that actually exercises Article II (executive branch) powers.  Or as Judge Srinivasan writes (at 20) for the court:

We have explained that Tax Court judges do not exercise the ‘judicial power of the United States’ pursuant to Article III.  We have also explained that Congress’s establishment of the Tax Court as an Article I legislative court did not transfer the Tax Court to the Legislative Branch.  It follows that the Tax Court exercises its authority as part of the Executive Branch.

No doubt many tax and administrative law professors will weigh in on the constitutional issues (early coverage here, here, and here).  Here, however, we focus on Kuretski’s impact on the relationship between the Tax Court and the Administrative Procedure Act (“APA”).  Patrick Smith, for instance, worries that Kuretski could open the door for the argument that “APA judicial review provisions simply do not apply in Tax Court proceedings.”  But we agree with the contrary position reached by Kristin Hickman (Minnesota) and write separately to show our math for this conclusion. 

At the outset, it is important to underscore that Smith’s worry is already a reality.  As we explain in a forthcoming paper, The Death of Tax Court Exceptionalism, 99 Minn. L. Rev. ___ (2014), the Tax Court has declared that “[t]he APA has never governed proceedings in the Court (or in the Board of Tax Appeals).”  In other words, the Tax Court refuses to apply the APA’s default standard (abuse of discretion) and scope (administrative record) of review.  Instead, it considers the default in both contexts to be de novo, and only departs from de novo review when it determines that the Internal Revenue Code suggests more deferential review.

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June 24, 2014 in Scholarship, Tax | Permalink | Comments (0)

Kuretskis' Counsel Responds to Smith and Hickman Op-eds on Treating the Tax Court as Part of the Executive Branch

SamahonResponding to Sunday’s op-ed by Patrick Smith and Monday's op-ed by Kristin Hickman on Friday’s D.C. Circuit opinion in Kuretski v. Commissioner, No. 13-1090 (D.C. Cir. June 20, 2014):  TaxProf Blog op-ed:  Kuretskis' Counsel Responds to Smith and Hickman Op-eds on Treating the Tax Court as Part of the Executive Branch, by Tuan Samahon (Villanova; Counsel for Peter and Kathleen Kuretski):

I am one of the professors who serve as counsel for the taxpayers, the Kuretskis.  I wanted to comment on the op-eds by Patrick Smith and Kristin Hickman on the possible consequences of the D.C. Circuit’s opinion from last Friday.

First, Patrick Smith expresses concern that the Tax Court may not be able to conduct Administrative Procedure Act court review of the IRS if the Tax Court, now according to the Kuretski opinion, exercises executive power.  Professor Hickman is skeptical of this effect of the opinion. She notes that congressional statutory definitions may not always jibe with constitutional ones. 

Neither of their op-eds, though, included the following passage from the opinion showing what the panel thought about potential collateral consequences on other laws.  Judge Srinivasan wrote:

And while we have no need to reach the issue here, Congress, in establishing those entities [i.e., the Article I Tax Court and the Article I Court of Appeals for the Armed Forces] as a “court” rather than an “agency,” perhaps also exempted them from statutes that apply solely to executive “agencies.” Cf. Megibow v. Clerk of the U.S. Tax Court, No. 04- 3321, 2004 U.S. Dist. LEXIS 17698, at *13-22 (S.D.N.Y. Aug. 31, 2004) (Tax Court is a “court of the United States” and not an “agency” under the Administrative Procedure Act, 5 U.S.C. § 551(1)), aff’d, 432 F.3d 387 (2d Cir. 2005) (per curiam).  [slip op. at 26]

This dictum seems to lean toward Professor Hickman’s view.

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June 24, 2014 in Scholarship, Tax | Permalink | Comments (0)

Law Profs React to Steve Bainbridge: 'Law Teaching Is Walking Off a Cliff and Nobody Seems to Give a Damn'

These law profs react to yesterday's post, Bainbridge: 'The Profession I Love--Law Teaching--Is Walking Off a Cliff and Nobody Seems to Give a Damn'

  • Steve Bainbridge (UCLA)
  • Andy Grewal (Iowa)
  • Jeff Harrison (Florida)
  • Doug Kahn (Michigan)
  • Michael Livingston (Rutgers)
  • Henry Manne (George Mason)
  • Jim Maule (Villanova)
  • Ted Seto (Loyola-L.A.)
  • Tom Smith (San Diego)
  • Daniel Sokol (Florida)

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June 24, 2014 in Legal Education | Permalink | Comments (5)

The IRS Scandal, Day 411

IRS Logo 2Real Clear Politics:  Halperin on IRS Scandal: If This Was A GOP Admin, "This Story Would Be A National Obsession":

Mark Halperin:  Because when any government agency, particularly one as powerful as the IRS, engages in something that even people sympathetic to the admission says looks weird and suspicious, it's incumbent on all of the national media to aggressively ask more questions. The Republicans in Congress are asking questions. I think with a different administration, one that was a Republican administration, this story would be a national obsession, and, instead, it's getting coverage here and a few other places. But it deserves a lot more questions.

Washington Post op-ed by Jonathan Turley (George Washington):

As federal agencies have grown in size and scope, they have increasingly viewed their regulatory functions as powers to reward or punish citizens and groups. The Internal Revenue Service offers another good example. Like the patent office, it was created for a relatively narrow function: tax collection. Yet the agency also determines which groups don’t have to pay taxes. Historically, the IRS adopted a neutral rule that avoided not-for-profit determinations based on the content of organizations’ beliefs and practices. Then, in 1970, came the Bob Jones University case. The IRS withdrew the tax-exempt status from the religious institution because of its rule against interracial dating on campus. The Supreme Court affirmed in 1983 that the IRS could yank tax exemption whenever it decided that an organization is behaving “contrary to established public policy” — whatever that public policy may be. Bob Jones had to choose between financial ruin and conforming its religious practices. It did the latter.

There is an obvious problem when the sanctioning of free exercise of religion or speech becomes a matter of discretionary agency action. And it goes beyond trademarks and taxes. ... When agencies engage in content-based speech regulation, it’s more than the usual issue of “mission creep.” As I’ve written before in these pages, agencies now represent something like a fourth branch in our government — an array of departments and offices that exercise responsibilities once dedicated exclusively to the judicial and legislative branches. Insulated from participatory politics and accountability, these agencies can shape political and social decision-making. To paraphrase Clausewitz, water, taxes and even trademarks appear to have become the continuation of politics by other means.

Real Clear Politics op-ed:  An Arrogant and Lawless IRS, by Michael Gerson:

Noted management expert and IRS Commissioner John Koskinen was apparently called out of retirement -- like the Ted Williams of evasive, unapologetic bureaucrats -- to destroy what is left of his agency's credibility. ...

In recent congressional testimony, Koskinen admitted that the emails were irretrievably gone; that the "backup tapes" had been erased; and that Lerner's hard drive was apparently destroyed in an aggressive act of recycling. With that settled, Koskinen expressed his "hope that the investigations ... can be concluded in the very near future."

It is a mix of arrogance and delusion that seems designed to incense Republicans. Koskinen had delayed informing Congress of the lost emails for months, even while assuring members they would be provided. "It was my decision that we complete the investigation," he said, "so we could fully advise you as to what the situation was." Translation from management-speak: We wanted to get our story straight before we advised you of anything. Koskinen complained about the breadth of subpoenas and the "piecemealing out" of information.

Translation: We will provide you what we want when we want. "Every email," Koskinen assured the House Ways and Means Committee, "has been preserved that we have." Except the ones they don't have -- and somehow snuffed out, tied to an anvil and thrown into the ocean. ...

[T]he IRS has managed to feed anti-government sentiments by inhabiting anti-government stereotypes. It has undermined respect for authority. And it doesn't seem even to understand the damage it has done.

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June 24, 2014 in IRS News, IRS Scandal, Tax | Permalink | Comments (4)

Monday, June 23, 2014

WSJ: Odds Improve for New Law Grads

Following up on Friday's post, NALP: Law Grads Continue to Struggle to Find Jobs:  Wall Street Journal, Big Law Firms Resume Hiring; Odds Improve for New Graduates, Though Levels Remain Soft, by Jennifer Smith:

Entry-level hiring at major law firms is ramping back up from the recession-era doldrums. But students with their hearts set on a job at a big firm still face plenty of competition. The class of 2013 was the largest crop yet, releasing 46,776 graduates into a job market already awash with unemployed lawyers.

The chances of landing a job at a large law firm have improved from the hiring nadir a few years back, when sputtering demand for legal services triggered layoffs and cutbacks. Of class-of-2013 law graduates working in private practice about nine months after graduation, 20.6% landed a job at a firm with more than 500 lawyers, according to the National Association for Law Placement. Such positions accounted for 16.2% of law-firm jobs held by 2011 graduates. But the total number of such jobs taken by the class of 2013 remains far lower than for the class of 2009: 3,980 positions compared with 5,156.

The employment outlook for new lawyers is expected to brighten some over the next few years, as plunging law-school enrollments will ease the glut of new graduates—"the pig working its way through the snake," in the words of one law-firm manager. Of 2013 graduates, 64.4% had jobs for which bar passage was required, according to the NALP, and 51.1% of employed graduates were working in private practice.

For now, the hiring picture at major firms varies widely. This fall, the group of first-year associates joining New York's elite Cravath, Swaine & Moore LLP will be about the same size as the starting class from 2009. "I would say we're back," said William Fogg, managing partner of the firm's corporate department.

Roughly 20 big law firms, including WilmerHale, have boosted the size of their first-year class since 2009, according to Chambers Associate, a legal publication aimed at law students. "The trend indicates recovery, but we are very unlikely to see hiring at prerecession levels any day soon," said Antony Cooke, the guide's editor. Indeed, other firms have ratcheted back their starting and summer classes as much as 50% over the same time period.

WSJ

June 23, 2014 in Legal Education | Permalink | Comments (1)

Tamara Ashford, Awaiting Senate Confirmation as Tax Court Judge, Named Acting Assistant Attorney General for the Tax Division

AshfordOn June 6, Eric Holder named Tamara W. Ashford Acting Assistant Attorney General for the Tax Division.  Ms. Ashford was the Deputy Assistant Attorney General for Appellate and Review in the Tax Division.  She was nominated by President Obama in September 2013 to be a a Judge on the U.S. Tax Court and is awaiting confirmation by the Senate following her unanimous approval by the Senate Finance Committee

June 23, 2014 in Tax | Permalink | Comments (0)

WSJ: Offshore Accounts: What to Do Now Before FATCA Kicks in on July 1?

Wall Street Journal Tax Report:  Offshore Accounts: What to Do Now, by Laura Saunders:

The federal government's campaign to track down money held by U.S. taxpayers in foreign countries shifts into high gear July 1.

That is when the main provisions of the Foreign Account Tax Compliance Act, known as Fatca, come into force.

The law, which Congress passed in 2010, is pushing tens of thousands of foreign banks and other financial institutions to disclose information about U.S. customers. It will make life more complex and expensive for many U.S. taxpayers with financial ties abroad, affecting everything from retirement savings to investments to divorce settlements.

WSJ

"Fatca is an ambitious effort to root out wealthy U.S. taxpayers hiding money offshore and put an end to tax evasion as a profitable line of business for banks," says Michael Graetz, a Columbia University law professor and former top U.S. Treasury Department official. "But U.S. authorities need to make an effort to avoid catching innocent middle-class citizens in its net." ...

[M]ore than 77,000 banks and other financial firms abroad have agreed, effective July 1, to report data on U.S. accounts, including 784 in Singapore, 13 in Albania and four in Chad.

WSJ 2

Until then, here is a rundown of issues you need to know about—whether you are a U.S. citizen living or working abroad, a foreign citizen working in the U.S., a U.S. resident with assets abroad or a green-card holder living abroad.

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June 23, 2014 in Tax | Permalink | Comments (0)

University of Oxford Hosts Conference Today on Tax Competition and BEPS

OxfordThe Oxford University Centre for Business Taxation hosts a conference today on Tax Competition and BEPS.  United States Tax Profs presenting papers include:

  • Alan Auerbach (UC-Berkeley), Fundamental Issues in the Allocation of Profit
  • Dhammika Dharmapala (Illinois), What is the Scale of Base Erosion and Profit Shifting?: "The issue of tax-motivated income shifting within multinational firms – or “base erosion and profit shifting” (BEPS) – has attracted increasing global attention in recent years. This paper provides a survey of the empirical literature on this topic. Its emphasis is on reviewing and elucidating what is known about the magnitude of BEPS. It begins by outlining a simple conceptual framework that helps to clarify aspects of governments’ responses to the BEPS phenomenon and the potential role of the initiative on BEPS currently being undertaken by the OECD. The paper then discusses different empirical approaches to identifying income-shifting, describes existing data sources, and summarizes the findings of the empirical literature. A major theme that emerges from this survey is that in the more recent empirical literature, which uses new and richer sources of data, the estimated magnitude of BEPS is typically much smaller than that found in earlier studies. The paper seeks to provide a framework within which to conceptualize this magnitude and its implications for policy. It concludes by highlighting the importance of existing legal and economic frictions as constraints on BEPS, and by discussing possible ways in which future research might model these frictions more precisely."
  • Michael Graetz (Columbia), Prospects for Successful Multilateral Agreements 

June 23, 2014 in Conferences, Scholarship, Tax | Permalink | Comments (0)

Hickman: Kuretski v. Commissioner: A Fun and Fascinating Bit of Academic Folderol?

Hickman 2014 2Following up on yesterday's op-ed on Friday's D.C. Circuit opinion in Kuretski v. Commissioner, No. 13-1090 (D.C. Cir. June 20, 2014):  TaxProf Blog op-ed:  Kuretski v. Commissioner: A Fun and Fascinating Bit of Academic Folderol?, by Kristin Hickman (Minnesota):

For decades, the Supreme Court and nearly everyone else have regarded statutory for cause removal provisions as protecting government officials from presidential influence.  The D.C. Circuit was never going to turn that understanding on its head by finding Tax Court judges impermissibly influenced by the for cause removal provision of 26 U.S.C. § 7443(f).  Still, in Kuretski, the D.C. Circuit managed to turn a creative but relatively specious argument into an opportunity to say something fun and academically interesting, if ultimately not too practically consequential, about the Tax Court and separation of powers principles.

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June 23, 2014 in Tax | Permalink | Comments (0)

Bainbridge: 'The Profession I love--Law Teaching--Is Walking Off a Cliff and Nobody Seems to Give a Damn'

Stephen Bainbridge (UCLA), How Not to Win Friends and Influence People at a Law Professor Conference:

Announce that empirical legal scholarship is the dumbest idea in the legal academy in the last 20 years. And that most law & PhD. folks are only in law for the law school paychecks. As I just did. Yikes. ...

The shift towards "Law and [fill in the blank with a PhD field]" has been a problem for a long time and a major factor in the separation of the legal academy from the profession and the bench. In today's environment, that trend is unsustainable. We are, after all, in the business of training LAWYERS who will spend their time practicing law not running regressions. ...

I see the profession I love--law teaching--walking off a cliff and nobody seems to give a damn. And, yes, that makes me angry.

Usha Rodrigues (Georgia), The "Law and" Question:

I'm not singing Steve's tune, but I will hum a few bars. ...

In the comments to his post Steve laments that "the legal academy is not producing scholarship that is relevant to the bench and bar or that our graduates (especially at the T14 schools) are coming out of school better versed in theory than professional skills."  This is a problem.  Even than for the general law prof, for  "Law and"s I  think that practice is vital.

To put it bluntly, Harvard/Yale/Chicago/Columbia/Stanford can hire whoever they want, because they're in the business of pedigreeing elite students.  They can hire professors who haven't practiced law and who  write about theoretical topics.  It doesn't effect their students' job prospects.   All the other law schools have lemming-like followed their lead, accepting without question that the way up the USN&WR rankings is to look as much like possible as the T5.  That worked fine during boom times, but in this legal market, it  seems a lot like walking off a cliff.

June 23, 2014 in Legal Education | Permalink | Comments (17)

The IRS Scandal, Day 410

PolitiFact:  Donna Brazile: No Conspiracy Here, IRS Targeted Liberals, Too:

Half True 2The IRS "also investigated liberal groups, groups that had progressive in their name. ... The IRS was basically looking at everybody." Donna Brazile on Sunday, June 22nd, 2014 in comments on CNN's "State of the Union." ...

Brazile is echoing comments Democrats have made for a year. But is she right and the IRS was "basically looking at everybody"?

This question was essentially answered last year by the Treasury Inspector General for Tax Administration, who investigated the IRS’s handling of tax exempt requests between 2010 and 2012. ...

The investigation ultimately found the Cincinnati office used inappropriate criteria to single out certain cases. Over the course of two years, 298 total cases were sent to D.C. for greater scrutiny. According to the investigation, 72 of those groups had the name "tea party," 13 had "Patriot" and 11 had "9/12." The other 202 cases were listed as "other." In 160 of these cases, the application remained open between 206 and 1,138 days, while 108 were approved.

Democrats said 202 is a lot of "other." And later it came out that the word "progressive" was also used to flag applications on another IRS "Be on the Lookout" list.

George also noted that while 16 groups with "progressive" in the name showed up among the 298 cases, that represented just 30 percent of all "progressive" applications. That is in stark contrast to groups with "tea party," "patriot," or "9/12" in their name, of which 100 percent saw their applications held up. ...

So some progressive and liberal groups may have been flagged, and others may have ended up getting swept in the searches run by the Cincinnati office because their names had certain buzz words or phrases, but they didn’t get put through the ringer, at least on par with tea party groups.

Our ruling

Brazile, who did not respond to an email, said the IRS was "looking at everybody" including liberal groups and progressive groups. Yes, some progressive groups did have their tax-exempt status applications flagged as the IRS reviewed whether nonprofit groups were engaging in political activities.

But it wasn’t to the same degree as tea party and other conservative groups, nor did it result in the same actions. The list targeting tea party groups resulted in delayed processing that in some cases lasted almost three years and inquiries into their donors. Further, the inspector general found tea party groups were systematically singled out as part of an office-wide effort, while progressive groups were not.

Weighing all of this, we rate Brazile’s comments Half True.

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June 23, 2014 in IRS News, IRS Scandal, Tax | Permalink | Comments (0)

TaxProf Blog Weekend Roundup

Sunday, June 22, 2014

Using Altmetrics to Measure the Impact of Faculty Scholarship

AltmetricsI am heading back to San Diego after three great days at the 24th Annual Conference for Law School Computing at Harvard Law School.  In my talk on Friday, I argued that "blogs and social media can play a meaningful role in developing a faculty member's scholarly 'brand' and that current primitive methods for ranking faculty scholarship -- reputation, publications, citations, and downloads -- need to be augmented by more sophisticated faculty performance analytics in the coming 'big data' revolution."  In a presentation yesterday,  Katie Brown (Charlotte) explored some of those alternative metrics in Are The Scientists on to Something With Altmetrics? New Tools for Assessing and Tracking Scholarly Impact:

As scientific authors and researchers vie for tenure and funding they are including altmetrics to their CV's and tenure packets. Why the inclusion? They feel these alternative metrics disclose the full impact their work has with their colleagues, students and the public. Altmetrics, a term first coined in a tweet, involves "the creation and study of new metrics based on the Social Web for analyzing and informing scholarship". Often, altmetrics are providing tangible evidence of what is read, discussed, saved and recommended, as well as cited, in a particular area. They are also diverse in product, platform and audience. Products include articles, datasets, software, blogs, videos, and more. Some platforms are institutional repositories and online communities where the audience is going to be beyond the academy and include practitioners, clinicians and the general public. Scientists in growing number are providing this data to demonstrate their value in the profession and I believe these metrics will allow law librarians to do the same thing. Many law librarians are already online participating in scholarly conversations through blogs, SSRN, comments and Tweets. Why not track it so you can show others the valuable digital footprint you left behind? Additionally, altmetrics instruction may also be a valuable service that we can provide to our primary users.

Katie's PowerPoint slides are available here, and the video of her talk will be posted here by the end of the month.  In the meantime, check out these presentations on altmetrics (click on YouTube button on bottom right to view video directly on YouTube to avoid interruption caused by blog's refresh rate):

 

June 22, 2014 in Legal Education, Scholarship | Permalink | Comments (2)

Smith: Reflections on Kuretski's Holding That the Tax Court Is Part of the Executive Branch

SmithTaxProf Blog op-ed: Reflections on Kuretski v. Commissioner, by Patrick J. Smith (Ivins, Phillips & Barker, Washington, D.C.):

In Kuretski v. Commissioner, No. 13-1090 (D.C. Cir. June 20, 2014), a unanimous panel of the D.C. Circuit rejected a challenge to a Tax Court decision that was based on the argument that the power given to the President by section 7443(f) of the Internal Revenue to remove Tax Court judges for “inefficiency, neglect of duty, or malfeasance in office” is a constitutionally impermissible infringement on the judicial power exercised by the Tax Court.  The D.C. Circuit held that this removal power does not violate the constitutional separation of powers between the executive branch and the judiciary because, in the D.C. Circuit’s view, the Tax Court is part of the executive branch.

This holding undoubtedly has many significant consequences beyond the specific issue in the case.  One very worrisome potential implication is the effect this holding could have on the application of the judicial review provisions of the Administrative Procedure Act when the Tax Court in deficiency proceedings is considering a challenge by a taxpayer to the validity of IRS action such as the issuance of regulations.  The APA judicial review provisions (5 U.S.C. §§ 701 to 706) apply when a court reviews agency action. 

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June 22, 2014 in Scholarship, Tax | Permalink | Comments (0)

Top 5 Tax Paper Downloads

SSRN LogoThere is quite a bit of movement in this week's list of the Top 5 Recent Tax Paper Downloads on SSRN, with a new #1 paper and new papers debuting on the list at #4 and #5:

  1. [243 Downloads]  Carried Interest for the Common Man, by Richard Winchester (Thomas Jefferson)
  2. [221 Downloads]  The Real Problem with Carried Interests, by Heather Field (UC-Hastings)
  3. [192 Downloads]  A State Tax Approach to Regulating Greenhouse Gases Under the Clean Air Act, by Samuel Eisenberg (Stanford), Michael Wara (Stanford), Adele Morris (Brookings Institution), Marta Darby (Stanford) & Joel Minor (Stanford)
  4. [171 Downloads]  Sales Suppression as a Service (SSaaS) & the Apple Store Solution, by Richard Ainsworth (Boston University)
  5. [128 Downloads]  The Relationship between China's Tax Treaties and Indirect Transfer Antiavoidance Rules, by Qiguang Hardy Zhou (Baker & McKenzie, Shanghai City, China)

June 22, 2014 in Scholarship, Tax, Top 5 Downloads | Permalink | Comments (0)

The IRS Scandal, Day 409

IRS Logo 2Tax Analysts Blog:  The Coverup Is Usually Worse Than the Crime, by Christopher Bergin:

[D]o we have a coverup at the IRS? Has a crime been committed? I don’t know. What I do know is that I am deeply disturbed by all this.

Maybe it’s just sloppy record-keeping, which would be bad enough. Most of the government’s business is now conducted digitally, and those records need to be properly handled. Or is it worse? Is the IRS deliberately keeping things from the public? Excuse my cynicism, but the IRS’s penchant for secrecy is what led Tax Analysts, using the new Freedom of Information Act, to sue the agency in the 1970s to force it to release private letter rulings. There have been several subsequent lawsuits to pry records that should have been public out of the agency’s hands. ...

[T]he real problem here is that the IRS can’t make this story go away, and that starts smelling like a coverup. I know tax professionals who are now starting to think the worst and who are having trouble getting behind the IRS. And I am one of them. ...

The exempt organization issue is now more than just fodder for conservative blogs. The IRS and the Treasury Department need to start being square with the American people and their Congress. Even if you hate the IRS -- and I do not -- a wounded and compromised tax collector (whether or not most of its wounds are self-inflicted) does no good for the country.

(Click on YouTube button on bottom right to view video directly on YouTube to avoid interruption caused by blog's refresh rate.)

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June 22, 2014 in IRS News, IRS Scandal, Tax | Permalink | Comments (0)

Saturday, June 21, 2014

Johnson: Reflections on United States v. Clarke

Johnson (Steve)TaxProf Blog op-ed:  Reflections on United States v. Clarke, by Steve R. Johnson (Florida State):

On June 19, the Supreme Court decided United States v. Clarke, 2014 WL 2765284, vacating & remanding  517 Fed. Appx. 689 (11th Cir. 2013).  Clarke involves the ability of a party challenging an IRS summons to obtain an evidentiary hearing to probe whether the IRS issued the summons in bad faith.  Unique among the circuits, the 11th Circuit’s position was that even a bare allegation of bad faith was sufficient to entitle the taxpayer or other target to a hearing at whether it could question IRS officials about their motives.  In an opinion authored by Justice Kagan, the Supreme Court rejected that view, holding instead that the taxpayer/target is entitled to a hearing only “when he points to specific facts or circumstances plausibly raising an inference of bad faith.”  *2.

The outcome of the case isn’t a surprise.  A unanimous Court needed only a short opinion (operatively only four pages) to dispose of the view of the outlier circuit.  But if powerhouse college football and basketball programs sometimes schedule “breather” games against East Podunk State, perhaps the Supreme Court too is allowed occasionally to pencil in an easy one.

To say that the result of Clarke is unsurprising, however, does not imply that the decision is bereft of significance.  I offer eight thoughts below.

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June 21, 2014 in Scholarship, Tax | Permalink | Comments (0)

Burk: Are English PhDs (and JDs) 'Underused' Rather Than 'Overproduced'?

The Faculty Lounge:  Self-Delusion Spreads from Professional to Graduate Education; Consternation Curiously Absent, by Bernard A. Burk (North Carolina):

I want to be clear at the outset:  I love literature.  I was an English major, and I’ve never regretted it for a moment.  I seriously considered pursuing a Ph.D. in English.  I could not have a deeper faith in the liberal arts as a path to the betterment of all mankind.

So imagine my dismay at some recent reportage in the Chronicle of Higher Education.  Graduate programs in languages and literature are suffering troubles all too familiar to the readers of these pages:  In these straitened times, the tenure-track academic appointments for which a doctoral degree is the traditional and necessary preparation are available for only about 60% of the recipients of doctorates in language or literature (a number chillingly reminiscent of the 56%-57% of the last two law-school graduating classes who managed to find a full-time, long-term job requiring a law license within 9-10 months of graduation, though when you exclude school-funded and self-employed positions as well as a few other confounders and irrelevancies, that number is closer to 53%).  The Modern Language Association (a trade group for college and graduate educators and scholars in language and literature analogous to AALS) recently released a report conceding “[w]e are faced with an unsustainable reality.”

The solution?  Simple—dismiss the “reality” as “wrong”:

"The discourse of Ph.D. overproduction is wrong," said Russell A. Berman, who led the task force that wrote the report and is a professor of comparative literature and German studies at Stanford University. "What we need instead is a broadened understanding of career paths.” 

As the Chronicle explains, the MLA believes that language and literature departments should urge upon students considering graduate degrees

what else they could do with a language or literature Ph.D.  Career options off the tenure track . . . include teaching at community colleges and high schools, working at cultural institutions such as heritage museums and libraries, and putting skills to use in the private sector.  "The subject matter may, in fact, be far from literature," Mr. Berman said, "but the rich professional formation acquired during the course of doctoral study can be put to good use.”

The Chronicle also reports that the MLA “is taking a stance similar to the American Historical Association, whose executive director has said that history Ph.D.’s are not being overproduced but underused.”

If you’re feeling a certain frisson of déjà vu, you don’t need a doctorate in French to understand why.  The MLA appears to be arguing that you should pursue a doctorate in language or literature (median time to completion nine years, by the way) because it will make you a better high school teacher.  If you think this is silly, you’re right.  If you think this is silly, but still believe that people unsure of their desire to practice law or do something clearly and directly law-related should attend law school because (as comp lit Prof. Berman put it to the Chronicle) “the rich professional formation acquired during the course of [law] study” is (as I lampooned it in a past post) “ideal preparation for any line of work, a thoughtful life, the vicissitudes of holy matrimony, Monty Python’s Argument Clinic, or the searching examination that can be expected from St. Peter when the matriculant finally reaches the pearly gates,” you are engaging in the kind of wishful thinking that would earn your contempt if you observed it in a colleague or a student. ...

The fact that a doctorate in English, or a law degree, will provide its holders with thoughts or perspectives on unrelated work uncommon for others without their benefit does not mean that someone would rationally pursue either (or both, given that they’re apparently both ideal preparation for everything) in order to secure work unrelated to the discipline studied. ...

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June 21, 2014 in Legal Education | Permalink | Comments (1)

The Unexpected Ceasefire in Washington’s Tax Wars

New York Times:  The Unexpected Ceasefire in Washington’s Tax Wars, by John Harwood:

[I]n the wake of the “fiscal cliff” deal between President Obama and Congress as 2012 turned into 2013, which restored the Clinton-era top rate, Washington has hit the pause button. 

“We’ve reached sort of a stasis,” said Senator Charles Schumer of New York, a Democrat who serves on the Finance Committee. “No one’s totally content with it, but they’re willing to let it lay there.”

The reasons are partly practical. The fiscal cliff deal materialized only because the looming expiration of all President Bush’s tax cuts forced Congress to act. House Republicans can block any new Democratic effort to raise rates; President Obama can veto any Republican effort to cut them.

But philosophical shifts have also played a role. In the Tea Party era, Mr. Norquist said, concern about debt and deficits has given spending reduction a “coequal” place with tax-cutting in Republican economic theology.

Increasing attention to income inequality has also sent some party intellectuals looking away from supply-siders’ longstanding focus on cutting marginal tax rates. “Having substantially cut top tax rates in the 1980s, our potential gains from fighting on the tax rate battlefield are now diminished,” read the tax chapter in Room to Grow, a recent report by the conservative Young Guns Network.

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June 21, 2014 in Tax | Permalink | Comments (0)

The IRS Scandal, Day 408

IRS Logo 2

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June 21, 2014 in IRS News, IRS Scandal, Tax | Permalink | Comments (0)

Friday, June 20, 2014

Weekly Tax Roundup

 Weekly Roundup

June 20, 2014 in Tax, Weekly Tax Roundup | Permalink | Comments (0)

Weekly Legal Education Roundup

Weekly SSRN Tax Roundup

Weekly Roundup

June 20, 2014 in Tax, Weekly SSRN Roundup | Permalink | Comments (0)

Weekly Student Tax Note Roundup

June 20, 2014 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

McGill Symposium: Tax Justice and Human Rights

McGillThe three-day Tax Justice & Human Rights Symposium at McGill concludes today with these papers as part of its Research Collaboration Symposium Part II:

Panel #6:  Reducing Inequality: Tax Avoidance and Capital Flight

  • Ofer Sitbon (PhD Candidate, College of Law & Business, Tel Aviv), Moderator
  • James Henry (Tax Justice Network), Kleptocracy and Human Rights
  • Stephen Cohen (Professor, Georgetown University), Does Swiss Bank Secrecy Violate International Human Rights?
  • Brigitte Alepin (Partner, Agora Fiscalité), The Foundation
  • Steven Dean (Professor, Brooklyn Law School), A Tax Regime to Catalyze Social Enterprise Crowdfunding
  • Lee Sheppard (Journalist, Tax Analysts) and John Christensen (Director, Tax Justice Network), Discussants

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June 20, 2014 in Conferences, Scholarship, Tax | Permalink | Comments (0)

Caron Presents Law Professor Blogs Network 2.0: One Year Later Today at Harvard

I am presenting The Law Professor Blogs Network 2.0: One Year Later at Harvard Law School today as part of the 24th Annual Conference for Law School Computing:

LPBN LogoThe Law Professor Blogs Network is the nation's only network of legal blogs edited primarily by law professors. The network owns and operates over fifty legal blogs, edited by leading scholars and teachers who are committed to providing the web destination for law professors, practitioners, government and nonprofit lawyers, legal information professionals, and students in their respective fields. Since the launch of TaxProf Blog on April 15, 2004, the network’s influence has continued to grow. At last year's CALI Conference, I unveiled a major re-design of the network, intended to provide the premier legal blogging platform to our editors. The re-design was intended to (1) optimize each blog for viewing across a variety of platforms (desktop, laptop, tablet, and smart phone); (2) better integrate social media; (3) provide more robust analytics with richer and more accurate readership data; and (4) strengthen our partnership with Wolters Kluwer Law & Business/Aspen Publishers and provide additional avenues for monetization. This presentation will explore the progress that the network has made toward these goals over the past year and explain planned future innovations.  In addition, I will argue that blogs and social media can play a meaningful role in developing a faculty member's scholarly "brand" and that current primitive methods for ranking faculty scholarship -- reputation, publications, citations, and downloads -- need to be augmented by more sophisticated faculty performance analytics in the coming "big data" revolution. 

Update:  Enjoying a post-presentation dinner in Harvard Square with Jim Smith (Georgia), Jennifer Martin (St. Thomas), Jeff Lipshaw (Suffolk), and Mark Heffner (Roger Williams):

Photo

June 20, 2014 in Conferences, Legal Education, Scholarship | Permalink | Comments (0)

Brophy: Law School Rankings: Median LSAT, Full-Time J.D. Required Jobs, and Law Review Citations

Alfred L. Brophy (North Carolina), Ranking Law Schools with Lsats, Employment Outcomes, and Law Review Citations:

This paper returns to the perennially favorite topic of ranking law schools. Where U.S. News & World Report includes a wide variety of factors – some of which are criticized as irrelevant to what prospective students care about (or should care about) -- this paper looks to three variables. They are median LSAT score of entering students, which seeks to capture the quality of the student body; the percentage of the graduating students who are employed at 9 months following graduation at full-time, JD required jobs; and the number of citations to each school’s main law review. This paper rank orders each of those variables, then averages those ranks to obtain a new ranking; then it compares those new rankings to the U.S. News & World Report rankings.

Brophy

Alfred L. Brophy (North Carolina):  Ranking Law Schools Based on LSAT, Employment Outcome, and Citations

June 20, 2014 in Law School Rankings, Legal Education | Permalink | Comments (10)

ABA Approves Separation of Penn State-Dickinson Into Two Separate Law Schools

Penn State Logo (2013)The ABA yesterday approved the separation of Penn State-Dickinson into two independent law schools.

June 20, 2014 in Legal Education | Permalink | Comments (0)

NALP: Law Grads Continue to Struggle to Find Jobs

NALP New LogoNALP, For Second Year in a Row New Grads Find More Jobs, Starting Salaries Rise — But Overall Unemployment Rate Rises with Historically Large Graduating Class

Despite two years of growth in the number of jobs obtained by law school graduates, the overall employment rate for new law school graduates fell for the sixth year in a row, to 84.5%. Even though the total number of jobs obtainedby this class was somewhat higher than the number of jobs obtained by the previous class, and the number of employment opportunities funded by law schools increased, the Class of 2013 was also bigger, resulting in the employment rate for the Class of 2013 falling, but by just 0.2 percentage points from the 84.7% rate for the Class of 2012.

NALP 1

NALP 2

June 20, 2014 in Legal Education | Permalink | Comments (1)

The IRS Scandal, Day 407

IRS Logo 2

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June 20, 2014 in IRS News, IRS Scandal, Tax | Permalink | Comments (2)

Thursday, June 19, 2014

Florida State Symposium: One-Hundred Years of the Federal Income Tax

Florida State logoSymposium, One-Hundred Years of the Federal Income Tax, 41 Fla. St. U. L. Rev. 1-289 (2013):

June 19, 2014 in Conferences, Scholarship, Tax | Permalink | Comments (0)

Rosenzweig: An Antigua Gambling Model for the International Tax Regime

Adam Rosenzweig (Washington University), An Antigua Gambling Model for the International Tax Regime, 44 Wash. U. J.L. & Pol'y 79 (2014):

The international tax world is facing a defining moment. While there is little agreement on anything within the field, there appears to be a growing consensus that the modern international tax regime — the so-called flawed miracle emerging from World War II — is irrevocably broken. As the countries of the world confront the challenges facing the international tax regime in the next century, new models for an institutional framework for international tax become increasingly crucial to its success. While significant progress has been made in developing underlying norms to serve as the basis for a modern international tax regime, less focus has been paid to building the institutions and structures necessary to implement these norms. To this end, this Essay proposes looking to the recent experience of the WTO in the Antigua Gambling case as a model for a new institutional framework for the new international tax regime. The Essay then proposes three potential ways to do so: (1) the creditable gross-withholding tax method, (2) the extraterritorial excise tax method, and (3) the WTO cross-retaliation method.

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June 19, 2014 in Scholarship, Tax | Permalink | Comments (0)

George & Yoon: The Labor Market for New Law Professors

Tracey E. George (Vanderbilt) & Albert Yoon (Toronto), The Labor Market for New Law Professors, 11 J. Empirical Legal Stud. 1 (2014) (more here):

Law school professors control the production of lawyers and influence the evolution of law. Understanding who is hired as a tenure-track law professor is of clear importance to debates about the state of legal education in the United States. But while opinions abound on the law school hiring process, little is empirically known about what explains success in the market for law professors. Using a unique and extensive data set of survey responses from candidates in the 2007-2008 legal academic labor market, we examine the factors that influence which candidates are interviewed and ultimately hired by law schools. We find that law schools appear open to non-traditional candidates in the early phases of the hiring process but when it comes to the ultimate decision — hiring — they focus on candidates who look like current law professors.

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June 19, 2014 in Legal Education, Scholarship | Permalink | Comments (1)

IRS-TPC Research Conference: Advancing Tax Administration

TPC-IRSThe IRS and Tax Policy Center are hosting a research conference today on Advancing Tax Administration with these presentations and papers (webcast):

Opening

  • Welcome:  Eric Toder (Co-Director, Tax Policy Center), Rosemary Marcuss (Director, Office of Research, Analysis & Statistics, IRS)
  • Opening Remarks:  John Koskinen (Commissioner, IRS)

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June 19, 2014 in Conferences, Tax | Permalink | Comments (0)

Off to the CALI Conference at Harvard

CALI 2I am spending the next three days at the 24th Annual Conference for Law School Computing at Harvard Law School. The theme of this year's conference is "The Next Wave":

CALI has been around for over 30 years. In that time, it has pioneered technology in legal education and in applications that improve access to justice and has worked with the innovators and early adopters in those fields. And now, excitingly, the next wave is here. Technology isn’t just something for hard core Teknoids. It’s become accessible and accepted in the law school and legal environments.

We know that you need to be looking out for the next wave. Much like waves constantly coming into shore, waves of change are constantly hitting legal education. How you approach them matters. To some people they may feel like tsunamis that are going to destroy everything and their inclination is to run and hide from them. Some people are going to hold fast and then be gradually eroded away and altered by the constant wave action. And some people are going to want to swim out to meet the waves and ride in on them on a surf board.

I will be attending many of the wonderful sessions, as well as a meeting of the CALI Board of Directors (on which I serve as President).  CALI is doing important work on a variety of projects for faculty, including A2J Author, Classcaster, eLangdell, Free Law Reporter, InstaPoll, Lawdibles, Legal Education Commons, LibTour, MediaNotes, and Webinars and Online Courses, in addition to their bread and butter CALI lessons for students (Jim Maule has produced over 250 tax lessons, which I highly recommend).  In many ways, this is my favorite conference of the year, as it is the only gathering of law school faculty, librarians, and IT folks.  I am looking forward to reconnecting and breaking bread with friends in all three spheres.

June 19, 2014 in Conferences, Legal Education | Permalink | Comments (0)