TaxProf Blog

Editor: Paul L. Caron
Pepperdine University School of Law

Wednesday, December 7, 2016

UMass Law School Gains Full ABA Accreditation, Needs To Double Enrollment (From 66 1Ls) To Be Financially Sustainable

UMass 2The ABA Section of Legal Education And Admissions to the Bar announced yesterday that it has granted the University of Massachusetts School of Law-Dartmouth full accreditation.  

Boston Globe, UMass Law School Gains Full Accreditation:

The school operates on about $9.3 million annually and is projected to run a $3.3 million deficit this year, down from $3.8 million last year. Since UMass took over the law school in 2010, the subsidy has totaled $15.3 million, according to UMass.

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December 7, 2016 in Legal Education | Permalink | Comments (1)

Americans Are Paying Apple Millions To Shelter Overseas Profits, Thanks To I.R.C. § 956(c)(2)

Apple TreasuryBloomberg: Americans Are Paying Apple Millions to Shelter Overseas Profits, by Andrea Wong:

Over the years, Apple Inc. has become the poster child for U.S. multinationals accused of sheltering overseas profits to avoid the IRS. What’s gone largely unnoticed is that it’s been paid more than half a billion dollars by the U.S. government to do just that.

Taking advantage of an exemption tucked into America’s Byzantine tax code, Apple stashed much of its foreign earnings—tax-free—right here in the U.S., in part by purchasing government bonds, according to people with direct knowledge of the matter. In return, the Treasury Department paid Apple at least $600 million and possibly much more over the past five years in the form of interest, a Bloomberg review of its regulatory filings shows.

The untold story of Apple and its taxes wends its way from Cork, Ireland, to New York and then Reno, Nevada. But according to tax experts interviewed by Bloomberg News, the maker of iPhones is hardly unique. Many of the biggest U.S. multinationals have seized on the same exemption, which lets them avoid or delay repatriation taxes by buying Treasuries with their overseas cash. (The top 10 alone hold over $100 billion of the bonds.) That, in effect, enables the companies to turn billions of dollars in potential tax liabilities into millions of dollars in taxpayer subsidies—all while they publicly bemoan the sky-high taxes that make it impossible for them to bring the money home.

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December 7, 2016 in Tax | Permalink | Comments (1)

Katherine Magbanua Pleads Not Guilty To First Degree Murder In Killing Of Dan Markel, Trial Set For February; Prosecutors Still Hope She Will Implicate Adelsons

MagnaubaTallahassee Democrat, Katherine Magbanua Pleads Not Guilty in Markel Killing:

Katherine Magbanua is not working with investigators, instead pleading not guilty and requesting a February trial date on charges of first degree murder in the shooting of Dan Markel.

Magbanua, a prime suspect in orchestrating the murder-for-hire plot of the renowned Florida State law professor, is the third person charged in his 2014 killing.

Tuesday, she sat in the same Leon County courtroom as the suspected gunman and father of two of her children Sigfredo Garcia. The two did not make eye contact save for a quick glance after the 31-year-old Magbanua entered her plea alongside her two Miami attorneys. A trial date has been set for Feb. 27. She was indicted on first-degree murder charges last week. ...

Chief Assistant State Attorney Georgia Cappleman said she would like to strike a deal with Magbanua similar to one made with former defendant Luis Rivera that led to her arrest.

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December 7, 2016 in Legal Education | Permalink | Comments (7)

Kleinbard:  The Why And How Of The Dual Business Enterprise Income Tax ('Dual BEIT')

Edward Kleinbard (USC), Capital Taxation in an Age of Inequality:

The standard view in the U.S. tax law academy remains that capital income taxation is both a poor idea in theory and completely infeasible in practice. But this ignores the first-order importance of political economy issues in the design of tax instruments. The pervasive presence of gifts and bequests renders moot the claim that the results obtained by Atkinson and Stiglitz (1976) counsel against taxing capital income in practice.

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December 7, 2016 in Scholarship, Tax | Permalink | Comments (1)

Who Is To Blame For UC-Hastings 'Horrific' 51% Bar Pass Rate?

UC-Hastings Logo 3Above the Law, Who’s To Blame For School’s ‘Horrific’ Bar Results? Maybe The California Bar Examiners.:

The California Bar Examiners have sent letters to law schools informing them of their passage rates. For UC Hastings, acting Dean David Faigman was on the receiving end of “horrific” news. The July 2016 passage rate for first-time takers from Hastings was a mere 51 percent.

Holy hell.

Faigman certainly doesn’t sugarcoat it in a message sent to the Hastings community. He calls it unacceptable. He highlights that the school is 11 points below the state average. He outlines concrete efforts the school will make to help those who failed. He explains that he’s already taken steps designed to improve passage rates going forward. You can read his entire message and evaluate his proposals for yourself here. ...

Faigman makes one other subtle — but vitally important — point in his letter that he carefully notes isn’t an excuse, but that deserves attention nonetheless:

As an aside, let me express my utter incredulity with the conduct of the Committee of Bar Examiners of the State Bar of California. The pass-rate for first-time takers of ABA accredited California law schools was 62%. In comparison, New York’s bar-pass rate was 83%. The California Bar is effectively saying that 38% of graduates from ABA accredited law schools are not qualified to practice law. This is outrageous and constitutes unconscionable conduct on the part of a trade association that masquerades as a state agency.  [See also More On The California Bar Exam Carnage.]

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December 7, 2016 in Legal Education | Permalink | Comments (19)

Could President Trump Sell His Businesses, Tax-Free?

Trump (President Elect)Following up on my previous post, Trump’s Emolument Tax Problem:  Steven M. Rosenthal (Tax Vox), Could President Trump Sell His Business, Tax Free?:

Yesterday, President-elect Trump tweeted he would leave his businesses “in total” to reduce his potential conflicts as President. The Office of Government Ethics (“OGE”), tweeted its praise for his remarks, and encouraged him to divest his interests rather than merely transfer control. But could Trump avoid paying tax on any profits from the sale of his businesses? Surprisingly, the answer may be yes. The law is ambiguous, a 50/50 proposition in my view.

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December 7, 2016 in Tax | Permalink | Comments (1)

The IRS Scandal, Day 1308:  House Votes To Send Koskinen Impeachment Back To Judiciary Committee

IRS Logo 2Wall Street Journal: House Turns Aside Vote on IRS Chief Impeachment: Vote Demonstrates Lack of Appetite Among Republicans For Pursuing Case Against John Koskinen, by Richard Rubin:

The House of Representatives turned aside an attempt by conservative hard-liners to impeach IRS Commissioner John Koskinen for his handling of congressional investigations into the tax agency.

Instead, in a 342-72 vote, the House sent the issue back to the Judiciary Committee, which hasn’t held a formal impeachment hearing or voted on the matter.

The vote demonstrated the lack of appetite among rank-and-file House Republicans for pursuing Mr. Koskinen’s impeachment, and Judiciary Committee Chairman Bob Goodlatte (R., Va.) said the move would ensure Mr. Koskinen gets due process.

A senior Republican aide said officials from the incoming administration of President-elect Donald Trump told members of the House Freedom Caucus, a group of conservative members who helped push the vote, that they wanted to avoid a showdown over to IRS commissioner because of the potential impact on the legislative process.

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December 7, 2016 in IRS News, IRS Scandal | Permalink | Comments (3)

Tuesday, December 6, 2016

Amiram Presents Tax Avoidance At Public Corporations Driven By Shareholder Taxes Today At Columbia

AmiranDan Amiram (Columbia) presents Tax Avoidance at Public Corporations Driven by Shareholder Taxes: Evidence from Changes in Dividend Tax Policy (with Andrew M. Bauer (Illinois) & Mary Margaret Frank (Virginia)) at Columbia today as part of its Davis Polk & Wardwell Tax Policy Colloquium Series hosted by Alex Raskolnikov and Wojciech Kopczuk:

We exploit exogenous changes in country-level corporate-shareholder tax integration systems to identify the effect of investor-level taxes on corporate tax avoidance. Specifically, we rely on the elimination of imputation systems by European countries in different years, in response to supranational judicial rulings. Under an imputation system, lowering corporate tax payments does not increase the cash flows available to shareholders after dividend taxes, but it does so after their elimination. Using a difference-in-difference model with fixed effects, we find that the average firm affected by the change reduces its cash effective tax rate by 17% relative to the eliminating group’s average statutory tax rate. Additional placebo tests provide evidence that supports this effect is present only in the countries and years in which the elimination occurs. Our results are partially driven by shifting income to foreign countries. Lastly, as expected, our results are more pronounced in closely held firms, firms with lower foreign income and firms with higher dividend payout.

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December 6, 2016 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Illinois Dean Offers Qualified Support For ABA's Proposed 75% Bar Passage Accreditation Requirement

ABA Section On Legal Education (2016)Vikram Amar (Dean, Illinois), Thoughts On The ABA’s Proposed Tightening Of Bar Pass Standards:

A number of law deans have recently weighed in on proposed changes to the ABA’s standards for bar passage outcomes that law schools would (if the proposals are enacted) need to satisfy to remain accredited. The proposal requires at least 75% of the students from each law school’s graduating class who take a bar exam to pass within two years of the date of graduation. ...

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December 6, 2016 in Legal Education | Permalink | Comments (1)

Hemel & Herzig:  The Art Of The (Budget) Deal—Using Reconciliation To Repeal ObamaCare And Pass Tax Reform

Daniel Hemel (Chicago) & David Herzig (Valparaiso), The Art of the (Budget) Deal, Yale J. on Reg.: Notice & Comment (Dec. 2, 2016):

Republicans on Capitol Hill are reportedly planning to use the filibuster-proof budget reconciliation process to repeal the Affordable Care Act and overhaul the tax code. Against that background, Sam Wice says that “the most powerful person in America” in 2017 will be Senate Parliamentarian Elizabeth MacDonough, the nonpartisan official who will “determine” how much of their agenda Republicans can pass through reconciliation. This, of course, is an exaggeration: like it or not, the most powerful person in America in 2017 will be Donald J. Trump, who will wield all the power of the imperial presidency. But Wice’s post helpfully directs our attention to the budget reconciliation process, the rules of which quite likely will determine whether the Republican leadership on Capitol Hill can repeal the ACA and reform the tax laws.

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December 6, 2016 in Scholarship, Tax | Permalink | Comments (0)

Mitchell Hamline Revamps Weekend J.D. Program To Require Students To Be On Campus Only 7 (Rather Than 13) Weekends Per Semester

Mitchell HamlineFollowing up on Sunday's post, Loyola-Chicago, Mitchell Hamline, And Seton Hall Offer Weekend J.D. Programs:  Mitchell Hamline announced yesterday that it has revamped its weekend J.D. program so that 

[students] only need to be present on campus seven weekends a semester instead of 13, which opens the program up to people who are working full-time and live in cities like Atlanta, Chicago, Denver, or anywhere that has direct flights to the Twin Cities.

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December 6, 2016 in Legal Education | Permalink | Comments (1)

Donald Trump:  'A Socratic Method Guy' — The 'Professor Kingsfield Of Presidents'?

CBS Face the Nation (Dec. 4, 2016):  Reince Priebus on Donald Trump:

He is a details guy. ...  I would say it’s he’s a Socratic method guy. It kind of reminds me of being back in law school. He asks a lot of questions, asks questions about questions. And he will keep going until he’s satisfied with the information that he’s getting.

Kingsfield Trump 2

December 6, 2016 in Legal Education, Political News | Permalink | Comments (0)

Business Income And Business Taxation: How The U.S. Could Kill The Corporate Tax

Conor Clarke (Ph.D. 2017, Yale) & Wojciech Kopczuk (Columbia), Business Income and Business Taxation in the United States Since the 1950s:

In theory, the U.S. tax system aims to attribute and tax all business income to individuals. But the tax treatment of this income varies. Pass-through income is taxed when earned; capital-gains income is taxed when realized; dividends when distributed; other forms of business income may escape taxation entirely. Business owners often have control over the timing and character of their income: They can often choose, for example, between reporting business income or deducting it as wages or fringe benefits. And laws change, changing the incentive and ability to shift income between the individual and corporate sectors.

We integrate a wide variety of tax data to document the large long-run changes in the structure of business income and business taxation in the United States. These changes include the degree to which business incomes are taxed on a realization versus an accrual basis, the extent to which taxation is deferred, and the share of business income that is ultimately subject to taxation. We highlight the evolving relevance of retained earnings in the changing corporate sector and their relationship to equity values and unrealized capital gains. We also document the evolution of individual income components — profits of pass-through entities, dividends, and capital gains (both taxable gains and those escaping taxation through step-up). As a result of these changes, business incomes are increasingly taxed through personal income taxes instead of a combination of corporate and personal taxes. In particular, this implies that the observability of business incomes on personal income tax returns has improved over time, a fact that has implications for measuring and understanding the income distribution

Bloomberg View: How the U.S. Could Kill the Corporate Tax, by Leonid Bershidsky:

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December 6, 2016 in Scholarship, Tax | Permalink | Comments (0)

39 Private College Presidents Earned > $1 Million In 2014 (Up From 32 In 2013)

ChronicleChronicle of Higher Education, 39 Private-College Leaders Earn More Than $1 Million:

A total of 39 leaders of private colleges earned more than $1 million during the 2014 calendar year. The number of leaders with compensation above $1 million was up from 32 the year before. The average pay of private-college leaders, including those who served partial years, was $489,927 in 2014. Among presidents who served the whole year, average pay was $512,987. Leaders who served full years in both 2013 and 2014 saw a pay increase of 8.6 percent.

Here are the ten most highly compensated private college presidents:

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December 6, 2016 in Legal Education | Permalink | Comments (3)

The IRS Scandal, Day 1307: Group Seeks Summary Judgment On Claim That Rev. Rul. 2004-6 Is So Vague That It Allows The IRS To Target Conservative Groups

IRS Logo 2Plaintiff's Reply Brief in Support of its Motion for Partial Summary Judgment, Freedom Path v. Lerner, No 3:14‐CV‐1537‐D (D.C. N.D. TX) (citations omitted):

The Government argues that the jeopardy for any group facing the “facts and circumstances” test is neither (1) being subjected to an unconstitutionally vague process nor (2) a chilling of its constitutionally‐protected speech. But the Government is incorrect in both respects, and even a cursory analysis of the “facts and circumstances” test reveals a regulatory test that is unconstitutional under the First and Fifth Amendments to the United States Constitution.

Over the years, the Internal Revenue Service has made clear that social‐welfare organizations, which are organized under § 501(c)(4) of the Internal Revenue Code, may make political communications so long as those communications are not “the primary purpose” of the organization. Those political communications are speech, and the ability to engage in it is an enormous benefit to social welfare organizations. Yet it is the IRS, which employs an unconstitutional test to analyze these organizations’ activities, that plays gatekeeper for such speech. And because the “facts and circumstances” test of Revenue Ruling 2004‐6 is so vague and overly broad, it allows the IRS—whether purposeful or not— to provide the benefit of speech for groups whose political persuasions the IRS prefers and to deny it to groups whose political persuasions the IRS dislikes. ...

Finally, the Government notes that Freedom Path, or any other social‐welfare organization or tax‐exempt applicant, may appeal any adverse determination the IRS may make in the future. But an appeal that adjudicates results created by an unconstitutional process—especially without the opportunity to first challenge the process itself—is, in fact, no remedy at all.

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December 6, 2016 in IRS News, IRS Scandal, Tax | Permalink | Comments (0)

Monday, December 5, 2016

Markovits Presents Meritocracy And Its Discontents Today At NYU

MarkovitsDaniel Markovits (Yale) presents Meritocracy and Its Discontents at NYU today as part of its High-End Inequality Colloquium Series (more here) hosted by Robert Frank (Cornell) and Dan Shaviro (NYU):

Aristocracy and meritocracy are commonly considered opposed, even opposite, ideals. According to the common view, where aristocracy entrenches fixed accidents of birth, meritocracy promotes equality of opportunity. And where aristocracy allocates advantage according to morally arbitrary heredity, meritocracy allocates advantage to track morally meaningful contributions to the social product, or common good.

In fact, the meritocratic achievement that we celebrate today, no less than the aristocratic virtue acclaimed in the ancien régime, is again a sham. What is conventionally called merit is actually an ideological conceit, constructed to launder a fundamentally unjust allocation of advantage.

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December 5, 2016 in Colloquia, Scholarship, Tax | Permalink | Comments (2)

Chronicle Of Higher Education Special Report:  Faculty Retirement Incentives

ChronicleChronicle of Higher Education Special Report, Retirement Incentives:

How to help faculty members view retirement as an opportunity, not a threat.

CHEGreasing the Retirement Wheel at UCLA:

Senior scholars, of course, can benefit a college with their deep knowledge and research. But colleges are under pressure to encourage turnover in their faculty ranks. Tighter budgets, especially at public universities, are made even tighter by the higher salaries and health-care expenses of older faculty members. And efforts to bring in a younger and more diverse faculty may depend on older professors’ leaving their jobs to create open positions.

To help encourage retirement, colleges have usually focused on money, offering buyouts and other financial packages. But at UCLA and many other colleges, there is an increasing recognition that administrators also need to deal with the psychological barriers to retirement — to help faculty members know that retiring isn’t necessarily the end of their relationship with the university, or of their own scholarly identity. Retirement, the administrators say, must not be seen as stepping off the edge of an academic cliff. ...

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December 5, 2016 in Legal Education | Permalink | Comments (0)

IRS Releases Final Report On Richest 400 Americans

Forbes 400For the final time, the IRS has released its annual analysis of the richest 400 American taxpayers (The 400 Individual Income Tax Returns Reporting the Largest Adjusted Gross Incomes Each Year, 1992–2014):

This release contains four tables which contain information from the Top 400 Individual Income Tax Returns for each of Tax Years 1992 through 2014. Table 1 contains frequencies, money amounts, and average dollar amounts for the major income, deduction, and tax credits reported as part of the Form 1040 (U.S. Individual Income Tax Return). Table 2 shows ranges of marginal tax rate for the various statutory rates (including the alternative minimum tax rates) that were in effect for Tax Years 1992 through 2014 while Table 3 shows the range of average tax rates up to 35 percent and over, computed as total income tax divided by adjusted gross income.

The data in Tables 1–3 are based on the individual returns with the largest adjusted gross income reported each specific year shown and do not necessarily reflect the same taxpayers over the 23-year time period reflected. Therefore, Table 4 is available to present the number of times an individual return appeared among the 400 largest adjusted gross incomes for each of tax years 1992 through 2014.

Beginning with Tax Tear 2014, the annual October release of Individual Income Tax Return percentile data now includes a new table (Table 3) that contains all of the item content found in the top 400 data release. In addition, this new table shows data at the .001 percentile level—which in 2014 represented the top 1,396 returns. This is a more analytically useful tabulation compared to the top 400 tabulation in that it provides a longitudinally consistent data point relative to the entire percentile distribution.  As the number of returns increases with the growth of the economy, the number of returns in the .001 percentile will increase proportionally as well thus allowing for a consistent high-income data series.

As a consequence, the top 400 data series will be discontinued after Tax Year 2014.

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December 5, 2016 in IRS News, Tax | Permalink | Comments (0)

IRS Releases Fall 2016 SOI Bulletin

Left, Right Slam Trump's Carrier Tax Deal

More On The California Bar Exam Carnage

CaliforniaFollowing up on my previous post, July 2016 California Bar Exam Carnage: Robert Anderson (Pepperdine), Breaking Down the California Bar Exam:

First, the California bar exam is the second-toughest in the country, with only Delaware having a more difficult exam. There are actually large differences in the difficulty of passing the various state bars. Some bars are extremely easy, and a few are very difficult. Unfortunately California has one of the difficult ones. The "difficulty" of the exam is based on the passing Multistate Bar Exam "cut score," which is 144 in California. Most states have passing scores that are much lower.

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December 5, 2016 in Legal Education | Permalink | Comments (2)

The IRS Scandal, Day 1306:  Government Rejects Claim That Rev. Rul. 2004-6 Allows The IRS To Target Conservative Groups

IRS Logo 2Law360, IRS Defends Test Used To Determine Nonprofit Status:

Federal attorneys defending the Internal Revenue Service against accusations it used an unconstitutional method to deny tax-exempt nonprofit status to a conservative group told a Texas federal judge Wednesday that the test in question “is neither unconstitutionally vague nor overly broad.” [Government's Motion; Government's Brief]

In arguments against plaintiff Freedom Path Inc.’s bid for partial summary judgment, the federal government disputed the group’s assertion that the test used by the IRS to determine whether a group that otherwise is exempt from federal income tax has spent money on a function that Congress has made subject to tax [Revenue Ruling 2004-6] is unconstitutionally vague, subjectively applied and burdensome on free speech. ...

Revenue Ruling 2004-6 is not constitutionally invalid on its face, as it is sufficiently clear in its terms to give fair notice of its requirements, and its objective factors do not make it readily susceptible to arbitrary or discriminatory application, the U.S. argued in its brief. Nor does the test infringe First Amendment rights, the government said. “Revenue Ruling 2004-6 prohibits no speech; it merely aids in determining whether a tax is owed for activity that Congress has chosen not to subsidize in section 501(c),” federal attorneys said. “And the range of opportunities for both administrative and judicial review provides further insurance against any remote possibility of abuse in the Revenue Ruling’s application.” ...

The suit stems from allegations that the IRS improperly used “Be on the Look Out” lists to target conservative “patriot” and “tea party” groups’ requests for tax-exempt status for increased scrutiny. Although the IRS has ended its use of the lists, Freedom Path claims the “facts and circumstances” test in Ruling 2004-6, which involves an examination of an organization’s activities to determine whether it is engaged exclusively in social welfare rather than for-profit or partisan-political activity, continues to threaten the group’s ability to operate as a nonprofit advocacy group. The group has argued that the “facts and circumstances” test is unconstitutional, and that the IRS’ methodology invites “viewpoint discrimination.”

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December 5, 2016 in IRS News, IRS Scandal, Tax | Permalink | Comments (0)

TaxProf Blog Weekend Roundup

Sunday, December 4, 2016

Loyola-Chicago, Mitchell Hamline, And Seton Hall Offer Weekend J.D. Programs

LoyolaKathleen Boozang (Dean, Seton Hall), Seton Hall Law Offers New Weekend JD Program:

Seton Hall Law has always prided itself on making law school accessible to working professionals. Some of our most successful and prestigious alumni attended Seton Hall School part-time, after a full day of work. We are proud to continue this tradition of access with the launch of our weekend JD program. The weekend program is the only one of its kind in the East and one of only a few offered nationwide.  [Loyola-Chicago and Mitchell Hamline also offer weekend JD programs.]

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December 4, 2016 in Legal Education | Permalink | Comments (0)

WaPo:  Alt-Right Group Has Not Filed Form 990s Due To IRS Error, Allowing Group's Finances To Escape Scrutiny

Alt RightWashington Post, The Financial Secrecy Behind White-Nationalist Group Known For ‘Hail Trump,’ Nazi Salutes:

Richard Spencer, the face of a white-nationalist group that gained notoriety and momentum after Donald Trump’s election, has been allowed by the federal government to operate his nonprofit organization in financial secrecy for the past three years.

Spencer’s think tank, the National Policy Institute, has not filed financial returns with the federal government since 2013, according to a database of nonprofit records. That has allowed the institute to avoid public scrutiny at a time when the alt-right — the term Spencer coined to describe a movement seeking a whites-only state — has garnered international attention.

The institute is a public charity that relies heavily on contributions. The Internal Revenue Service almost always requires organizations such as his, which are exempt from paying taxes, to file returns that detail where the money comes from and how it is spent.

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December 4, 2016 in Political News, Tax | Permalink | Comments (6)

The 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, with a new #1 paper and a new paper debuting on the list at #5:

  1. [623 Downloads]  Aggressive Tax Planning & the Ethical Tax Lawyer, by Heather M. Field (UC-Hastings)
  2. [323 Downloads]  The Up-C Revolution, by Gregg D. Polsky (Georgia) & Adam H. Rosenzweig (Washington University)
  3. [293 Downloads]  Estate Planning for Digital Assets: Assigning Tax Basis and Value to Digital Assets, by Elizabeth Ruth Carter (LSU)
  4. [266 Downloads]  IRS Issues Final and Temporary Debt-Equity Regulations Under Section 385, by David S. Miller (Proskauer, New York) & Janicelynn Asamoto Park (Proskauer, New York)
  5. [181 Downloads]  Were Trump's Fake Losses Legal as Tax Deductions?, by Calvin H. Johnson (Texas)

December 4, 2016 in Scholarship, Tax, Top 5 Downloads | Permalink | Comments (0)

NY Times Op-Ed:  The Evangelicalism Of Old White Men Is Dead

Red LetterNew York Times op-ed:  The Evangelicalism of Old White Men Is Dead, by Tony Campolo & Shane Claiborne (co-authors, Red Letter Revolution: What If Jesus Really Meant What He Said?):

As the election retreats like a hurricane heading back out to sea, first responders are assessing the damage left in its wake. One casualty is the reputation of evangelicalism. ... As white male evangelists, we have no problem admitting that the future does not lie with us. It lies with groups like the National Latino Evangelical Coalition, led by Gabriel Salguero, or the Moral Monday movement, led by William Barber II, who has challenged the news media on its narrow portrayal of evangelicals. For decades, we have worked within evangelicalism to lift up the voices of these “other evangelicals.”

But we cannot continue to allow sisters and brothers who are leading God’s movement to be considered “other.” We are not confident that evangelicalism is a community in which younger, nonwhite voices can flourish. And we are not willing to let our faith be the collateral damage of evangelicalism.

We want to be clear: We are not suggesting a new kind of Christianity that simply backs the Democratic Party. Jesus is neither a Democrat nor a Republican — even if, as William Sloane Coffin Jr. once said, his heart leans left. Many faithful Christians did not vote for Hillary Clinton because of their commitment to a consistent pro-life agenda. True faith can never pledge allegiance to anything less than Jesus.

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December 4, 2016 in Book Club, Legal Education, Tax | Permalink | Comments (12)

The IRS Scandal, Day 1305:  Group Seeks Summary Judgment On Claim That Rev. Rul. 2004-6 Is So Vague That It Allows The IRS To Target Conservative Groups

IRS Logo 2Courthouse News Service,  GOP-Tied Group Presses Attack on the IRS:

A Republican-affiliated group that says the Internal Revenue Service illegally targets conservative groups seeks partial summary judgment on its claim that the IRS uses an unconstitutional test to determine tax-exempt nonprofit status.

Dallas-based Freedom Path sued the IRS and Lois G. Lerner, the former director of the agency's Exempt Organizations Division, in April 2014 in Federal Court. It claimed that as early as February 2010, the agency targeted tax-exempt applications from groups with names including the words "Tea Party" and "Patriots," asking for unnecessary information such as donor names.

Last Wednesday, Freedom Path asked the court to grant partial summary judgment because the IRS' "facts and circumstances" test is too vague and violates the Fifth Amendment. "Pursuant to Revenue Ruling 2004-6, the determination of whether a communication constitutes issue advocacy versus an exempt-function activity (i.e., political campaign intervention) is based upon a highly subjective evaluation of all the facts and circumstance on each case, instead of by reference to any clearly defined bright-line rules," the 29-page memorandum in support of the motion states. Freedom Path says it has "no way of knowing" what speech is protected and what speech would harm its tax-exempt nonprofit status.

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December 4, 2016 in IRS News, IRS Scandal, Tax | Permalink | Comments (2)

Saturday, December 3, 2016

This Week's Ten Most Popular TaxProf Blog Posts

Brooklyn Law School Sells Real Estate For $148m, Raising Endowment To $225m

Brooklyn Logo (2016)New York Law Journal, Brooklyn Law School Sells Office Building for $76.5M:

Brooklyn Law School has sold a downtown Brooklyn office building to a group of investors for $76.5 million. The move is the latest in the school's multi-year plan to sell off its extensive real estate holdings amid the borough's hot market, in order to bolster its finances.

The sale of One Boerum Place, along with the 2015 sale of the school's residential property at 2 Pierrepont St. for $35 million, will raise its endowment to $225 million—double what it was five years ago. ... The law school sold another six properties in Brooklyn Heights for a combined $36.5 million in 2013.

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

WSJ:  Taxes Under Trump—Almost Everyone Pays Less, The Richest Pay A Lot Less

Wall Street Journal Tax Report: Taxes Under Trump: Almost Everyone Pays Less and the Richest Pay a Lot Less, by Laura Saunders:

Steven Mnuchin, the likely next Treasury secretary, this week said rich U.S. taxpayers won’t get “an absolute tax cut” under President-elect Donald Trump. But that is not what Mr. Trump says in his taxation plan. In fact, under his approach the wealthy would receive an average tax cut of about $215,000 per household, experts say.

In Mr. Trump’s plan, Americans in different income ranges would divide up several hundred billion dollars of revenue cuts for 2017. As a result, Americans would, on average, receive a lower tax bill for 2017 compared with current law.

The top 1% will benefit, as they would contribute a smaller percentage of total tax revenue under Mr. Trump than they do now. The group, which consists of about 1.1 million households and earns 17% of total income, would owe 25% of federal taxes for 2017 under Trump’s plan compared with 28.7% under current law.

Mr. Mnuchin said these high-income households won’t get an “absolute” cut, because reductions for high earners “will be offset by less deductions.” Notably, Mr. Trump’s tax plan currently limits “itemized” deductions on Schedule A, such as those for mortgage interest, charitable donations, and state taxes, to a maximum of $200,000 per couple and half that for singles. But these limits don’t fully offset the effects of income- and estate-tax cuts for high earners proposed by Mr. Trump, according to experts.

WSJ

WSJ 2

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December 3, 2016 in Tax | Permalink | Comments (5)

SUNY-Buffalo Dean At Post-Election Forum: 'If Hillary Clinton (Or Others) Had Won, We Would Not Be Here'; Donald Trump Was Elected Due To 'Profound Democratic Immaturity'

SUNY 2The Spectrum, UB Law School Holds Presidential Election Forum:

Jim Gardner has “a lot of worries” and “no answers” when it comes to the presidential election. He feels this election raises concerns about the nation’s future.

UB Law School faculty discussed the 2016 presidential election at a community forum on Nov. 28 in O’Brian Hall. The 90-minute forum was open to the entire university community. Roughly 75 students and faculty attended.

“We’re here today to reflect as a community,” Gardner, interim dean of UB law school and SUNY Distinguished Professor said. “We’re here because of the words, the behavior, the evidence of character revealed during the campaign by the individual who will be our next president… If Hillary Clinton or Ted Cruz or Bernie Sanders or Marco Rubio had won we wouldn’t be here today.”

Gardner said there has been “profound democratic immaturity” that led to Donald Trump being elected.

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December 3, 2016 in Legal Education | Permalink | Comments (34)

The IRS Scandal, Day 1304: 'The IRS Has Never Stopped Targeting Conservatives'

IRS Logo 2The Federalist, Despite Investigations, Obama’s IRS Has Never Stopped Targeting Conservatives:

The next Tea Party scandal is not only coming, it may already be happening. When it does, the charade will begin anew, and no one will pay a price.

“It’s not true, it’s not true, it’s not true, it’s old news.” Standard Washington crisis management says to deflect and deny political scandals until they can be ignored—preferably without the powerful punished. The guilty have deftly used this strategy in the Internal Revenue Service’s targeting scandal. Fleeting hours of feigned indignation quickly morphed into assigning blame to laws governing nonprofits and, that all-purpose scapegoat, the Supreme Court’s opinion in Citizens United.

Those who cultivated the scandal by pressuring ideological allies inside the IRS shrugged and moved on. Those within the agency lawyered up, pled the Fifth, and moved on. Those defending the IRS in court engaged in unconscionable dilatory tactics that continue today. New faces replaced old and nothing changed. That the government’s most feared agency had blatantly discriminated against the president’s ideological foes was declared history.

But “the past,” as William Faulkner declared, “is never dead. It’s not even past.” The IRS scandal never ended, because the behavior never stopped. More importantly, the structural forces that nurtured it—piqued politicians demanding agencies “do something” in accord with political objectives, and like-minded, eager-to-please career employees manning those agencies—means a repeat is not just predictable, it’s inevitable. In fact, it may already be occurring.

The IRS cover-up began in earnest with John Koskinen. He marred his tenure as IRS head with gross incompetence and perhaps willful obstruction. Yet he has achieved his mission. His middle finger to congressional investigations ensured destroyed evidence, denied justice, and perpetrators walking scot-free.

The administration sold Koskinen as a “turnaround artist” who specializes in stressed institutions. The all-business technocrat, so it went, would cooperate with congressional investigators and restore the tattered agency’s reputation. During his confirmation hearing, he assured as much: “[W]e will be transparent about any problems we run into; and the public and certainly this committee will know about those problems as soon as we do.” Six weeks into the job, opportunity tested Koskinen’s pledge. He failed miserably. ..

No IRS official ever suffered for the blatantly unconstitutional and unethical actions. Lerner pled the Fifth and then walked away with a $129,000 bonus and a pension that vests with 34 years of government “service”—she could receive almost $4 million over her lifetime. Koskinen impeachment talk fizzled, neutered by Republican leadership unwilling to stomach the difficult political fight. Even successful litigation will only result in victims getting official nonprofit status or, where a group’s privacy rights were violated, a damage award and perhaps payment of attorney’s fees. ...

Evidence suggests targeting will continue and indeed spread —even assuming the IRS henceforth uses objective criteria to approve tax-exempt applications.

 

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December 3, 2016 in IRS News, IRS Scandal, Tax | Permalink | Comments (4)

Friday, December 2, 2016

Weekly Tax Highlight And Roundup

This week, Joe Kristan (CPA & Shareholder, Roth & Company (Des Moines, Iowa); Editor, Tax Update Blog) discusses multi-level marketing business deductions.

KristanBig Hummer isn’t the same as a big deduction.

I have long been a doubter of multi-level marketing. I prepare no returns for MLM entrepreneurs, but they often seem to have a business model of deducting personal expenses as Schedule C business expenses.

My doubt is shaken a bit by a Tax Court case last week where a multi-level marketer generated a fair amount of revenue from his network. Unfortunately, his deductions were supported no better than you usually see when such cases reach Tax Court.

MLM entreprenuers often take an expansive view of just what constitutes a “business” expense. As they are always “on duty,” goes the logic, everything is an expense. That seems to have been the approach he took for his vehicle expenses:

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December 2, 2016 in Tax, Weekly Tax Roundup | Permalink | Comments (0)

Weekly SSRN Tax Article Review And Roundup

This week, David Gamage (UC-Berkeley, moving to Indiana) reviews a new article by Walter Hellerstein (Georgia), Taxing Remote Sales in the Digital Age: A Global Perspective, 65 American University Law Review 1195 (2016).

Gamage (2017)Walter Hellerstein’s new article represents comparative legal scholarship at its best.  Hellerstein’s article analyzes the OECD’s recently issued International VAT/GST Guidelines so as to discuss the lessons for the design and reform of U.S. state-level retail sales taxes.  In doing so, the article argues that U.S. retail sales taxes (RSTs) should tax remote sales and should do so based on the destination principle.  The article then analyzes how RSTs should be reformed so as to best accomplish these goals.

Hellerstein is persuasive in arguing that RSTs should tax remote sales. His article offers important guidance for how RSTs should ideally be reformed. But how can we get there in light of the politically and judicially imposed constraints that currently confront U.S. state governments? I would rank the most plausible paths to reform as follows:

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December 2, 2016 in Scholarship, Tax, Weekly SSRN Roundup | Permalink | Comments (0)

Weekly Legal Education Roundup

Harrison:  Normative Legal Scholarship Is An Oxymoron

Jeffrey Harrison (Florida), Scholarship, Rush, and Still Waters:

I ran across the term "normative scholarship" in an article in the Journal of Legal Education by Robin West [The Contested Value of Normative Legal Scholarship, 66 J. Legal Educ. 6 (2016)]. It is, of course, and I think she would admit, an oxymoron. I've looked up every definition of scholarship I could find and no where is there any mention of normativity. Scholars search for information, inconvenient and otherwise, and report it. When they do, it is scholarship.

When they add the "should" element, it stops being scholarship and it becomes advocacy. This is not true just of your run of the mill article in which someone tries to convince you that the position they hold is the "right" one (usually by reporting what others have written that supports that position and not reporting what does not.) It also applies to any empirical work in which the author interprets the results with a certain "correct" spin without coming clean about other possible interpretations.

This is not to say no law professors produce scholarship. Some do. And, this is not to say all normative scholarship is bad. But it is to say that it is not scholarship, it is advocacy. Why don't more law professors do scholarship? The easy answer is they do not know how. They were not trained to be scholars. ...

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December 2, 2016 in Legal Education, Scholarship | Permalink | Comments (8)

Penn Prof: 10-15 Law Schools May Close

ABA JournalABA Journal, 10 to 15 Law Schools Could Close If Enrollment Keeps Shrinking, Higher-Ed Market Analyst Says:

Although there’s been a contraction in the law school market, tuition continues to rise, including at private institutions that take first-year students with lower LSAT scores and have high attrition rates, says Robert Zemsky, a professor of education at the University of Pennsylvania [and author of Remaking the American University, Market-Smart and Mission-Centered]. Zemsky predicts several of these schools will close if trends continue.

His study, Mapping a Contracting Market, analyzed 171 law schools and found that enrollment dropped by 21 percent at private law schools between 2011 and 2015. At public law schools, enrollment dropped by 18 percent. Zemsky also analyzed attrition rates at schools within both categories. ...

If the law student market contracts further, it’s possible that between 10 and 15 schools will close, says Zemsky, a founding director of Penn’s Institute for Research on Higher Education. He notes that law schools are already losing money. “You can’t continue to muddle through and hold your breath,” he told the Chicago audience on Nov. 16. “You can only hold your breath for so long.”

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December 2, 2016 in Legal Education | Permalink | Comments (8)

Tax Policy In The Trump Administration

Josie Caron, Malibu Celebrity

The local paper featured this photo of our dog on the front page of the Malibu Life Section:

Josie

I fear we are going to have to evade the paparazzi on our future walks. Here is the original higher resolution photo:

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

The IRS Scandal, Day 1303:  Group Sues IRS For Failure To Produce Communications With Joint Committee on Taxation

IRS Logo 2Press Release, CoA Institute Sues IRS for Improperly Shielding Records:

Cause of Action Institute (CoA Institute) today filed a lawsuit against the IRS after the agency refused to produce records under the Freedom of Information Act (FOIA) relating to its dealings with Congress’s Joint Committee on Taxation (JCT).

In December 2015, the IRS Office of Chief Counsel issued new guidance claiming that nearly all IRS records relating to the JCT should be treated as “congressional records” and therefore shielded from public disclosure under FOIA. This revised guidance contradicts long-standing precedent for what records government agencies must provide in response to FOIA requests.

CoA Institute Vice President John Vecchione: “The IRS continues to withhold agency records that the American people have a right to see. Agency records, including communications with Congress, are subject to FOIA. But the IRS is now attempting to change the rules and withhold all of its communications with, and other records relating to, the JCT. Our lawsuit challenges what appears to be a ploy by the IRS to avoid transparency.”

For months, CoA Institute has sought IRS communications with JCT and other JCT-related records, including those that reflect internal deliberations concerning the agency’s dealings with the JCT.  By definition, these are agency records, as they would necessarily have been received or created by the IRS and are currently in the possession of the agency.  Such records would have been used by IRS employees and uploaded or stored into IRS recordkeeping systems, including e-mail or correspondence

On November 22, 2016, in response to CoA Institute’s administrative appeal, the IRS re-affirmed its conclusion that the requested records were not subject to FOIA and went a step further to describe CoA Institute’s FOIA requests as “too broad and too nebulous.” The Department of Justice has explained, however, that “[t]he sheer size or burdensomeness of a FOIA request, in and of itself, does not entitle an agency to deny that request on the ground that it does not ‘reasonably describe’ records.” The IRS never indicated that it was unable to locate records responsive to CoA Institute’s FOIA requests, nor did it suggest it required a narrowed scope or clarification as to the records sought.

CoA Institute’s lawsuit seeks to prevent the IRS from improperly shielding agency records from disclosure under FOIA.

The lawsuit can be found here.

Exhibits can be found here.

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December 2, 2016 in IRS News, IRS Scandal, Tax | Permalink | Comments (3)

Thursday, December 1, 2016

GAO Assails Department Of Education's Cost Estimates Of Income-Driven Student Loans, Projects 39% ($137 Billion) Of 1995-2017 Loans Will Not Be Repaid

GAO (2016)Government Accountability Office, Federal Student Loans: Education Needs to Improve Its Income-Driven Repayment Plan Budget Estimates (GAO-17-22) (Nov. 30, 2016):

Because Education administers the federal government’s largest direct loan program, it is especially important that the agency corrects its methodological weaknesses associated with estimating IDR plan costs. More specifically, until Education assesses and improves the quality of data and methods it uses to forecast borrowers’ future incomes and accounts for inflation in its estimates, its IDR plan budget estimates may be unreliable.

GAO

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

NY Times:  How To Hide $400 Million

NY Times 2

New York Times Magazine, How to Hide $400 million:

In any given year, trillions of dollars sit safely in the offshore financial world, effectively stateless, protected by legions of well-compensated defenders and a tangle of laws deliberately designed to impede creditors and tax collectors. Even the United States government finds it challenging: A special Internal Revenue Service division known as the “wealth squad,” set up in 2010 to crack down on high-end tax evaders with multinational holdings, today has enough manpower to assess only about 200 cases a year.

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December 1, 2016 in Tax | Permalink | Comments (0)

Simkovic:  U.S. LL.M. Programs Probably Benefit International Students

LLM 2Michael Simkovic (Seton Hall; moving to USC), U.S. LLM Programs Probably Benefit International Students:

Part 1: Students Who Stay in the U.S.:

At a conference I recently attended, some law professors and administrators seemed willing to assume the worst about LLM and international JD programs.[fn 1] They seemed to think that LLM programs provide revenue to law schools but do little to help students. This stoked my curiosity about international law programs. It seems likely, as conference attendees suggested, that LLM admissions are less exclusive than JD admissions at comparable institutions. But lower selectivity does not imply that LLM programs fail to help their students.

Immigrants are generally at a disadvantage relative to those born in the United States because of language, culture, and legal issues. But comparing immigrants to U.S.-born individuals tells us nothing about the benefits of U.S. education for immigrants. Instead, we can either compare immigrants to those from their countries who stay home, or compare immigrants to each other by education level.

Decades of peer reviewed labor economics research indicates that additional education boosts earnings. Moreover, Immigration to the United States can often dramatically boost earnings for immigrants over the long term. Are foreign LLM programs or international JDs exceptions to widely observed trends regarding benefits of education and immigration?

While data is limited, the unsurprising answer appears to be: Probably not.

Using U.S. Census data (ACS), I found (in a very preliminarily, quick analysis intended primarily to satisfy my own curiosity) that an LLM might boost long term annual earnings by as much as $25,000 on average compared to a bachelor’s degree (depending on unobserved selection effects, the causal boost could be lower since these are cross-tabbed means by race sex and education level). The earnings boost from a JD for immigrants might be around two or two and a half times as high as the boost from an LLM.

[Fn. 1]:  At the conference, attendees saw data on international student market share and growth. The data suggested that a relatively small number of law schools attract the lion’s share of international LLMs and JDs. Attendees were also informed that U.S. News does not rank LLM programs, that the ABA does not collect much data about LLM programs, and that the ABA requires that LLM programs not adversely affect JD programs. Based on little more than ostensibly lighter regulation, some attendees enthusiastically speculated about competitor law schools’ nefarious activities. Some went further than speculation. One senior law school administrator compared LLMs and other non-JD programs to “Trump University”—a for-profit institution that critics allege used high-pressure sales tactics and unqualified faculty. A senior faculty member lambasted a local competitor for accepting many international students, while mentioning that his own institution had not “lowered its standards” in accepting international students.

Part 2: Students Who Return Home:

In part 1 of this 2 part post, I noted that U.S. LLM programs may provide substantial financial benefits to students who remain in the United States, even if they do not necessarily pass a U.S. bar exam. But what about the LLM graduates who return to their countries of origin?

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

University Of Basel Conference:  Global Histories of Taxation And State Finances Since The Late 19th Century

BaselThe three-day conference on Global Histories of Taxation and State Finances Since the Late 19th Century kicks off today at the University of Basel Institute for European Global Studies:

Taxation has wide-ranging implications for global as well as domestic orders, ranging from budgets and public finances to inequality, the social fabric of societies, and worldwide competition for corporate profits. Since the global financial crisis of 2008 in particular, taxation and the reform of tax systems have become talking points in many parts of the North Atlantic world. The current interest in taxation is welcome, but many of the issues raised more recently have long histories that deserve to be studied in their own right. This international symposium calls on historians and historically-minded sociologists and political scientists with different geographical specializations to engage with the topic of taxation from a wide variety of angles.

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

Law School Rankings By Job Placement

Dan Filler (Drexel) has mined the ABA placement data to rank all 203 law schools by the percentage of graduates in the class of 2015 who found full-time non-law school funded long term J.D.-required or J.D.-advantage jobs within nine months after graduation, along with each school's U.S. News rank.  (He notes glitches in the data in a later post.) Here are the Top 25:

Job Rank US News Rank School Percentage
1 7 PENN 93%
2 11 DUKE  92%
2 60 KENTUCKY 92%
4 13 CORNELL  91%
4 2 HARVARD  91%
4 4 CHICAGO 91%
7 6 NYU 90%
7 4 COLUMBIA  90%
9 2 STANFORD  89%
9 12 NORTHWESTERN 89%
11 8 MICHIGAN 88%
12 8 VIRGINIA 87%
12 65 SETON HALL 87%
12 8 UC-BERKELEY 87%
15 55 BAYLOR  86%
15 30 OHIO STATE 86%
15 18 WASHINGTON UNIV. 86%
18 25 ARIZONA STATE 85%
18 20 IOWA 85%
18 1 YALE  85%
21 45 GEORGE MASON 84%
21 57 NEBRASKA 84%
21 86 ARKANSAS 84%
21 45 SMU 84%
25 30 BOSTON COLLEGE 83%
25 33 GEORGIA 83%
25 86 TULSA 83%
25 16 VANDERBILT 83%

Dan notes "there are other ways to slice the data," and my Pepperdine colleague Rob Anderson does so in Law Schools Ranked by Employment.  Rob notes the many "oddities" in Dan's ranking, including Kentucky (2), Georgetown (78), and UC-Irvine (127):

I decided to use a technique have written about in the past to produce a better ranking of law schools by ABA employment data. Professor Filler's post really isn't fair to excellent schools like Georgetown, and is especially harsh to UC Irvine, which Professor Filler's approach ranks at #127. My technique takes into account all of the ABA data and uses a dimensionality reduction technique to squash the data into a single dimension. It counts some categories as negatives and some as positives, and uses information about "biglaw" versus "small law" jobs, etc. This ranking, which I denote A-Rank to distinguish it from Filler's F-Rank, is far from perfect, but it is clearly a significant improvement and I think readers will find it more informative.

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December 1, 2016 in Law School Rankings, Legal Education | Permalink | Comments (4)

Full House Expected At Today's IRS Hearing On Proposed Estate Tax Valuation Discount Regulations

DiscountsBloomberg BNA, IRS Can Expect Groups in ‘Full Force’ at Estate Tax Hearing:

The IRS should expect a full house at its Dec. 1 hearing on the estate valuation discount regulations even though the guidance is unlikely to survive under President-elect Donald Trump.

A preliminary list of speakers for the hearing includes 30 individuals, including trade group representatives, estate tax attorneys and appraisers. The proposed regulations (REG-163113-02), issued in August under tax code Section 2704, would make changes to the valuation of interests in family-owned businesses for estate, gift and generation-skipping transfer tax purposes.

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December 1, 2016 in IRS News, Tax | Permalink | Comments (2)

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

How Social Media Is Impacting Law Students

Facebook Twitter InstagramD Magazine, How Social Media is Impacting Law Students:

Given the prevalence of social media–Facebook now boasts more than 1.7 billion users worldwide, with 293,000 status updates posted each minute–wannabe lawyers are being scrutinized through the unforgiving lens of social networking. As far back as 2011, a Kaplan Test Prep survey indicated that 37 percent of law school admissions officers reported checking out applicants on social media–a far higher percentage than admissions officers for colleges and business schools. A 2015 survey by recruiting software company Jobvite found that 52 percent of recruiters say they “always search” candidates’ online profiles during the hiring process. And, according to a 2013 Careerbuilder study, 43 percent of hiring managers disqualified applicants based on information found online, including provocative photos (50 percent), posts about alcohol or drug use (48 percent), badmouthing a current or former employer (33 percent), making discriminatory comments related to things like race, gender, or religion (28 percent), and lying about qualifications (24 percent).

Law students and recent law graduates today have to navigate one of the most challenging job markets in recent history. The National Association for Legal Placement recently reported that the class of 2015 secured fewer private practice jobs than any class since 1996. And they are doing so having come of age in the era of Facebook, Twitter, and Instagram, where comments and content that can sink a career are just a few keystrokes away, preserved for posterity, and sharable with an online audience of millions. ... Of course, even older lawyers aren’t immune to social media missteps that can jeopardize employment or professional standing.

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December 1, 2016 in Legal Education | Permalink | Comments (1)

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