TaxProf Blog

Editor: Paul L. Caron
Pepperdine University School of Law

Friday, August 12, 2016

Ave Maria's Admissions Policies Violate ABA Standards, Law School Required To Take Immediate Remedial Action

Ave Maria LogoABA Section of Legal Education and Admission to the Bar, Council Decision:  Public Notice of Specific Remedial Action—Ave Maria School of Law (Aug. 2016):

Background

At its June 3-4, 2016 meeting, the Council conducted a hearing pursuant to Rules of Procedure 2, 3, 16-18, 21(c), 22, 24, and 25 with respect to the compliance of the Ave Maria School of Law (the “Law School”) with ABA Standard 501(a) and 501(b). This proceeding followed a hearing by and recommendation of the Accreditation Committee (the “Committee”), which hearing resulted from interim monitoring of the Law School, a process which began in the Spring of 2013, pursuant to ABA Rule of Procedure 6.

Following the hearing and based on the record, the Council affirmed the Committee’s conclusions that the Law School is not in compliance with Standard 501(a) ["A law school shall maintain sound admission policies and practices consistent with the Standards, its mission, and the objectives of its program of legal education"] and 501(b) ["A law school shall not admit an applicant who does not appear capable of satisfactorily completing its program of legal education and being admitted to the bar."]. The Council has directed the Law School to take the following specific remedial actions, including, but not limited to, this public notice.

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August 12, 2016 in Legal Education | Permalink | Comments (8)

Aug. 15 Deadline For AALS Annual Meeting Call For Papers:  Sex, Death, And Taxes

AALSCall for PapersAALS Trusts & Estates Section Program, 2007 AALS Annual Meeting (Jan. 3-7, 2017):

Sex, Death, and Taxes: The Unruly Nature of the Laws of Trusts and Estates

Trusts & Estates is a far-reaching and broad-based discipline of law that impacts private citizens’ decisions about sex, death, and taxes.  This legal discipline is based on speculation about donors and their intentions that, by their very nature, create unintended consequences because the laws exist largely unseen until they come into play.  Moreover, ascertaining these preferences prove difficult because individuals are entrenched with idiosyncratic preconceptions about death, family, property rights, personal legacies, paternalism, altruism, investment strategies, taxes, and many other effective interests.  In addition, the field sits at the crossroads of other legal disciplines such as family law, property law, elder law, and tax law. 

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August 12, 2016 in Legal Education, Tax | Permalink | Comments (0)

Jayne Caron (M.D. 2020, NYU)

My beloved, brilliant, and beautiful daughter Jayne launched her medical career today:

Jayne 1

Jayne is named after my sister, who died shortly after birth. My late mother, a secretary at a nursing school, absolutely loved the medical profession.  Shortly before my mother died in 1992, my pregnant wife and I told her we were going to name our daughter Jayne.  My mother would be bursting with pride and gratitude today, as Jayne's parents and brother are.  For more on my journey with my amazing daughter, see:

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August 12, 2016 in About This Blog, Legal Education, Tax | Permalink | Comments (7)

The IRS Scandal, Day 1191

IRS Logo 2Investor's Business Daily editorial, Will Predatory IRS Finally Be Brought To Justice?:

The Law: Two months ago, it looked as if the IRS scandal over targeting conservative groups had reached a legal dead end. But an appeals court, in a stunning reversal, revived it this week. Will justice finally be done?

We hope so.

The Washington, D.C., Circuit Court, overturning a June lower-court decision, let the suit go forward because, as LSU law professor Philip Hackney noted in the Surly Subgroup blog, "it found that the IRS had not voluntarily ceased its unlawful actions."

In other words, the IRS is still doing what it was accused of in the first place and was supposed to halt.

In particular, the court reinstated two specific complaints made by True The Vote and other Tea Party groups that claimed the IRS had acted in a biased way toward conservative organizations that applied for tax-exempt status.

The two complaints were that the IRS had violated the group's First Amendment rights, and that it had also violated the Administrative Procedures Act — both serious complaints that could land people in jail.

Senior Judge David B. Sentelle was particularly scathing in writing the unanimous decision by a three-judge panel, calling the IRS' contention that it was no longer violating the conservative groups' rights "absurd." ...

The egregious use of a powerful arm of the federal government for explicitly political purposes should never be tolerated. It's the stuff of petty dictatorships, more suitable to a government run by Turkey's Erdogan or Venezuela's Maduro than to a great republic such as the U.S.

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August 12, 2016 in IRS News, IRS Scandal, Tax | Permalink | Comments (2)

Thursday, August 11, 2016

Tax Court Denies Deduction For Professor's DirecTV, Internet & Cell Phone As Part Of His 'Lifelong Burden Of Developing Knowledge'

Tax Court Logo 2Tanzi v. Commissioner, T.C. Memo. 2016-148 (Aug. 9, 2016):

During the first half of 2011 the Tanzis were employed by Seminole State College. Dr. Tanzi taught math and communications classes as an adjunct professor, and Mrs. Tanzi was employed as a campus librarian.  

Dr. Tanzi is highly educated—he holds a doctorate in communication. As he explained at trial, individuals holding such terminal degrees bear a lifelong burden of “developing knowledge, finding knowledge, exploring, [and] essentially selfeducating”. Dr. Tanzi therefore insists that all expenses paid in adding to his “general knowledge” should be deductible as unreimbursed employee business expenses. ...

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August 11, 2016 in Legal Education, New Cases, Tax | Permalink | Comments (1)

McArdle:  ABA Should Shut Down 'Avaricious' Law Schools That Make 'Morally Abhorrent' Decision To Admit Students With Little Chance Of Paying Off Their Loans, Despite Adverse Effects On Diversity

Bloomberg View:  Crack Down on Law Schools That Don’t Pass the Bar, by Megan McArdle:

The American Bar Association is considering a plan that would endanger the accreditation of any law school where fewer than three-quarters of the students pass the bar within two years.

That is setting up a battle within the organization, pitting critics of two very different problems against each other. Those who are worried about the glut of law graduates who can’t get jobs want to crack down on law schools that have shored up their finances by admitting students who may not be able to pass the bar exam. But those who are worried about a lack of diversity in the profession fear that any crackdown on accreditation could disproportionately hurt schools that strive to bring more minorities into the field. ...

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August 11, 2016 in Legal Education | Permalink | Comments (5)

Barton Responds To Simkovic And Diamond:  IRS And Census Data Not That Far Apart Upon Closer Inspection

BartonFollowing up on my previous posts (here and here):  TaxProf Blog op-ed:  Barton Responds to Professors Simkovic and Diamond: IRS and Census Data Not that Far Apart Upon Closer Inspection, by Benjamin Barton (Tennessee):

On July 25th Professor Stephen Diamond criticized my use of IRS income statistics to discuss the earnings of solo practitioners on his blog.  I responded to Professor Diamond in the comments.  On July 26, 2016 Professor Michael Simkovic published a number of critiques here.  Two days later Professor Simkovic followed up with a second post asking me a series of questions and challenging me to respond to both of his posts.  Here I accept Professor Simkovic’s invitation.

Below I explain more about the IRS data and how I use it, but I will not bury the lede.  The data that Professors Simkovic and Diamond use to criticize my work, ACS data for lawyers who are in the category of “self-employed, not incorporated,” is not appropriate data for defining the earnings of solo practitioners.  That Census category likely includes two very different types of self-employed lawyers – solo practitioners (the lowest paid lawyers in private practice) and law firm partners (the highest paid lawyers in private practice).  The Census Department does not make it easy to figure out exactly which lawyers are counted in the category of “self-employed, not incorporated,” but combining this definition with this one and looking at the ACS form itself it seems pretty clear that partners in law firms are included in this category.[i]

Because the ACS data includes an indeterminate number of partners and solos, the average earnings in that category ($165-200,000) are a misleading proxy for the earnings of American solo practitioners.  If there was a data category of “professional baseball players” that included minor league (low paid) and major league (highly paid) baseball players, and there was no way to tell how many of each were in the sample, you could not use the average earnings of “all professional baseball players” as a proxy for minor league salaries, since some members of the sample earn much, much more than other members of the sample.

The ACS data is inappropriate, but is the IRS data better?  I use the IRS data in my book, Glass Half Full – The Decline and Rebirth of the Legal Profession (Oxford 2015) and in later work to talk about several trends in the market for legal services.  Here is an updated version of a chart I first created for the book:

Barton Chart (081116)

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August 11, 2016 in Legal Education | Permalink | Comments (5)

Ending The Pass-Through Tax Loophole For Big Business

CAPCenter for American Progress, Ending the Pass-Through Tax Loophole for Big Business:

In 2012, more than 100,000 big U.S. businesses managed to shelter billions of dollars of income in a single tax haven and pay no corporate income tax on it.

This tax haven is not Panama, Switzerland, or the Cayman Islands. In fact, it cannot even be found on a map—rather, it exists in the pages of the U.S. tax code. These businesses—with revenue of more than $10 million each—managed to pay no U.S. corporate income tax by pretending to be small businesses and thus saved their wealthy owners billions of dollars.

Most people think of big businesses as traditional corporations, which are organized under Subchapter C of the tax code and are supposed to pay the corporate income tax on their profits. But today many big businesses are organized as partnerships or S corporations, which are business forms that were originally designed for simpler or smaller businesses. The vast majority of partnerships and S corporations do not pay the corporate income tax. Instead, all of their income is passed through to their individual owners, who pay taxes on their individual income tax returns, thus avoiding the corporate income tax altogether.

The share of income going to businesses that use the pass-through form of organization—and therefore pay no corporate income tax—has exploded over the last 30 years, growing from less than 25 percent of net business income in 1980 to more than half in 2012. In fact, the United States is unique in this regard: No other country comes close to having such a large portion of business income that is not subject to the corporate income tax.

Small Business Tax Rate

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August 11, 2016 in Scholarship, Tax, Think Tank Reports | Permalink | Comments (4)

Death Of Bernie Aidinoff

AidinoffM. Bernard Aidinoff (Sullivan & Cromell, New York) died on August 8 at the age of 87.  From the New York Times obituary (guest book):

He graduated from the University of Michigan (Phi Beta Kappa) and the Harvard Law School (Magna Cum Laude) where he was an editor of the Harvard Law Review. A first lieutenant in the Army Judge Advocate General Corps, he then became a law clerk to Judge Learned Hand. Bernie joined the law firm of Sullivan & Cromwell in 1956.

An internationally respected tax expert, he loved the practice of law and took great pleasure in mentoring younger lawyers, before mentoring was a term. As chairman of the American Bar Association Section of Taxation, he testified multiple times before the Senate Finance Committee advocating for a progressive tax code. Bernie also served as chairman of the American Law Institute Tax Program Committee, as editor-in-chief of The Tax Lawyer, as chairman of the Executive Committee of the Association of the Bar of the City of New York and on the Commissioner's Advisory Committee of the Internal Revenue Service.

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August 11, 2016 in Obituaries, Tax | Permalink | Comments (0)

Kamin:  Taxing Capital—Paths To A Fairer And Broader U.S. Tax System

Washington Center for Equitable Growth logoDavid Kamin (NYU), Taxing Capital: Paths to a Fairer and Broader U.S. Tax System:

Taxing capital is a key way to maintain and increase the progressivity in the U.S. tax system and raise the revenue needed to support government activities and investments that in turn will help ensure strong and sustainable economic growth. Why turn to capital as a source of government revenue? Taxing capital is a highly progressive form of taxation that research suggests does not seriously affect the rate of savings among high-income Americans—an important consideration in terms of encouraging future economic growth—and is a key part of optimal taxation in the United States.

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August 11, 2016 in Scholarship, Tax, Think Tank Reports | Permalink | Comments (0)

Three Views Of The Academy: Legal Education And The Legal Profession In Transition

BooksBarbara Glesner Fines (UMKC), Three Views of the Academy: Legal Education and the Legal Profession in Transition, 51 Tulsa L. Rev. 487 (2016) (reviewing James E. Moliterno, The American Legal Profession in Crisis: Resistance and Responses to Change (Oxford University Press 2013), Deborah L. Rhode, Lawyers as Leaders (Oxford University Press 2013) & Robin L. West, Teaching Law: Justice, Politics, and the Demands of Professionalism (Cambridge University Press 2013)):

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August 11, 2016 in Book Club, Legal Education, Scholarship | Permalink | Comments (0)

The IRS Scandal, Day 1190

IRS Logo 2American Center for Law and Justice, President Obama’s IRS Scandal: Seven Years & Counting:

As we continue to bring you analysis this week of our recent win in the IRS case, we are reminded of how much this issue has developed since it was first discovered.

To be clear – the Obama Administration’s IRS targeting of Tea Party and other grassroots conservative groups is one of the longest running scandals in President Obama’s nearly eight-year administration – and it is still ongoing. After nearly seven years this December, one of our clients has still not received a determination on their submitted tax-exempt application.

In full disclosure, a proper and thorough timeline of this scandal would take thousands of pages to fully discuss everything that has occurred to date. For example, one law professor, in particular, has kept a daily blog for years now following the scandal and he just published “The IRS Scandal, Day 1188” earlier this week.

While we cannot cover every development of this scandal, the following timeline provides a clear and concise review of the major developments along the way:

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August 11, 2016 in IRS News, IRS Scandal, Tax | Permalink | Comments (1)

Wednesday, August 10, 2016

Inside OCI:  The Scoop On This Year's Law School On-Campus Interviews

InterviewNational Law Journal, Inside OCI: The Scoop on This Year's Law School On-Campus Interviews:

On-campus interviews are underway at law schools across the country, as students and partners engage in the summer-associate hiring equivalent of speed-dating. We’re covering the annual ritual with on-scene reaction from students coming out of the interviews and war stories from partners who’ve been in the hiring trenches for years. As the competition among firms tightens for top talent amid smaller class sizes, we’ve got news about recruitment trends. We’ve covered the law school angle, too, with a story about the impact that newly increased associate salaries are having on student expectations and the hiring process.

Competition Between Law Firms Conducting On Campus Interviews Heats Up
When Mintz, Levin, Cohn, Ferris, Glovsky and Popeo’s director of legal recruiting Shannon Davis gave a presentation to the firm’s lawyers who were preparing to interview law school students this summer, she started with a slide that had some ominous facts.

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August 10, 2016 in Legal Education | Permalink | Comments (0)

ABA's Proposed 75% Bar Passage Requirement Underscores Tension Between Consumer Protection, Diversity Concerns

ABA Logo (2016)ABA, Bar Passage Proposal Underscores Tension Between Consumer Protection and Diversity Concerns:

A proposal by the ABA’s law school accrediting body to simplify the bar passage standard was roundly criticized at an Aug. 6 hearing for threatening the diversity of the legal profession, although most of the dozen critics acknowledged the difficulty of balancing consumer protection of students with the goal of bringing more minorities into the legal profession.

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August 10, 2016 in Legal Education | Permalink | Comments (10)

Access Group Legal Education Research Symposium

Access Group2016 Access Group Legal Education Research Symposium (Nov. 16-17, Chicago):

Hugely successful in 2015, its inaugural year, the Access Group Legal Education Research Symposium offers law school deans, administrators, faculty and researchers from across the nation the opportunity to engage in thought-provoking discussions on the most critical issues facing legal education today. Join your colleagues for this one-of-a-kind event that examines access, affordability and the value of legal education and the promising practices and innovative strategies to address these issues.

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August 10, 2016 in Conferences, Legal Education | Permalink | Comments (1)

MIT, NYU, Yale Sued By Faculty, Staff Over Excessive 403(b) Retirement Account Fees

MNYNew York Times, M.I.T., N.Y.U. and Yale Are Sued Over Retirement Plan Fees:

Three prominent universities were sued on Tuesday, accused of allowing their employees to be charged excessive fees on their retirement savings.

The universities — the Massachusetts Institute of Technology, New York University and Yale — each have retirement plans holding more than $3 billion in assets and are being individually sued by a number of their employees in cases seeking class-action status.

The lawyer representing the three groups of plaintiffs, Jerome J. Schlichter, is a pioneer in retirement plan litigation. Over the last decade, he has filed more than 20 lawsuits on behalf of workers in 401(k) retirement plans and has been widely credited with lowering plan fees across corporate America.

With the suits filed in federal courts on Tuesday, the focus has turned to a lesser-known corner of the retirement savings market, 403(b) plans, which are named for a section of the tax code. The accounts are similar to 401(k) plans, but are offered by public schools and nonprofit institutions like universities and hospitals.

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August 10, 2016 in Tax | Permalink | Comments (1)

New Dallas Law School In Peril After ABA Denial Of Provisional Accreditation

UNT 2Wall Street Journal Law Blog, Dallas Public Law School in Peril After Accreditation Setback:

Dallas’ first public law school opened its doors in 2014 with the goal of catering to would-be lawyers who may not have the money or the academic credentials to earn a degree elsewhere. But that mission could be thwarted by the school’s struggle to get accredited. A committee of the American Bar Association, which regulates law schools, has recommended against granting the University of North Texas at Dallas College of Law provisional accreditation.

The ABA committee said it lacked confidence that the school is enrolling enough students capable of completing J.D. degree requirements and passing the bar exam. ...

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August 10, 2016 in Legal Education | Permalink | Comments (4)

Posner & Weyl:  Using Self-Assessed Property Taxes And Forced Sales To Increase Efficiency

Eric A. Posner (Chicago ) & Glen Weyl (Yale), Property Is Another Name for Monopoly Facilitating Efficient Bargaining with Partial Common Ownership of Spectrum, Corporations, and Land:

The existing system of private property interferes with allocative efficiency by giving owners the power to hold out for excessive prices. We propose a remedy in the form of a tax on property, based on the value self-assessed by its owner at intervals, along with a requirement that the owner sell the property to any third party willing to pay a price equal to the self-assessed value. The tax rate would reflect a tradeoff between gains from allocative efficiency and losses to investment efficiency, and would increase in line with expected developments in information technology.

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August 10, 2016 in Scholarship, Tax | Permalink | Comments (5)

Law Prof:  Law School Deans Are 'Running A Bait And Switch Operation'

Financial Review op-ed: Law Schools Sell Graduates Down the River, by Frank Carrigan (Macquarie Law School):

If the quip about "make crime pay, become a lawyer" is true, Australia is set for a massive crimewave. Towering overproduction is a reality in the Australian legal education market. But it seems that only when the bust hits will those who should have read the signs instigate a shakeout of the sector.

The cloistered company of Australian law deans has long closed its eyes to this. The leaders of the 41 law schools have enrolled students much faster than the overall growth of their respective universities. ... Law student numbers are out of hand. Nearly 15,000 finish their degree each year, and enter a market where there are only 66,000 solicitors. These graduate numbers far transcend the growth in the legal market. ...

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August 10, 2016 in Legal Education | Permalink | Comments (4)

The IRS Scandal, Day 1189

IRS Logo 2The Surly Subgroup:  DC Circuit Seems to have Decided IRS Violated Constitution Before Trial in True the Vote Appeal, by Philip Hackney (LSU):

In 2014, a District Court dismissed (based on 12(b)(6) and 12(b)(1) motions) the complaint of a number of conservative organizations who alleged that the IRS “targeted” them by subjecting them to greater scrutiny in their applications for tax exemption. The lead organization, True the Vote, sought 501(c)(3) charitable organization status; the others primarily sought 501(c)(4) social welfare organization status. The world became aware of this targeting controversy in May 2013 when Lois Lerner, the head of the Exempt Organizations division of the IRS apologized to the Tea Party and other conservative groups for how the IRS treated their applications. To this day Taxprof Blog continues the IRS Scandal post over three years later dedicated at least in part to this controversy.

The primary complaints were the second and fifth claims:  (2) the IRS violated the organizations First Amendment rights to freedom of speech, and (5) the IRS violated the Administrative Procedures Act. The District Court concluded that because the IRS had granted exempt status to these organizations, the complaints were moot. True the Vote appealed this dismissal to the DC Circuit Court of Appeals.

Last week the Circuit Court breathed new life into claims 2 and 5. Though the Court found that some of the complaints were moot (including Bivens complaints against IRS employees and a claim of violation of 6103 disclosure rules), it allowed claims 2 and 5 forward because it found that the IRS had not voluntarily ceased its unlawful actions.

In reading the opinion, I find astonishing that the Circuit Court appears to have already concluded, without trial, that the IRS acted unconstitutionally. I recognize that for a 12(b)(1) motion the court is to assume the complaint true, but the court appears to have done much more than make assumptions. I focus on this issue.

Frankly a trial testing this situation seems to me the right thing for two reasons. First, many people in our country genuinely believe the IRS behaved unconstitutionally (as is evidenced by the continuing coverage given in places like Taxprof Blog). Second, the IRS failed numerous organizations in how it processed this group of applications that touched on First Amendment issues. These two factors suggest to me that the organizations involved deserve a real hearing and not just a pre-trial dismissal.

What worries me is that the DC Circuit Court judges appear to have already judged the case; I find that as problematic as what the DC Circuit Court judges find problematic in the IRS actions at issue. Remember, the issue before the appeals court is a 12(b)(1) motion to dismiss for lack of subject matter jurisdiction because the IRS had approved the applications for tax exemption and there was no case to be decided by the court. Thus, no one has presented evidence or law in a trial on the substantive issues before the court. The court is to take the allegations as true for purposes of the motion but should give those claims close scrutiny. The DC Circuit though seems to do much more than assume the complaint is true.

The court starts its opinion stating: “Instead of processing these applications in the normal course of IRS business, as would have been the case with other taxpayers, the IRS selected out these applicants for more rigorous review on the basis of their names, which were in each instance indicative of a conservative or anti-Administration orientation.” Later in the opinion it continues: “It being plain to the Inspector General, the district court, and this court that the IRS cannot defend its discriminatory conduct on the merits, the governing issue is now whether the controversy is moot.” There is a lot of nonsense in those statements.

Because I don’t believe that the IRS failed by using names to screen applicants nor in picking out the conservative groups’ applications for closer scrutiny (as I discussed in an article called Should the IRS Never ‘Target’ Taxpayers), and I don’t believe any credible evidence has been put forward establishing that IRS employees acted with any intent to harm conservative causes, I feel like I am living in bizarro world to read a US appeals court opinion that states without a trial fairly establishing the law and facts that the these actions violated the constitution. I will take a look at separate parts of the statements to explain what I mean. ...

Perhaps the court’s opinion is nothing but dicta except for the holding that the case is not moot. But it is not at all clear that this is the way this opinion will be used. It is fine if the DC Circuit Court wants to see this case go forward, but it should let this case go forward without judging the case before it hears any evidence or law in a trial. The IRS, just like the conservative organizations, deserves to be treated with respect and fairness.

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August 10, 2016 in IRS News, IRS Scandal, Tax | Permalink | Comments (6)

Tuesday, August 9, 2016

NYU Tax Law Review Publishes New Issue

NYU Law (2014)The Tax Law Review has published a new issue (Vol. 69, No. 1 (Fall 2015)):

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

Trump Tax Plan 2.0

Trump Tax Plan

Donald Trump yesterday unveiled dramatic changes in his original tax plan, embracing the plan announced by House Speaker Paul Ryan in June (critiqued here).

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

Baker Reviews Building On Best Practices to Transform Legal Education

Best PracticesJeffrey R. Baker (Pepperdine), Book Review, 65 J. Legal Educ. 988 (2016) (reviewing Building on Best Practices: Transforming Legal Education in a Changing World (Deborah Maranville (University of Washington), Lisa Radtke Bliss (Georgia State), Carolyn Wilkes Kaas (Quinnipiac) & Antoinette Sedillo López (New Mexico), eds., 2015):

Building on Best Practices is a worthy addition to the canon of literature on reforming legal education. Before the Great Recession, without today’s pressing economic incentives, law schools made uneven strides to incorporate lessons from MacCrate, Best Practices, and Carnegie. Today, compounding economic crises and escalating accreditation requirements make reform urgent, necessary, and inevitable.

To demonstrate that law schools can still add value to careers and society, legal educators must grapple with structural changes that affect every aspect of teaching, learning and researching. Building on Best Practices provides diverse expertise and useful guidance on approaching these challenges and on improving and expanding the enterprise of legal education.

August 9, 2016 in Book Club, Legal Education, Scholarship | Permalink | Comments (0)

Chason:  Taxing Losers

Florida Tax Review  (2015)Eric D. Chason (William & Mary), Taxing Losers, 18 Fla. Tax Rev. 541 (2016):

The U.S. tax system (like most in the world) benefits capital gains in two ways. Investors can defer paying tax until they “realize” any gain (typically by sale) rather than when the gain simply occurs via rising prices. And, individual investors pay a lower, preferred rate on their long-term capital gains as compared to their other ordinary income (like compensation or business profits).

Investors face a burden, though, with respect to their capital losses. Rather than allowing for unlimited capital loss deductions, the Internal Revenue Code largely forces investors to match their capital losses against their capital gains. Limits on capital losses could be justified in several ways. The most prominent justification holds that should not be able to “cherry pick” loss elements out of an overall winning portfolio. This Article seeks to clarify the nature of the cherry-picking argument. It drops “cherry picking” in favor of the somewhat more descriptive “loss harvesting” used in wealth management literature. We will imagine a world in which Congress does not force taxpayers to match losses against gains. In this world, taxpayers could harvest isolated losses whenever they arise and enjoy the benefits of loss deductions — even if the taxpayer has an overall winning portfolio. Using insights from option theory, we can estimate the cost of aggressive loss harvesting.

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August 9, 2016 in Scholarship, Tax | Permalink | Comments (0)

SEALS 2016 Annual Conference

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

Tax Policy Discussion Group
This discussion group is broadly concerned with issues of taxation. Discussants address individual income tax, corporate income tax, state and local tax, estate and gift tax, tax expenditure policy, international tax, and entitlements. While these disparate themes might seem only loosely related, a common thread of the difficulties of balancing equity, simplicity, incentives, and transparency runs through all of them. These scholars will grapple with the central tax topics of the day and address the looming concerns that must be dealt with by all levels of government.

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August 9, 2016 in Conferences, Scholarship, Tax | Permalink | Comments (0)

NY Times:  States Vie To Shield The Wealth Of The 1%

1%New York Times, States Vie to Shield the Wealth of the 1 Percent:

Steven J. Oshins, a Nevada lawyer who specializes in estate planning, has never met the wealthy software entrepreneur Dan Kloiber, but he is nonetheless intensely interested in Mr. Kloiber’s contentious divorce.

“I have had a Google news alert on that for a couple years,” Mr. Oshins said as he discussed the case from his office in a squat pink complex about a 20-minute drive from the Las Vegas Strip. What animates Mr. Oshins is not the juicy marital feud, but the legal arcana governing a trust in Delaware where the Kloiber family parked assets worth hundreds of million of dollars, sheltered from estate taxes.

Mr. Oshins, with a gleeful grin spreading across his face, relished the thought of the no-longer-beloved Mrs. Kloiber busting through the trust and exposing a potential chink in the formidable trust protection armor promised by Delaware — which just happens to fiercely compete with Nevada for the lucrative business of shielding assets owned by the superrich.

Although most out-of-town visitors are drawn to the city’s roulette wheels and slot machines, Mr. Oshins and a battalion of tax lawyers, accountants, advisers, trust administrators and bankers cater to an elite clientele that insists on a much more reliable way to build a fortune.

With their backing, Nevada has stoked an aggressive rivalry among a smattering of states to babysit the wealth of the nation’s top 1 percent, pressing public officials to pass laws, streamline regulations, lower fees and replace D.M.V.-level service with concierge treatment.

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

ABA Approves Academic Credit For Paid Externships Despite Faculty Opposition

ABA Logo (2016)Following up on my previous posts (links below):  National Law Journal, ABA Approves Pay for Law Students’ For-Credit Externships:

After more than two years of debate, the American Bar Association has lifted its ban on law students receiving both pay and academic credit for externships.

The organization’s House of Delegates on Monday signed off on a package of changes to its law school accreditation standards that eliminates the longstanding ban on law students getting paid and earning academic credit for externships—programs in which aspiring lawyers gain experience by working in government entities, non-profit organizations, or law firms or companies while in school. ...

It’s too soon for law students to celebrate any potential financial boost from the new policy, however. The ABA is letting individual law schools decide whether or not to allow both pay and academic credit, and externships coordinators and clinic professors are wary of the unintended consequences of adding compensation into the externship mix. Some schools plan to maintain the pay ban, at least initially. ...

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August 9, 2016 in Legal Education | Permalink | Comments (0)

The IRS Scandal, Day 1188

IRS Logo 2Wall Street Journal editorial, The Dissembling IRS: Documents Show the Agency Misled About its Political Targeting:

The IRS has spent three years trying to slow-roll discovery in lawsuits about the way it slow-rolled the applications of conservative nonprofits. The latest episode is on display in federal court in Washington, D.C., in the lawsuit brought by the pro-Israel group Z Street.

Readers may recall that in 2009 Z Street filed for 501(c)(3) status and had its application caught in the net of IRS targeting for groups that opposed Administration policy. When Z Street called the IRS to check on the hold up, an agent confirmed that its application had been sent for special screening for groups connected with Israel.

Z Street sued the IRS in 2010 for viewpoint discrimination, arguing that the agency’s behavior violates the First Amendment. The IRS tried to claim immunity but lost in federal court, clearing the way for discovery that produces evidence and internal documents. Now taxpayers are getting their first glimpse of how the IRS misled about the reasons for its decision to target Z Street. ...

Discovery has also revealed documents that show the IRS made early attempts to shield and obfuscate its special Israel policy. In a November 29, 2010 email, IRS deputy commissioner Steven Miller asked IRS employee Sarah Ingram about “an article on a letter we apparently sent to an org on Israel settlements. What can you tell me.” Ms. Ingram replied that she “Just told Ruth to pull me out when you have a minute. Not doing email on this.”

There are other emails on the subject that have been produced in discovery but redacted to the point that they are unreadable. The IRS is blocking them on grounds that the documents are protected by so-called deliberative process privilege. But that privilege was created to safeguard internal government deliberations not to prevent the public from getting information about government wrongdoing.

The IRS wants to stonewall evidence production until the clock runs out on the Obama Administration on January 20. Let’s hope the courts keep the pressure on the agency so Z Street can see how and why it was mistreated for partisan purposes.

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

Monday, August 8, 2016

Kleinbard:  The Real Reason Trump Won't Release His Tax Returns

Trump (2016)The Hill: Trump’s Pushback on Tax Return Release Reveal True Ambitions, by Edward Kleinbard (USC):

With his nomination secure, Donald Trump has made it clear that he will not release his tax returns. Democrats have responded with outrage, and even bounties for their publication, while Trump supporters scramble to explain why this time is different, and the returns should remain confidential. Trump’s refusal already is costing him in the polls, and the issue will only grow as the election approaches.

So why has Mr. Trump staked out this politically unpalatable position? The answer lies not in any sordid details that Trump’s tax returns might reveal, but rather in what the refusal itself says about the man and his ambitions.

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August 8, 2016 in Political News, Tax | Permalink | Comments (7)

Professor Sues College, Says Requiring Learning Outcomes On Syllabus Violates His Academic Freedom

DIllon 2Post and Courier, Ousted Biology Professor Suing College of Charleston After Syllabus Fight:

Associate Professor of Biology Robert Dillon ... will not return to his lab or the classroom this fall after he locked horns with college leaders in the spring in an obscure battle over a course syllabus. Dillon said he intends to retire on Aug. 15. He is also suing the college and Provost Brian McGee, saying that the college defamed him and denied him due process.

“The Defendants had no right to require Plaintiff to add trivial banalities to the wording of his syllabus,” Dillon wrote in the lawsuit, filed July 21 in Charleston County. ... 

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

Law Firms 'Blindsided' By Drop In Demand, Tax Suffers Biggest Drop (3.4%)

Thomson Reuters, Peer Monitor:

[D]emand pulled back 0.9% in the second quarter. It was the biggest quarterly drop in more than three years. ... While overall market demand dropped in the second quarter, Midsize firms were largely unaffected. Demand for the segment rose 1.1%, and is still up 1.6% year-to-date. In contrast, Am Law 100 fell 1.0% in the quarter and is now down 0.2% year-to-date, while Am Law Second Hundred dropped 1.8% and is down 1.0% year-to-date.

Demand by Practice Areas
Transactional practices, which have largely been a bellwether for the market, turned in a mixed-to-weak performance. Corporate work was largely flat, up barely 0.1%. Year-to-date, it remains up 0.5%. Real estate and tax work, however, both retreated and are now negative year-to-date. Real estate was down 2.3% and is now down 0.4% year-to-date. Tax work declined 3.4% and is down 1.9% yearto-date

Demand

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August 8, 2016 in Legal Education | Permalink | Comments (4)

NY Times:  Brookings, Other Think Tanks Push Donors’ Agendas, Calling Their Objectivity And Tax-Exempt Status Into Question

Brookings (2016)New York Times, Researchers or Corporate Allies? Think Tanks Blur the Line:

Think tanks, which position themselves as “universities without students,” have power in government policy debates because they are seen as researchers independent of moneyed interests. But in the chase for funds, think tanks are pushing agendas important to corporate donors, at times blurring the line between researchers and lobbyists. And they are doing so while reaping the benefits of their tax-exempt status, sometimes without disclosing their connections to corporate interests.

Thousands of pages of internal memos and confidential correspondence between Brookings and other donors — like JPMorgan Chase, the nation’s largest bank; K.K.R., the global investment firm; Microsoft, the software giant; and Hitachi, the Japanese conglomerate — show that financial support often came with assurances from Brookings that it would provide “donation benefits,” including setting up events featuring corporate executives with government officials, according to documents obtained by The New York Times and the New England Center for Investigative Reporting.

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August 8, 2016 in Tax | Permalink | Comments (1)

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:

The Federal Tax Code as a Tool of Public Policy
This panel introduces a variety of proposals aimed at enacting policies through amendments to the Internal Revenue Code. These proposals take the form of deductions, credits and other tax provisions. The policies considered include easing the strain of student loan repayment, the tax consequences of home ownership, and the tax consequences of being a victim of a natural disaster. The panelists consider these and other problems in the context of using tax as a strategic tool for achieving public policy goals.

  • Linda Beale (Wayne State) (moderator)
  • Ted Afield (Georgia State)
  • Stephen Black (Texas Tech)
  • Eric Chaffee (Toledo)
  • Bobby Dexter (Chapman)
  • Daniel Hemel (Chicago)
  • Steve Johnson (Florida State)
  • Patrick Tolan (Western Michigan-Cooley)

Is There a Recovery in Your Future? : A Candid Conversation Between Deans and Former Deans
This is a Panel Discussion similar to that in the last several years dealing candidly with hot topics around legal education. The specific topics depend on the “hot issues” of the moment, but are likely to include questions about whether legal education is recovering from the recession, and what it means for law schools and the profession.

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August 8, 2016 in Conferences, Legal Education, Scholarship | Permalink | Comments (0)

Tenured Rutgers Law Prof Resigns From Bar After Misappropriating $250,000 Of Client Funds

Rutgers Logo (2016)Following up on my previous post, Tenured Rutgers Law Prof Suspended From Practice Of Law For Misappropriating Client Funds: Michael Frisch (Georgetown), Rutgers Law Prof Admits Misappropriation, Resigns From Bar:

A tenured member of the Rutgers Law faculty [Ari Afilalo] has resigned from the Bar of the New York Appellate Division for the First Judicial Department.

Respondent avers his resignation is voluntary, free from coercion and duress, and he is fully aware of the implications of submitting his resignation. Respondent acknowledges that he is the subject of an investigation into allegations of misconduct in connection with his attorney escrow account based upon a dishonored check drawn from his IOLA Trust Account. Admittedly, respondent misappropriated approximately $255,000 from his IOLA Account, in connection with real estate matters, in order to meet his personal and business expenses. Respondent later replenished the funds from an operating account.

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

The IRS Scandal, Day 1187

IRS Logo 2CNN, Court: IRS Needs to Prove It Isn't Targeting Conservative Groups:

A federal appeals court says the Internal Revenue Service has not proven it has ended discriminatory practices against conservative groups seeking tax-exempt status, reinstating a lawsuit against the troubled agency.

The US Court of Appeals for the District of Columbia Circuit's unanimous order on Friday reversed a 2014 lower district court ruling that previously dismissed the lawsuit, which was originally filed the year before.

The federal appeals court found that the IRS had committed some "unconstitutional acts against at least a portion of the plaintiffs," including "Be-On-The-Lookout" or "BOLO" lists where certain organizations' applications for tax-exempt status "were subjected to extended delay" and "were not receiving the same processing as those of other organizations."

Although the IRS announced that it had suspended the use of "BOLO" lists in the application process, the federal appeals court stated that the IRS' use of the word "suspend" indicated that it is not a permanent change.

Additionally, the court ruled that even if the IRS did voluntarily cease all discriminating practices, "it is absurd" to suggest the unlawful activity by the IRS has been eradicated "when two of the appellant-plaintiffs' applications remain pending."

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August 8, 2016 in IRS News, IRS Scandal, Tax | Permalink | Comments (1)

TaxProf Blog Weekend Roundup

Sunday, August 7, 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:

New Tax Scholars Workshop:

  • Neil Buchanan (George Washington) (moderator)
  • Tessa R. Davis (South Carolina), Citizenship and Taxation (Mentor: Patrick Tolan (Western Michigan-Cooley))
  • Adam Smith (Florida), Tax Law Confidential: Limitations on the Attorney-Client Privilege for Tax Lawyers (Mentor: Jennifer Bird-Pollan (Kentucky))
  • Elaine Waterhouse Wilson (West Virginia), Cooperatives in the Exempt Organization Space (Mentor: Terri Helge (Texas A&M))

International Tax Policies and Practices
Papers in this panel address a variety of concerns in the topic of international tax law. Presenters will consider consequences of international tax design questions, as well as issues of international tax enforcement. As international organizations and countries all over the world consider the issue of coordinated international tax enforcement, the topics considered by this panel are more important than ever.

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August 7, 2016 in Conferences, Legal Education, 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 #3:

  1. [365 Downloads]  Dark Pools, High-Frequency Trading, and the Financial Transaction Tax: A Solution or Complication?, by Doron Narotzki (Akron)
  2. [269 Downloads]  Fiduciary Financial Advice to Retirement Savers: Don't Overlook the Prudent Investor Rule , by Max M. Schanzenbach (Northwestern) & Robert H. Sitkoff (Harvard)
  3. [242 Downloads]  The True Economic Effects of Corporate Inversions, by Doron Narotzki (Akron)
  4. [232 Downloads]  Wealth Management, Tax Evasion and Money Laundering: The Panama Papers Case Study, by Ehi Esoimeme (Cardiff)
  5. [210 Downloads]  The U.S. Response to OECD-BEPS and the EU State Aid Cases, by Daniel Shaviro (NYU)

August 7, 2016 in Scholarship, Tax, Top 5 Downloads | Permalink | Comments (0)

At Harvard Law School, Tim Kaine Was Driven By Faith

KaineThe Boston Globe, At Harvard Law, Tim Kaine Was Driven by Faith:

He was a year younger than most of his classmates, a state-school graduate and devout Catholic from the Midwest suddenly surrounded by Ivy Leaguers on a secular East Coast campus.

It was clear, when Tim Kaine arrived at Harvard Law School in the fall of 1979, that he was not exactly in his natural element. And it didn’t take long for him to lose faith in his chosen field on the cutthroat camp“

He had a crisis of purpose during his first year in law school when he realized most of his fellow classmates went on to become corporate lawyers with practices and principles with which he didn’t agree,” said Scott Brown, a New Hampshire energy investor who met Kaine on their first day of law school. “I encouraged him to veer off.”us of career-minded law students.

Kaine’s bumpy years at Harvard helped clarify what he wanted — and didn’t want — in life, friends said, and introduced him to some of the issues, like the death penalty, that he would later confront as a governor, senator, and, now, Democratic vice presidential nominee.

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August 7, 2016 in Legal Education, Political News | Permalink | Comments (7)

The IRS Scandal, Day 1186

IRS Logo 2Walter Olson, DC Circuit Reinstates Conservative Groups’ Lawsuits against IRS Targeting:

Remember the claims from Obama administration fans that the scandal of the Internal Revenue Service targeting Tea Party and conservative groups wasn’t really much of a scandal after all; that it was the result of inadvertence or incompetence and, in any event, has been fully addressed so that it won’t happen again?

A unanimous panel of the DC Circuit Court of Appeals isn’t buying it. Today the circuit’s three-judge panel unanimously reinstated lawsuits against the IRS over the targeting program. With scathing language, it ruled that a lower court had improperly credited the IRS’s promises that it had ended its abusive targeting and sought to rectify the harms being sued over. In fact, the court said, evidence indicates that the IRS has not only failed to provide adequate guarantees of future good behavior, but continues even now to hassle some of the groups it harassed.

American Center for Law & Justice, ACLJ Wins Significant Victory Against the Obama Administration’s IRS Targeting:

We just secured a major victory in federal appeals court against the Obama Administration’s IRS.  The court unequivocally agreed with our position that the IRS’s targeting of conservatives has not ended and that our clients – numerous conservative, Tea Party, and pro-life groups – deserve to have their day in court.

Just hours ago, the U.S. Court of Appeals for the D.C. Circuit issued a decision in our IRS targeting scandal case, affirming in part and reversing in part the district court’s decision of dismissal, and remanding the case for further proceedings on all constitutional claims.

In its opinion, the appellate court agreed that the district court’s decision dismissing our clients’ – thirty-eight non-profit organizations from twenty-two states subjected to numerous violations of their First Amendment rights – claims was made in error on the unfounded position that the IRS had since ceased all allegedly illegal activity.

The court was quick to criticize the IRS’s absurd arguments that it had voluntarily ceased all illegal activity, stating unequivocally in the opinion that “voluntary cessation [by the IRS of the alleged illegal activity] has never occurred.”

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August 7, 2016 in IRS News, IRS Scandal, Tax | Permalink | Comments (6)

Saturday, August 6, 2016

This Week's Ten Most Popular TaxProf Blog Posts

How To Stay Married To A Lawyer

JBThe Lawyerist, How to Stay Married to a Lawyer:

What are the challenges that come with marrying a lawyer and maintaining a happy marriage with a lawyer? Are there special rules or considerations when loving a lawyer?

I sat down with two therapists, Laura Freeman and Will Meyerhofer to help me figure this out. Freeman, a clinical psychologist in California, is in a unique position to share her insights and advice because she is married to a lawyer, Brian Freeman. Meyerhofer is a former Sullivan & Cromwell BigLaw refugee who went on to become a psychotherapist.

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August 6, 2016 | Permalink | Comments (0)

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:

Philosophies and Approaches to Law School Teaching
What are the philosophies of teaching held by experienced and effective law professors? How do these teachers approach the law school classroom? More specifically, how do the professors define their learning goals for their students? What are the things these teachers do that make them effective? This panel answers these and other questions about the art and science of teaching.

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August 6, 2016 in Conferences, Legal Education, Teaching | Permalink | Comments (0)

The IRS Scandal, Day 1185

IRS Logo 2True the Vote v. IRS, No. 14-5316 (D.C. Cir. Aug. 5, 2016):

The IRS offers a rather puzzling explanation for why the continued failure to afford proper processing to at least some of the victim applicants should not prevent a finding of cessation. That explanation is that the organizations whose applications were still pending “were involved in ‘litigation’ with the Justice Department ….” The Service’s brief further illuminates this point with a footnote explaining that “[u]nder long-standing procedures, administrative action on an application for exemption is ordinarily suspended if the applicant files suit in court.”

It is not at all clear why the IRS proposes that not ceasing becomes cessation if the victim of the conduct is litigating against it. The IRS position is reminiscent of Catch-22 from the novel of the same name.

Under that “catch,” World War II airmen were not required to fly if they were mentally ill. However, anyone who applied to stop flying was evidencing rationality and therefore was not mentally ill. “You are entitled to an exemption from flying,” the government said, “but you can’t get it as long as you are asking for it.”

Parallel to Joseph Heller’s catch, the IRS is telling the applicants in these cases that “we have been violating your rights and not properly processing your applications. You are entitled to have your applications processed. But if you ask for that processing by way of a lawsuit, then you can’t have it.”

We would advise the IRS: if you haven’t ceased to violate the rights of the taxpayers, then there is no cessation. You have not carried your burden, be it heavy or light.

The IRS’s only further attempt to justify the lack of cessation as to some of the applicants is to refer to its Catch-22 litigation rule as a “longstanding policy.” To this we would advise the IRS: if you haven’t ceased discriminatory conduct, the fact that you have been failing to cease it for a long time does not create cessation. You still have not carried your burden….

Even if we assumed there was voluntary cessation, we would still conclude that the government has not carried its burden to establish mootness because it has not demonstrated that “(1) there is no reasonable expectation that the conduct will recur [or] (2) interim relief or events have completely and irrevocably eradicated the effects of the alleged violation.” ...

[T]he complaints alleged extensive discriminatory conduct including “delayed processing … harassing, probing, and unconstitutional requests for additional information that … required applicants to disclose, among other things, donor lists, direct and indirect communications with members of legislative bodies, Internet passwords and user names, copies of social media and other Internet postings, and even the political and charitable activities of family members.” While the Inspector General’s Report references many of these discriminatory actions, neither it nor anything else presented by the government meets the heavy burden of establishing that “interim relief or events have completely and irrevocably eradicated the effects of the alleged violation.

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August 6, 2016 in IRS News, IRS Scandal, Law Review Rankings | Permalink | Comments (2)

Friday, August 5, 2016

Oei Reviews Dick's U.S. Tax Imperialism In Puerto Rico

Jotwell (2016)Shu-Yi Oei (Tulane), U.S. Tax Policy and Puerto Rico's Fiscal History, JOTWELL (2016) (reviewing Diane Lourdes Dick (Seattle), U.S. Tax Imperialism in Puerto Rico, 65 Am. U. L. Rev. ___ (2016):

U.S. Tax Imperialism in Puerto Rico is a careful, interesting, and timely account of how the U.S. has designed tax policies with respect to Puerto Rico since 1898, but its contribution does not end there. The article also raises broader questions.

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August 5, 2016 in Scholarship, Tax | Permalink | Comments (0)

Pepperdine Law Grad Brittney Lane To Clerk For Justice Thomas

LanePress Release:

Pepperdine School of Law valedictorian Brittney Lane (JD ’12) will clerk for Supreme Court Associate Justice Clarence Thomas during the October 2017 term. Lane, currently an associate attorney with O’Melveny & Myers in Los Angeles, previously clerked on the Sixth and Ninth Circuit Courts of Appeal. The last Pepperdine Law graduate to clerk for the Supreme Court was Jack L. White (JD ’03), who served Justice Samuel A. Alito, Jr., in 2008-2009.

“Pepperdine School of Law is very proud that Brittney Lane will be clerking for Justice Clarence Thomas,” says Dean Deanell Reece Tacha, Duane and Kelly Roberts Dean and Professor of Law at Pepperdine and former Chief Judge of the U.S. Court of Appeals for the Tenth Circuit. “Justice Thomas honors us with this selection and recognizes one of our most outstanding graduates. Brittney will bring to her clerkship all of the talents of the finest lawyers: a brilliant intellect, excellent writing and analytical skills, superb experience in prior clerkships, and a refreshing openness to new ideas, perspectives, and approaches to legal problems. She is animated by a strong sense of personal integrity and humility. She will serve the Justice according to the highest personal and professional standards and will be a joy for him to have in his chambers.”

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

Georgetown 3L:  Put Down That Law School Application, Part 2

Following up my previous post, Georgetown 3L: Law School Is A Terrible Idea For Most People:  Boston Globe, Put Down That Law School Application: Part 2, by Isvari Mohan (J.D. 2016, Georgetown):

A few weeks ago, I wrote a piece on why law school is a bad idea for many people who pursue it. Among the reasons I cited the were the costs, the narrow training, and the reality that the financial payoff may not be as big as expected.

I also mentioned the 1 percent of people it’s right for — people who have experience working in the law and actually like it, people who want the flexibility to bounce between government and private sector jobs, and people who have the money and time to spend three years in school.

But even if you’re not in that 1 percent — and I wasn’t — you might end up in law school. A few years ago, everyone told me not to go, and I went nonetheless. Today, I couldn’t love it more.

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August 5, 2016 in Legal Education | Permalink | Comments (1)

Weekly Legal Education Roundup 2.0

Note from Paul Caron:  As I explained on Monday, due to my growing other commitments, I have taken steps to reduce the amount of time I devote to TaxProf Blog. Two weeks ago, I stopped doing the weekly tax, legal education, SSRN, and student tax note roundups. Scott Fruehwald of our sister Legal Skills Prof Blog has graciously agreed to take over the weekly legal education roundup. If you would like to take over the weekly SSRN or tax roundups as a service to the tax community, please let me know.

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August 5, 2016 in Legal Education, Weekly Legal Education Roundup | Permalink | Comments (0)

Number Of LSAT Test-Takers Falls 0.8% in June

After registering the first increase in LSAT test-takers in six years in the 2015-16 cycle, LSAC reports that the number of test-takers was down 0.8% in the first test administration (June) of the 2016-17 cycle:

LSAC

Matt Leichter, LSAT Tea-Leaf Reading: June 2016 Edition:

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

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:

Scholarship Nuts and Bolts
This panel addresses how to create an environment, agenda and process for successful scholarship. It explores such topics as using research assistants, developing outside resources, co-authors, and more. The session emphasizes the scholarship process for all kinds of publications, including law review articles, books, bar association reports, and the like. It offers perspectives on how to prioritize work, as well as suggesting some dos and don’ts.

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August 5, 2016 in Conferences, Legal Education, Scholarship | Permalink | Comments (0)