TaxProf Blog

Editor: Paul L. Caron
Pepperdine University School of Law

Thursday, August 4, 2016

SEALS 2016 Annual Conference

SEALs Logo (2013)The Southeastern Association of Law Schools 2016 Annual Conference continues today in Amelia Island, FL.  Among today's highlights:

Productive and Fulfilling Scholarship Across the Tenure Spectrum
This panel covers strategies for achieving scholarly success and satisfaction both before and after tenure. Panelists with a range of experience address opportunities for and limitations on scholarly development during all stages of the tenure process: years 1-2, years 3-4, years 5-6, and post-tenure. The panel examines the role of law review articles as the primary form of scholarly output and explores other forms of scholarship. Panelists share their perspectives on co-authoring, finding mentors, gaining readership, leveraging past projects, and networking as well as the joys and perils of bar journal contributions, books, book chapters, book reviews, blogging, casebooks, CLE materials, essays, monographs, newsletters, and reports.

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August 4, 2016 in Conferences, Legal Education, Scholarship, Tax | Permalink | Comments (0)

WSJ:  Tougher Bar-Passage Standard For Law Schools Sparks Objections

Following up on yesterday's post, Diversity, Consumer Groups At Odds Over Proposed Tougher Bar-Passage Rule For Law Schools:  Wall Street Journal, Tougher Bar-Passage Standard for Law Schools Sparks Objections:

Bar-exam passage rates and racial diversity are two flashpoints in the legal industry. The two are now bumping against each other as the legal establishment weighs a proposal to tighten law school accrediting standards. ...

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August 4, 2016 in Legal Education | Permalink | Comments (1)

The IRS Scandal, Day 1183

IRS Logo 2Forbes:  Heading The IRS Shouldn't Be Mission Impossible: GOP Call To Impeach Koskinen Is Tragic Political Theater, by Len Burman:

The 2016 Republican Party platform demands that Congress impeach and convict Internal Revenue Service Commissioner John Koskinen. His “high crimes and misdemeanors” primarily consist of annoying congressional leaders and heading an agency charged with interpreting and enforcing the incoherent tax laws that Congress has inflicted on the American public—the definition of a thankless job. Impeaching the commissioner may be good political theater, but it’s bad for the country.

Over the years, the IRS has been led by a long list of admirable public servants of both parties. One, Mort Caplin, just celebrated his 100th birthday. Mort, a war hero decorated for valor at Normandy, probably saw serving as JFK’s Commissioner as a comparatively safe job.

Current Commissioner John Koskinen is only dodging metaphorical bullets, but the hail of fire is unrelenting. ...

He probably didn’t anticipate that his hard work would result in some House leaders and the official GOP platform calling for his impeachment. The charges: some emails lost by IRS staff and making a House committee wait a few weeks before responding to a subpoena. The same Treasury inspector general who flagged the targeting of conservative groups called Koskinen “exceptionally cooperative.” (AEI’s Norm Ornstein published an excellent dissection  of what he calls the House “show trial” in The Atlantic.) ...

Koskinen, who is tough as nails, will be okay, but the damage to our fiscal system could be longer lasting. If the goal is to improve the IRS—as it should be—the agency needs more people like Koskinen, Caplin, and the admirable souls who served between them (many of whom have rallied to Koskinen’s defense). Public servants willing to take on the enormous challenges facing the IRS shouldn’t have to face a hail of metaphorical bullets for trying to do their job.

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August 4, 2016 in IRS News, IRS Scandal, Tax | Permalink | Comments (4)

Wednesday, August 3, 2016

The Adelson Family (Through Their Attorneys) Deny Any Involvement In Dan Markel's Murder

Adelson FamilyOn behalf of the Adelson family, we continue to send our deepest condolences to the Markel family.  Dan's death was a tragedy, and the loss is profound.  Although Wendi and Dan were divorced, he was the father of their two children, who must now grow up without their dad.

There has been a lot of unsupported speculation that the Adelsons had something to do with the murder.  That speculation is categorically false.  To be clear, none of the Adelsons – Wendi, her brother Charlie, or their parents Donna and Harvey – had anything to do with Dan’s murder.

We respect the process and the enormous amount of work that the Tallahassee police department has done in this case.  They have spent the past two years reviewing every shred of evidence out there -- every phone record, financial record, text message, email, internet search, everything.  We understand why the government has put the Adelson family through this type of severe scrutiny. But nothing has turned up that supports this fanciful fiction that the Adelsons were involved. The investigation has gone so deep that it employed FBI agents, undercover agents, and a tip line.  There is a reason that the police have not arrested any of the Adelsons – they weren’t involved in Dan’s death.

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August 3, 2016 in Legal Education | Permalink | Comments (8)

Walker:  The Practice And Tax Consequences Of Nonqualified Deferred Compensation

David I. Walker (Boston University), The Practice and Tax Consequences of Nonqualified Deferred Compensation:

Although nonqualified deferred compensation plans lack explicit tax preferences afforded qualified plans, it is well understood that nonqualified deferred compensation results in a joint tax advantage when employers earn a higher after‐tax return on deferred sums than employees could do on their own. Several commentators have proposed tax reform aimed at leveling the playing field between cash and nonqualified deferred compensation, but reform would not be easy or straightforward. This Article investigates nonqualified deferred compensation practices and shows that joint tax minimization often takes a backseat to accounting priorities and participant diversification concerns.

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August 3, 2016 in Scholarship, Tax | Permalink | Comments (0)

Schumer Decries 'Victory Tax,' Urges House To Pass Senate Bill Exempting Olympic Medals From Tax

Olympic RingsPress Release, Schumer Urges House of Representatives to Immediately Pass Bipartisan Legislation That Will Block IRS From Taxing Olympic Medals; Senator Says Olympic and Paralympic Athletes Should Not Have To Pay a Victory Tax:

During a visit to the Olympic Training Center in Lake Placid, U.S. Senator Charles E. Schumer joined with Olympic athletes and launched a major push to urge the U.S. House of Representatives to pass legislation that would prevent the Internal Revenue Service (IRS) from taxing Olympic and Paralympic athletes on medals or other prizes awarded to them in future Olympic games.

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August 3, 2016 in Congressional News, Tax | Permalink | Comments (5)

Professional Ethics For The Tax Lawyer To The Holmesian Bad Man

Bret N. Bogenschneider (Vienna), Professional Ethics for the Tax Lawyer to the Holmesian Bad Man, 49 Creighton L. Rev. 775 (2016):

The “manufacture” of factual indeterminacy in furtherance of tax avoidance activity constitutes potentially unethical attorney conduct. The structuring of facts toward tax avoidance is not merely the rendering of legal advice as contemplated by the Model Code of Professional Conduct, and instead may assist the Holmesian “bad man” client toward conduct which is normatively prohibited under the tax laws. As such, only tax planning via factual structuring, which results in determinative tax avoidance, is ethical attorney conduct.

Since a purely formalistic method of legal interpretation is not applied in the United States, the circumstance of determinative tax avoidance is extraordinarily rare in the modern era. The moral aspects of legal representation in furtherance of tax evasion are also re-evaluated from both the parochial and postmodern perspectives.

August 3, 2016 in Scholarship, Tax | Permalink | Comments (0)

Utah Seeks To Hire A Tax Prof

Utah Logo (2016)The University of Utah S.J. Quinney College of Law invites applications for faculty positions at the rank of associate professor (tenure track), professor (with tenure), or career line (long-term clinical or other non-tenure track, rank consistent with experience) beginning academic year 2017-2018:

Qualifications include a record of excellence in academics or practice, successful teaching experience or potential as a teacher, and strong scholarly distinction or promise for tenure track or tenured positions. The College is particularly interested in candidates in the area of tax law. Interested persons should submit an application to the University of Utah Human Resources website.

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August 3, 2016 in Legal Education, Tax, Tax Prof Jobs | Permalink | Comments (0)

SEALS 2016 Annual Conference

SEALs Logo (2013)The Southeastern Association of Law Schools 2016 Annual Conference kicks off today in Amelia Island, FL.  Among today's highlights:

Scholarship: What Is It? And How Do We Maximize Its Impact?
Traditional academic lore is publish or perish. But publish where? In legal scholarship, publication means placing articles in highly ranked student-run law reviews and, after tenure, writing more articles and a book or two. However, few (other than fellow law professors) read law review articles. Thus, scholars have increasingly taken their scholarship “on the road” in the form of writing amicus briefs in highly notable cases, testifying before Congress, or using social media. This panel explores the future of legal scholarship. What are the avenues that best create scholarly impact? To what degree has scholarship transformed into activism once it leaves the law review? What is the appropriate role of law professor experts in court and in the public sphere?

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August 3, 2016 in Conferences, Legal Education, Scholarship | Permalink | Comments (2)

Trump Wants To Repeal The Johnson Amendment And Make Churches The New Super PACs

Following up on my previous posts (here and here):  The Atlantic, Trump Wants to Make Churches the New Super PACs: His Promise to Repeal the 1954 Johnson Amendment Isn’t About Free Speech—It’s About Cash:

Why have some religious conservatives decided to support Donald Trump for United States president? Leaders have named their reasons: He’s promised toappoint pro-life Supreme Court justices; he’s allegedly good at business. But they have also consistently cited something else, perhaps more unexpected: the tax code.

Trump has promised to repeal the so-called Johnson Amendment, a 1954 provision that prohibits tax-exempt organizations from participating in political activities. Proposed by then-Senator Lyndon B. Johnson and later revised by Congress, it keeps churches and other non-profits from lobbying for specific causes, campaigning on behalf of politicians, and supporting or opposing candidates for office.

While opponents of the Johnson Amendment often frame their objections in terms of free speech, the provision’s primary impact may be financial. Right now, the IRS makes a clear distinction between non-profit groups—from charities and universities to certain private schools and houses of worship—and political organizations.

If the Johnson Amendment were repealed, pastors would be able to endorse candidates from the pulpit, which they’re currently not allowed to do by law. But it’s also true that a lot more money could possibly flow into politics via donations to churches and other religious organizations. That could mean religious groups would become much more powerful political forces in American politics—and it would almost certainly tee up future court battles. ...

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August 3, 2016 in Political News, Tax | Permalink | Comments (9)

Diversity, Consumer Groups At Odds Over Proposed Tougher Bar-Passage Rule For Law Schools

National Law Journal, Diversity, Consumer Groups at Odds over Tougher Bar-Pass Rule Proposed for Law Schools:

Factions are again forming in the battle over the American Bar Association’s bar-passage standard for law schools, with diversity and consumer advocates at odds over a proposal to strengthen the rule.

The proposal now under consideration by the ABA would jeopardize the accreditation of many schools with large numbers of minority students and would discourage schools from admitting them, according to diversity advocates and the deans of all six law schools housed at historically black colleges and universities.

Consumer advocates counter that a tougher standard is necessary to protect law students from spending three years and thousands in tuition to obtain a law degree if they are unlikely to pass the bar exam. “Graduates who fail the bar cannot diversify the profession,” wrote Deborah Jones Merritt, a professor at Ohio State University Michael E. Moritz College of Law, in a comment to the ABA. “Instead, these graduates suffer substantial personal and financial costs.”

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August 3, 2016 in Legal Education | Permalink | Comments (3)

The IRS Scandal, Day 1182

IRS Logo 2Politico, Morning Tax: Sounds About Right:

A new document release from Judicial Watch shows that then-interim IRS chief Steven Miller was none too pleased when first informed about the tea party controversy that would eventually lead to his ouster. As Joseph Lawler of the Washington Examiner put it: “Miller threw his pencil across the room and yelled, ‘Oh, s — t,’” when told in the spring of 2012 that the agency had been improperly scrutinizing conservative organizations. Full Examiner story.

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August 3, 2016 in IRS News, IRS Scandal, Tax | Permalink | Comments (0)

Tuesday, August 2, 2016

Does Vic Fleischer's Appointment As Senate Finance Committee Co-Chief Tax Counsel Imperil Tax Reform, Or Give It A Shot In The Arm?

Fleischer (2016)Following up on my recent posts:

Forbes:  Senator Ron Wyden Endangers Tax Reform With Hire of Radical Partisan Victor Fleischer, by Ryan Ellis:

While most Americans over the past two weeks were consumed with the drama and intrigue of the two party conventions, a major hire was made in Washington, D.C. which could have devastating negative implications for fundamental tax reform prospects in 2017.

Senate Finance Committee Ranking Member Ron Wyden (D-Ore.) has hired University of San Diego law professor Victor Fleischer as co-chief tax counsel. Should the Democrats gain a majority in the Senate this fall, Fleischer would have a key role in shaping the direction of tax reform discussions next year with the new president and with a presumably Republican House of Representatives. Wyden called Fleischer a “true outside thought leader in this space.”

That is very bad news if you were hoping to see fundamental tax reform finally become a reality next year.

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August 2, 2016 in Congressional News, Legal Education, Tax | Permalink | Comments (4)

Treasury Issues Proposed Regs To Limit Valuation Discounts For Fractional Interests

DiscountsWall Street Journal, U.S. Aims to Clamp Down on Tactic to Avoid Estate Tax:

The U.S. government on Tuesday proposed making it harder for wealthy business owners to transfer assets to heirs without paying estate and gift taxes.

The Treasury Department and Internal Revenue Service plan would place new limits on a common technique used to transfer interests in illiquid businesses.

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August 2, 2016 in Tax | Permalink | Comments (2)

What Every Law Student Really Needs To Know: An Introduction To The Study Of Law

ReallyJust in time for 1Ls starting classes in a few weeks, Tracey E. George (Vanderbilt) and Suzanna Sherry (Vanderbilt) have published the second edition of their wonderful book, What Every Law Student Really Needs to Know: An Introduction to the Study of Law (Wolters Kluwer 2016).  Tracey and Suzanna have posted a 12-page introduction to the book on SSRN:

Law school is an exciting and enriching experience but also an intimidating and difficult one for students. Students and professors want students to succeed. We have written this essay and a book in order to decrease students' anxiety and increase their chances of achieving academic success. We offer here a short introduction to how a new law student can succeed, taken from the Introduction and first chapter of the book. The full book serves as a law school success guide, featuring insight into how and why law school works the way it does and the tools and techniques to fully understand first-year substantive law. In addition to teaching techniques for getting the most out of reading and out of class, the book also conveys information about the American legal system and court structure, and about cross-cutting legal concepts such as burdens of proof and standards of review.

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August 2, 2016 in Book Club, Legal Education | Permalink | Comments (1)

San Francisco ‘Tech Tax’ Is Dead

Tech TaxFollowing up on my previous post, NY Times: San Francisco Considers 'Tech Tax' To Pay For Boom’s Downside:  Time, The San Francisco ‘Tech Tax’ Is Dead:

In a committee meeting on Monday, one of the more controversial proposals to bubble up in San Francisco in recent years was effectively killed. But the angst that the proposed “tech tax” exposed was left in its wake, after being put on display during an afternoon of commentary from lawmakers and members of the public.

The measure, intended for the November ballot, would have levied a 1.5% payroll tax solely on the booming tech sector, and the estimated $140 million in annual revenue from that special tax would have been earmarked for projects like housing the homeless and building affordable housing. While supporters argued that there was a Robin Hood-esque justice this would bring to the city — well-paid tech workers have flowed in and lower-income residents have been pushed out — critics like Supervisor Mark Farrell described the proposal as simplistic “scapegoating” that threatened to drive economic powerhouses to other places.

One of the city’s 11 lawmakers and the chair of the committee that stopped the measure from moving forward, Farrell opened by comparing the spirit of the tax to “the politics of Donald Trump,” describing him as one of “those who divide us.” The allusion did not sit well in a city where lawmakers are often distinguished by being progressive or moderate Democrats, leading at least one supporter of the measure to hold back tears of anger. While everyone agreed that rising rents and limited housing stock have reached crisis levels, there was not agreement on how much the tech boom is to blame, nor on what the true character of the tech industry is. ...

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August 2, 2016 in Tax | Permalink | Comments (0)

NY Times:  Donald Trump Ducks Tax Disclosure

Trump (2016)New York Times editorial, Donald Trump Ducks Tax Disclosure:

As Donald Trump’s tweets pile one atop another, generating sensational headlines, issues of true substance are tending to get lost in the shuffle. None is more important for voters to keep in mind than the failure of Mr. Trump to disclose his full income tax returns, something he is not likely to do by Election Day.

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August 2, 2016 in Political News, Tax | Permalink | Comments (1)

Department Of Education Panel:  'The ABA Is Nero, Fiddling While Much Of Legal Education Burns Down'

ABANLast month, I blogged the stunning news that the National Advisory Committee on Institutional Quality and Integrity (NACIQI) voted to recommend that the U.S. Department of Education suspend for one year the ABA's power to accredit new law schools due to the ABA's "lack of attention to student achievement."  The transcript for that meeting has now been released, and it is an extraordinary shot across the bow of legal education and the ABA.  I encourage folks to read the riveting back and forth, beginning at page 168.  The committee essentially accused the ABA of being Nero, fiddling while much of legal education burns down.

The committee said the ABA was focused on minutia.  On its own, the committee raised virtually every hot button issue facing legal education: rising tuition and student debt, declining bar passage and job placement rates, accreditation standards that drive up costs and for which the ABA admitted it had no data to support the educational benefit, protecting faculty at the expense of students, and the ABA's failure to punish law school perfidy.

The ABA Journal covers the hearing in Federal Panel 'Sent a Signal' to ABA About Law School Loans and Accreditation Enforcement. Deborah Jones Merritt (Ohio State) has a detailed (1,800 word) description of the hearing at Law School Cafe

It’s clear that the panel intended its action to “send a signal” to the ABA Council that accredits law schools. All of us in legal education need to hear that signal: It affects the standards we adopt for accrediting law schools, as well as the continued availability of federal loans for our students. ...

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August 2, 2016 in Legal Education | Permalink | Comments (13)

Richmond Seeks To Hire An Entry-Level Tax Prof

Richmond LogoThe University of Richmond School of Law seeks to fill two entry-level tenure-track positions for the 2017-2018 academic year, including one in tax law:

Candidates should have outstanding academic credentials and show superb promise for top-notch scholarship and teaching. The University of Richmond, an equal opportunity employer, is committed to developing a diverse workforce and student body and to supporting an inclusive campus community. Applications from candidates who will contribute to these goals are strongly encouraged.

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August 2, 2016 in Legal Education, Tax, Tax Prof Jobs | Permalink | Comments (0)

Documents Reveal Wendi Adelson's Odd Behavior After Murder Of Dan Markel

Markel & AdelsonTallahassee Democrat, Documents Reveal Early Markel Investigation:

The just released documents also shed new light on Wendi Adelson's behavior before and after her ex-husband's murder. ...

One of the reports describes an investigation into Jeffrey Lacasse, a former boyfriend of Wendi Adelson. Lacasse, an FSU professor, was cleared as a suspect a few days after Markel’s death.

Several weeks later, on Aug. 12, Lacasse contacted Tallahassee police investigators to tell them about text messages between him and Wendi Adelson he had been reviewing. He said he and Adelson made reservations to travel to California July 11 to 17. She canceled plans on June 4 – two weeks before Rivera and Garcia traveled to Tallahassee during what investigators say was a botched first attempt to kill her ex-husband.

Lacasse said Wendi and others had told him that three weeks after Markel was killed, her brother Charlie Adelson contacted her and asked her to go out and celebrate. That dinner was memorable. Wendi Adelson vomited on the table. Lacasse found that highly suspicious.

“He believed that Wendi Adelson may be indirectly responsible for the murder of her ex-husband, Daniel Markel," the Dec. 4, 2014 TPD report says. “When I informed him that Wendi was not a suspect, he stated ‘well she should be.’”

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August 2, 2016 in Legal Education | Permalink | Comments (6)

Law Profs Debate Solo Practitioner Earnings, Usefulness Of IRS Data

ABA Journal, How Much Do Solo Lawyers Make? More Than IRS Data Suggests, Law Profs Assert:

How much do solo lawyers make? According to a University of Tennessee law professor who examined IRS data, the answer was an average of about $49,000 a year in 2012. But can the IRS data be trusted?

The question is being debated by two blogging law professors who are challenging the figure by University of Tennessee law professor and book author [Glass Half Full The Decline and Rebirth of the Legal Profession (Oxford University Press, 2015) (blogged here, here, and here)] Benjamin Barton. In an article published by Business Insider last year, Barton said the average income for all solos fell 34 percent since 1967, when figures adjusted for inflation showed solos earned a little less than $74,000.

Two law professors who think the $49,000 is too low are Seton Hall University law professor Michael Simkovic, writing at Brian Leiter’s Law School Reports [How Much Do Lawyers Working in Solo Practice Actually Earn?], and Santa Clara University law professor Stephen Diamond, writing at his own blog [Flying Solo: Data Show Lawyers Can Earn a Decent Living on Their Own]. They both rely on Census data that suggests the number could be higher.

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August 2, 2016 in Legal Education, Tax | Permalink | Comments (17)

The IRS Scandal, Day 1181

IRS Logo 2Judicial Watch Press Release, FBI Interviews with Cincinnati IRS Employees Reveal DC Headquarters Delayed Tea Party Applications:

Judicial Watch today released 105 pages of newly obtained Federal Bureau of Investigation (FBI) “302” documents revealing that, beginning in 2010 and lasting through the Obama reelection campaign in 2012, the Obama IRS orchestrated a deliberate policy of burying conservative groups’ tax exemption applications in bureaucratic delays. Interviews with numerous Cincinnati IRS employees in mid-2013 reveal that “Tea Party” group applications were automatically denied approval and assigned to a special “Group 7822” for an extended “inventory” process while waiting for decisions from IRS headquarters in Washington, DC.  One IRS manager “asked why progressive cases were not segregated similar to the Tea Party cases, but she did not get any satisfactory answers.”  FBI “302” documents are detailed narratives of FBI investigation interviews. The Obama Justice Department and FBI investigations into the Obama IRS scandal resulted in no criminal charges.

According to a Cincinnati “Group Manager” interview in July of 2013:

Group 7822 was composed of 12 to 15 people and was simply a place for the Tea Party cases to be held in inventory while the agent waited to receive guidance from the Washington office. There had been no precedence previously on these issues. If the case said it supports politics and political activity, it would be put into Group 7822. [Redacted] and then [Redacted] held the cases in inventory.

A second Cincinnati Group Manager interviewed in July 2013 told the FBI 302 interviewers a similar story, pinning the blame directly on the IRS Washington headquarters:

In the 14-month period when [Redacted] had the cases, he would ask for updates on guidance and was told they were still waiting on DC. He recalls receiving emails with contradictory guidance on whether the 501-c-3 or 501-c-4 cases should be denied. It was his understanding that a team would come and work the Tea Party cases when the guidance was provided … Nobody told him directly where the delay was in resolving the Tea Party issue. DC is like a black hole.

The FBI 302 interviews with Cincinnati IRS employees reveal that the agency adopted a series of policies assuring that Tea Party and other conservative group tax exempt applications would not be approved before the November 2012 presidential election. The strategy relied upon the IRS’ multi-tier “bucketing” system that determined from the time an application was received whether it would be quickly approved or indefinitely delayed.

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August 2, 2016 in IRS News, IRS Scandal, Tax | Permalink | Comments (17)

Monday, August 1, 2016

Law Grad Salary Distribution By State

NALP. NALP's Salary Curve Disaggregated:

The bimodal distribution of salaries for jobs taken by new law school graduates shows quite clearly that the highest salaries are not the norm. At the time the Class of 2014 graduated, the typical high end of law firm salaries was $160,000, yet this salary accounts for less than one-fifth of salaries reported for full-time jobs lasting at least a year taken by the Class of 2014, while salaries in the $40,000-$65,000 range account for about half the salaries. Nonetheless, $160,000 remains the single most frequently reported salary.


NALP breaks down the salary distribution in the six states with 95% of the BigLaw jobs:  California, Florida, Illinois, New York, Texas, and Washington D.C.:


 NALP provides salary distribution charts for each of the six states.  Florida and New York offer the biggest contrasts:

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August 1, 2016 in Legal Education | Permalink | Comments (13)

Stiglitz:  Apple's Tax Strategy Is A 'Fraud'

Bloomberg, Stiglitz Calls Apple’s Profit Reporting in Ireland ‘a Fraud’:

Nobel economist Joseph Stiglitz said U.S. tax law that allows Apple Inc. to hold a large amount of cash abroad is “obviously deficient” and called the company’s attribution of significant earnings to a comparatively small overseas unit a “fraud.”

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August 1, 2016 in Tax | Permalink | Comments (9)

Chronicle:  To Ease Professors Into Retirement, A ‘Terminal Sabbatical’

SabbaticalChronicle of Higher Education, To Ease Professors Into Retirement, a ‘Terminal Sabbatical’:

Widener University administrators ... conceived of an option they’d like to begin offering soon: the terminal sabbatical. The idea is to allow eligible faculty members, on the basis of years of service, to take a one-year sabbatical from which they would then retire, without returning to the faculty. Julie E. Wollman, Widener’s president, says she hopes such a program would encourage more professors to retire by easing their transition out of campus life. ...

Administrators are just beginning to sketch out the specifics of their idea and to pitch it to faculty members, but they envision that a professor who takes a terminal sabbatical would continue to receive a salary and benefits for one year while doing the kind of research and writing one would do on a typical sabbatical. The year might also include some form of service to the university, like performing an analysis of a proposed program or helping to revamp curricula.

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August 1, 2016 in Legal Education | Permalink | Comments (4)

ABA Tax Section Accepting Nominations For 2017-2019 Public Service Fellowships

ABA Tax Section Logo (2012)The ABA Tax Section is accepting applications for Public Service Fellowships for 2017-2019:

The American Bar Association Section of Taxation is pleased to announce that it is now accepting applications for its Christine A. Brunswick Public Service Fellowship program class of 2017-2019. ...

The Christine A. Brunswick Public Service Fellowships provide funding for the Fellows’ salaries and benefits, as well as law school debt assistance, by means of charitable contributions to the Fellow's Sponsoring Organization. ... The Section plans to award up to two fellowships each year.

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August 1, 2016 in ABA Tax Section, Legal Education, Tax | Permalink | Comments (0)

Hemel & Ouellette:  Knowledge Goods And Nation-States

Daniel Hemel (Chicago) & Lisa Larrimore Ouellette (Stanford), Knowledge Goods and Nation-States, 101 Minn. L. Rev. ___ (2016):

The conventional economic justification for global IP treaties begins from the premise that nation-states, if left to their own devices, will rationally underinvest in innovation incentives such as IP laws, grants, tax credits, and prizes (the “underinvestment hypothesis”). Under this account, nation-states will free-ride on each other’s knowledge production unless they find some solution to their collective-action problem. The solution that nation-states have struck upon is international IP law: IP treaties harmonize domestic laws and thus ensure a baseline level of investment in knowledge production (the “harmonization hypothesis”). Moreover, IP is the only such solution available to nation-states because a global regime of grants, tax credits, or prizes would require a global public finance system — and no such system exists. IP is thus unique among innovation policy options in that it can be implemented at the international level (the “uniqueness hypothesis”). Previous authors have adopted this logic while lamenting its implications: IP appears to be a necessary evil in an interconnected world — necessary to solve the free-rider problem; lamentable because it results in sizeable deadweight losses.

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August 1, 2016 in Scholarship, Tax | Permalink | Comments (0)

Changes To TaxProf Blog

Over the past two weeks, I have received several emails like the following:

Thank you so much for your TaxProf blog. I've been a reader for at least a dozen years. Your blog has the most informative tax information available.

The last two weeks, however, you've interrupted my long-time late Friday night routine! You see, with the cares of my week behind me, and with at least one day of respite ahead of me, each Friday I look forward to reading your blog's four weekly "roundups." To my dismay, though, today is the second Friday in a row that no roundup has appeared. And no explanation has been given for the absence of this rewarding end-of-week treat.

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August 1, 2016 in About This Blog, Legal Education, Tax | Permalink | Comments (6)

IRS Acquiesces In Ninth Circuit Decision Giving Unmarried Couples Double The Mortgage Interest Deduction Available To Married Couples

The IRS has issued AOD 2016-02, 2016-31 IRB 193 (Aug. 1, 2016), acquiescing in the Ninth Circuit's decision in Voss v. Commissioner, 796 F.3d 1051 (9th Cir. 2015), which held that the § 163(h)(3) limitations on the deductibility of mortgage interest ($1 million of acquisition indebtedness plus $100,000 of home equity indebtedness) are applied on a per-taxpayer basis (for a total of $2.2 of mortgage debt for unmarried couples), rather than on a per-residence basis (and thus limited to $1.1 of mortgage debt for married couples), as previously argued by the IRS and decided by the Tax Court (138 T.C. 204 (2012)).

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August 1, 2016 in IRS News, New Cases, Tax | Permalink | Comments (2)

Harrison, Alum Debate State Of Florida Grad Tax Program: Is 80% Acceptance Rate A Sign Of Trouble, 45% Yield A Sign Of Strength?

Florida Logo (GIF)Following up on Thursday's post, Harrison: Florida Is 'Modernizing,' Not 'Dismantling,' Its Graduate Tax Program, which has generated 18 comments (thus far):  Jeff Harrison (Florida), So Many Questions:

Here is what I believe to be a reasonable comment over on the tax prof blog about the tax (non) "issues" at UF and my responses [in italics].  Two comments:

First, I think I have never seen any instances in which people who claim to have the best interests of a program at heart have done so much to communicate that it is declining. What are they thinking?

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August 1, 2016 in Legal Education, Tax | Permalink | Comments (2)

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August 1, 2016 in About This Blog, Legal Education, Tax | Permalink | Comments (0)

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August 1, 2016 in About This Blog, Legal Education, Tax | Permalink | Comments (0)

The IRS Scandal, Day 1180

IRS Logo 2World Tribune, ‘Smoking-Gun Documents’ Show IRS Knew About Targeting of Conservatives Before 2012 Election:

Top IRS officials knew the agency was targeting conservatives because of their ideology and political affiliation two years before disclosing it to Congress and the public, according to a Judicial Watch report released on July 28.

“Senior IRS officials knew that agents were targeting conservative groups for special scrutiny as early as 2011,” the report said.

Lois Lerner revealed the targeting in May 2013 when she responded to a planted question at an American Bar Association conference.

According to Judicial Watch, which obtained new documents from the FBI through a federal court order, then-acting IRS Commissioner Steven Miller wrote Lerner’s response: “They used names like Tea Party or Patriots and they selected cases simply because the applications had those names in the title. That was wrong, that was absolutely incorrect, insensitive, and inappropriate.”

“These new smoking-gun documents show Obama FBI and Justice Department had plenty of evidence suggesting illegal targeting, perjury, and obstruction of justice,” said Judicial Watch President Tom Fitton. “Both the FBI and Justice Department collaborated with Lois Lerner and the IRS to try to prosecute and jail Barack Obama’s political opponents. These FBI documents show the resulting compromised investigation looked the other way when it came to Obama’s IRS criminality.”

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August 1, 2016 | Permalink | Comments (0)

TaxProf Blog Weekend Roundup

Sunday, July 31, 2016

The Hunger Games: Valparaiso Law School Edition

Hunger Games ValpoFollowing up on my previous posts (links below):  David Frakt (Law Office of David Frakt, Orlando, FL), The Hunger Games—Valpo Edition:

According to the New York Times article, the school has now dramatically shrunk its entering class, and drastically cut its faculty and staff.  One might assume from these facts that Valpo has significantly tightened its admission standards.  Indeed, current Dean Andrea Lyon is quoted in the story as saying,  “I don’t think it’s moral to take someone’s money who can’t make it,”. . .  “It’s just wrong.”  While I agree wholeheartedly with this sentiment, there is little evidence that Valpo is now operating on the moral high ground. As the article notes, Valpo is still "taking risks on a lot of students."  Summing up Valpo's situation succinctly, the article states:: "Schools like Valparaiso essentially face the following choice: Admit a large number of marginal students, or shut down."

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July 31, 2016 in Legal Education | Permalink | Comments (7)

Buckles:  Religious Colleges That Embrace Heterosexual Monogamy Should Retain Their Tax Exemption Under Bob Jones, Despite Obergefell

Johnny Rex Buckles (Houston), The Sexual Integrity of Religious Schools and Tax Exemption:

Many private universities and other schools adhere to religiously grounded codes of conduct that embrace heterosexual monogamy as the sole moral context for sexual relationships. The federal income tax exemption of these schools has been questioned following the recent Supreme Court opinion of Obergefell v. Hodges. In Obergefell, the Supreme Court held that the right to marry is a fundamental constitutional right that same-sex couples may exercise. The relevance of this decision to the federal tax status of private religious schools arises from another Supreme Court decision, Bob Jones University v. United States. The Court in Bob Jones held that two schools with racially discriminatory policies as to students were not entitled to exemption from federal income tax because the policies violate established public policy. The issue now is whether the sexual conduct policies of private religious schools violate the established public policy of the United States following Obergefell.

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July 31, 2016 in Scholarship, Tax | Permalink | Comments (0)

The Top 5 Tax Paper Downloads

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

  1. [304 Downloads]  Dark Pools, High-Frequency Trading, and the Financial Transaction Tax: A Solution or Complication?, by Doron Narotzki (Akron)
  2. [264 Downloads]  Fiduciary Financial Advice to Retirement Savers: Don't Overlook the Prudent Investor Rule , by Max M. Schanzenbach (Northwestern) & Robert H. Sitkoff (Harvard)
  3. [211 Downloads]  Wealth Management, Tax Evasion and Money Laundering: The Panama Papers Case Study, by Ehi Esoimeme (Cardiff)
  4. [187 Downloads]  The U.S. Response to OECD-BEPS and the EU State Aid Cases, by Daniel Shaviro (NYU)
  5. [167 Downloads]  The Trojan Horse of Corporate Integration , by Edward D. Kleinbard (USC)

July 31, 2016 in Scholarship, Tax, Top 5 Downloads | Permalink | Comments (0)

Are Big Law Firms Wrecking Capitalism?

ReichThe American Lawyer: Are Big Law Firms Wrecking Capitalism?:

Robert Reich's contribution to the inequality debate [Saving Capitalism: For the Many, Not the Few (2016)] is to show how clients of large law firms use their power 
to shape the "free market" that we unthinkingly accept as a state of nature. In Reich's universe, rules define the market, and states create the rules. More precisely, elite lawyers create the rules. They also game them.

Attorneys are ever on the march in "Saving Capitalism," and usually in military formation. "Battalions of high-priced law firms" and "a squadron of high-priced legal talent" obstruct prosecution. Competition is stifled by "armies," "fleets," a "phalanx" and (where's the thesaurus?) "armies" of lawyers. Reich's table of contents reads a bit like a first-year law school transcript. The ways to rig the free market fall under the headings of Property, Monopoly, Contract, Bankruptcy and 

For a reader who knows where the bodies are buried, Reich's catalog of legal games may be taken as a between-the-lines indictment of The Am Law 100. ...

As a professor at the University of California, Berkeley, Reich envisions a future where robots displace most workers (including symbolic analysts). But with wise policy, a basic minimum income will allow us to devote our lives to art or ennobling hobbies—or to a job that expresses a deep personal commitment. Reich writes acidly that he's yet to meet bankers who see their job as a calling. He'd probably say the same for the lawyers who shuffle the bankers' papers. ...

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July 31, 2016 in Book Club, Legal Education | Permalink | Comments (0)

The IRS Scandal, Day 1179

IRS Logo 2Breitbart op-ed:  Congress Must Impeach the IRS Commissioner, by Reps. Jim Jordan (OH-4), Tim Huelskamp (KS-1) & John Fleming (LA-4):

Today Americans see two sets of rules: one for the powerful and politically connected and another for

ordinary Americans. They view the system as rigged — and they’re not wrong.

There’s a roster of Obama administration officials that have abused their offices and not been held accountable.

Former Director of the Exempt Organizations unit of the IRS Lois Lerner engaged in systematic targeting of conservative individuals and organizations for their political views. When it came to light, she first lied when she falsely blamed agents in Cincinnati. She then refused to answer questions in a Congressional hearing. And as a result, she was held in contempt of Congress.

Although held in contempt by the House of Representatives, no grand jury was ever convened and no charges were filed by the Department of Justice. Lois Lerner was able to retire quietly with full government benefits despite having abused Americans’ most fundamental liberties. ...

Perhaps the most egregious example is John Koskinen — Commissioner of one of the most powerful government agencies — the Internal Revenue Service.

John Koskinen’s Chief Counsel knew in February of 2014 that there were problems with Lois Lerner’s hard-drive. He waited four months before he told Congress. During that four month timeframe, with two congressional-subpoenas and three preservation orders in place, the IRS destroyed 422 back-up tapes containing as many as 24,000 emails.

Any American who has ever dealt with the IRS knows how important document preservation, full disclosure, and transparency is. A wrong move could get you fined — or worse, land you in jail. No private citizen

being audited by the IRS could get away with such behavior. Why should John Koskinen?

In Federalist No. 65, Alexander Hamilton wrote that the power to impeach a civil servant should protect the public against “the abuse or violation of some public trust.” Time and time again, Koskinen both abused his power and violated the public’s trust in the IRS.

The primary — perhaps the only — argument against impeachment of the IRS Commissioner is that it hasn’t been done before. To date, no head of a government agency has been impeached by Congress — and that might be part of the problem.

It is clear Congress should be doing more to hold agencies accountable, not less. The facts show that impeachment is appropriate, but the House has to show the American people that it has the fortitude to do the right thing and finally hold this administration accountable.

Unless Congress acts, IRS Commissioner Koskinen – like Lerner, Holder, and Clinton– will be able to get away with abuse of his office as well.

Earlier this month, the House Freedom Caucus made a privileged motion on the House floor calling up articles of impeachment of Commissioner John Koskinen. The House of Representatives should immediately bring this to the floor for a vote. The American people deserve nothing less.

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July 31, 2016 in IRS News, IRS Scandal, Tax | Permalink | Comments (0)

Saturday, July 30, 2016

This Week's Ten Most Popular TaxProf Blog Posts

Tennessee Seeks To Hire A Tax Clinician

Tennessee LogoThe University of Tennessee College of Law invites applications from both entry-level and lateral candidates for two full-time, tenure-track faculty positions to commence in the 2017 Fall Semester:

Candidates should have a particular interest in either business law teaching, including business associations and contracts, or transactional clinical teaching in business, taxation, intellectual property, community economic development, or health care that offers students transferable legal skills.

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July 30, 2016 in Legal Education, Tax, Tax Prof Jobs | Permalink | Comments (0)

Hillary Clinton Moves Left On Taxes

ATRPolitico, Morning Tax: Corporate Tax Left in the Lurch?:

Hillary and Corporate Taxes, Cont'd:
Is that sound you hear the Democratic Party moving left on taxes?

Neera Tanden, a key adviser to Democratic nominee Hillary Clinton, scoffed in Philadelphia at the idea that the corporate tax rate needs a cut — noting that companies’ bottom lines seem to be doing just fine, even with the top rate of 35 percent, and suggesting that average Americans aren’t concerned over whether corporations get a lower rate.

Republicans have knocked President Barack Obama for not really having his heart in tax reform, but this White House did release a framework to reduce the corporate rate to 28 percent. (Manufacturers would have the chance to get down to 25 percent.)

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July 30, 2016 in Political News, Tax | Permalink | Comments (0)

Why Are Older Women Leaving Big Law?

National Law Journal, Why Are Older Women Leaving Big Law?:

You hear this so often that you probably take it as holy gospel: Women bail out of Big Law because of the impossibility of balancing the demands of work and home. Being a big firm lawyer, as every Manhattan third-grader knows, is an unforgiving, pressured job; and women, no matter their professional status, bear the lion’s share of responsibilities at home. When push comes to shove, so goes the theory, women drop out to take care of the homefront.

Although I’ve written countless articles on the difficulties of work/life balance for women, I’ve never completely bought that explanation. I always found it too pat, as if women, no matter how accomplished and ambitious, will inevitably pick motherhood above everything else. Besides, it’s not as if all those childless women have such an easy time rising to the top, either.

Recent research by ALM Intelligence seems to confirm my hunch. Besides the usual dreadful news about how women make up only 18 percent of equity partners and only 8 percent of lawyers earning more than $500,000 (yes, that’s not a typo), the research shows that women are steadily leaving firms, including those who are past their child-bearing years. As Nicholas Bruch, senior analyst at ALM Legal Intelligence, writes:

“What is known is that women do not leave the law disproportionately at a specific time in their lives or careers. The analysis of ALM’s Rival Edge database below reveals that women trickle out of Big Law by a few percentage points per year of age. The analysis shows that among 30-year-old lawyers at Big Law firms, women comprise 45 percent. Among lawyers who are 40 years old, however, women only comprise 41 percent, a decrease of 4 percentage points. By age 50, women only make up 27 percent of the lawyers, a change of 14 percentage points.”


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July 30, 2016 in Legal Education | Permalink | Comments (12)

The IRS Scandal, Day 1178

IRS Logo 2Salt Lake City Tribune, IRS Chief Says Chaffetz’s Drive to Oust Him Will Leave Few Wanting Top Federal Jobs:

IRS Commissioner John Koskinen says Utah Rep. Jason Chaffetz's relentless drive to impeach him will scare good people away from entering government service and is damaging his agency.

"If this is the signal we are sending to people thinking about coming to take a senior position in government, it's going to make it harder for good people to come in," Koskinen told reporters during a visit Wednesday to the Ogden IRS service center.

He adds that Republicans have slashed the IRS budget to punish him and the agency. With that, the Ogden center has lost 1,300 employees through attrition over the past five years — leaving about 5,000 there — and customer service is suffering.

Chaffetz, a Republican, fired back that if Koskinen wants to stop such perceived damage, "He can solve this himself by doing the right thing for the nation and stepping aside. He is so egotistical that he can't bear to do that." ...

"It goes beyond me. My concern is that no appointed official has been impeached for 140 years. So if we are suddenly, on relatively poorly supported facts, going to start attacking senior officials, people in the private sector" will have second thoughts about public service.

They will think, "It doesn't look like much fun," he said. "You get yelled at a lot in a hearing," and Congress may try "to impeach you." House Republicans even sought, he said, to reduce his salary to zero or take away his pension.

Future presidents may discover that it is "harder to find people who want to be Cabinet secretaries, deputy secretaries, agency heads," he said. "It's going to be interesting to see who wants to take this seat next." ...

Chaffetz responded in a telephone interview. "He may say it has been fixed, but the GAO [Government Accountability Office, a research arm of Congress] begs to differ."

Chaffetz said Koskinen "has not solved this problem. He has exacerbated it." Also, "I think he provided false testimony to Congress. There should be a consequence."

Koskinen said he plans to serve until his term ends in November 2017. "I have no intention of being hounded out of office." ...

Chaffetz added, "We're not going to have productive interactions with the IRS as long as he's the commissioner. ... I do think it's affecting tens of thousands of workers in a very negative way. That's his choice, not mine."

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July 30, 2016 in IRS News, IRS Scandal, Tax | Permalink | Comments (5)

Friday, July 29, 2016

Tennessee To Become Income-Tax-Free State No. 8

TennesseeForbes:  Tennessee To Become Income-Tax-Free State No. 8, by Ashlea Ebeling:

You retire to an income-tax-free state and you don’t expect to pay any income tax. So imagine the surprise a former California couple in their 60s got when they went to a tax preparer in Tennessee for help with their 2015 federal tax return, and she gave them the news that they owed $1,200 in taxes to Tennessee on their capital gains, interest and dividend income, thanks to the 6% state “Hall Tax.”

“A lot of seniors come to Tennessee, and they get a surprise: We have a tax on people who have done things correctly by saving for retirement,” says Friday Burke, an enrolled agent in Brentwood, Tenn. The retired California couple had $125,000 in overall taxable income, including $28,000 in interest, dividends and capital gains, $20,000 of which was subject to the Hall Tax. “That’s $1,200 they hadn’t budgeted,” says Burke.

The good news she was able to deliver to the couple is that the Hall Tax is on its way out. It was one of a trifecta of taxes that kept Tennessee on the list of states unfriendly to business owners and retirees. The state’s gift tax was repealed effective Jan. 1, 2012. The state’s estate tax was repealed effective Jan. 1, 2016. And now the Hall Tax is repealed—as of Jan. 1, 2022. In the meantime, the tax rate was cut from 6% to 5% retroactive to Jan. 1, 2016, and the legislature is meant to decrease the rate one percentage point a year, assuming the state meets certain revenue targets. ...

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July 29, 2016 in Tax | Permalink | Comments (1)

Federal Government To Expand Tracking Of Luxury Home Buyers To LA, San Diego, San Francisco & San Antonio

SothebyFollowing up on my previous post, Federal Government To Start Tracking Luxury Home Buyers, Beginning In Miami (>$1m), NYC (>$3m):  New York Times, U.S. to Expand Tracking of Home Purchases by Shell Companies:

More than a quarter of the all-cash luxury home purchases made using shell companies in Manhattan and Miami were flagged as suspicious in a new effort to unearth money laundering in real estate, the Treasury Department said Wednesday. As a result, officials said they would expand the program to other areas across the country.

The expansion of the effort to identify and track the people behind shell companies, begun in March, means that there will now be increased scrutiny of luxury real estate purchases made in cash in all five boroughs of New York City, counties north of Miami, Los Angeles County, San Diego County, the three counties around San Francisco and the county that includes San Antonio.

The examination, known as a geographic targeting order, is part of a broad effort by the federal government to crack down on money laundering and secretive shell companies.

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July 29, 2016 in Tax | Permalink | Comments (0)

The Average Full-Time College Student Spends 2.76 Hours Per Day On Education-Related Activity

Heritage Foundation, Big Debt, Little Study: What Taxpayers Should Know About College Students’ Time Use:

Full-Time College Is Typically a Part-Time Endeavor
Based on data from the Bureau of Labor Statistics’s American Time Use Survey from 2003–2014, during the academic year, the average full-time college student spent only 2.76 hours per day on all education-related activities, including 1.18 hours in class and 1.53 hours of research and homework, for a total of 19.3 hours per week.

Full-time high school students, in comparison, spent 4.32 hours per day on all education-related activities, including 3.42 hours in class and 0.80 hours of research and homework, for a total of 30.2 hours per week. Thus, full-time college students spend 10.9 fewer hours per week on educational activities than full-time high school students. ...


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July 29, 2016 in Legal Education | Permalink | Comments (9)

Customers Flock To Ride-Sharing Companies Like Uber/Lyft As Higher Taxes Penalize Car-Sharing Companies Like Zipcar/Car2Go

ULZCWall Street Journal, Car-Sharing Industry Carries Heavy Tax Burden:

Local taxes put Zipcar and Car2Go at a disadvantage in competing with ride-hailing services Uber and Lyft, research by DePaul University shows.

For the millions of Americans without cars, daily errands often require a quick calculation: Is it cheaper and quicker to hail a ride, via apps such as Uber or Lyft, or to use a car-sharing service, such as Zipcar or Car2Go?

Local governments around the country are tipping the scales and helping to shape the industry’s winners and losers. In recent years, cities have increased taxes on the car-sharing industry but not ride-hailing, according to new research into the competitive landscape of the fledgling industries.

Of the 40 largest U.S. cities, 29 apply taxes of more than 10% on one-hour car-sharing trips, including nine cities with effective tax rates above 30%, according to an analysis of car-sharing taxes by Joseph Schwieterman and Heather Spray of DePaul University’s Chaddick Institute for Metropolitan Development [When Sharing Is Taxing: Comparing the Tax Burden on Carsharing Services in Major U.S. Cities] ...

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July 29, 2016 in Tax | Permalink | Comments (0)

Herzig:  Elective Taxation On Inbound Real Estate Investment

David J. Herzig (Valparaiso), Elective Taxation on Inbound Real Estate Investment, 2016 U. Ill. L. Rev. 1025:

Since 1980, the United States has taxed U.S. real property gains of foreign investors. A nonresident must pay tax on the capital gain from the sale of U.S. real property or rights in U.S. real property, as well as on the sale of shares in non-publicly held domestic corporations that hold significant U.S. real property assets. The United States imposes a withholding liability on the purchaser based on a percentage of the purchase price. Moreover, by owning U.S. real property, foreign investors are subject to Internal Revenue Service (‘‘IRS’’) investigatory powers. Because of these rules, foreign investors spend significant resources to structure investment in U.S. real property assets to avoid being deemed an owner of the underlying real property for taxation purposes. This has rendered the underlying statute, the Foreign Investment in Real Property Act of 1980 (‘‘FIRPTA’’), elective. This electivity results in the United States exhibiting tax haven characteristics for inbound real estate investments. Rather than tightening the rules to eliminate this friction, Congress has recently proposed even looser requirements. The resulting narrative by practitioners and policy makers is that FIRPTA should be eliminated. The United States currently needs more, not less, collection of taxation. The fact that FIRPTA is either easily arbitraged or not properly collected should not result in the repeal.

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July 29, 2016 in Scholarship, Tax | Permalink | Comments (0)

Law Schools' Tech-Training Conundrum: If We Teach Them, Will They Get Jobs?

Law LabNational Law Journal, Law Schools' Tech-Training Conundrum: If We Teach Them, Will They Get Jobs?:

A growing number of law schools are offering students a curriculum or training around project management, automation and analytics, hoping to create a pipeline of talent that would quicken innovations that could challenge the current Big Law model. 

The Illinois Institute of Technology’s Chicago-Kent College of Law became the latest school with such a program. .... It joins legal technology certificate programs at Suffolk University Law School, a multischool program called Law Without Walls and Michigan State University College of Law, where the professor running Chicago-Kent’s new The Law Lab, Dan Katz, started a similar program [LegalRnD).

About a dozen other schools, including Columbia Law School and the University of Pennsylvania Law School, offer legal-tech clinics or seminars, professors in the area said. And Cornell Law School will welcome its first students in September for an LLM class in Law, Technology and Entrepreneurship.

But even as one slow gear in the legal market begins to turn, forward-thinking law professors still face a dilemma related to the pace of change among those around them. Namely, is the industry evolving fast enough to create demand for these tech-savvy graduates?

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July 29, 2016 in Legal Education | Permalink | Comments (1)