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Thursday, February 19, 2015

Katz & Margolis: The Role of Leadership and Curricular Change in Transforming Legal Education

Martin Katz (Dean, Denver) & Kenneth R. Margolis (Case Western), Transforming Legal Education as an Imperative in Today's World: Leadership and Curricular Change:

This article is a chapter in the new book, Building on Best Practices: Transforming Legal Education in a Changing World (Deborah Maranville, Lisa Radtke Bliss, Carolyn Wilkes Kaas & Antoinette Sedillo Lopez eds., forthcoming Lexis 2015.) The article aims to identify and explore the emerging best practices for law school leaders in encouraging both individual and institution-wide reform. The authors identify and discuss the differing interests of the various stakeholders in legal education: students, faculty, university administrators, alumni and practitioners, potential clients, and society at large. They urge reformers to take the interests of the various stakeholders into account, obtain input from them, and set reform goals with their interests in mind. The authors discuss various models for engaging in the process of reform and some of the factors that will lead to sustainable change. They further describe the importance of reform being “data driven” and some of the processes that can be used to obtain helpful data. They urge reformers to be deliberative and collaborative and, at the same time, bold and timely by establishing clear timelines and deadlines for various steps in the process. The authors then discuss the most significant barriers to institutional and curricular reform, and how they can be overcome: the need for balance in teaching, scholarship and service of faculty members; concerns about academic freedom; cultural inertia and law school rankings; faculty fears about time, expertise and negative student reactions to change; and cost. Finally, the authors urge law school administrators to use incentives to enlist faculty as “change agents” and to expand teacher training programs to meet the new demands.

February 19, 2015 in Legal Education, Scholarship | Permalink | Comments (0)

Wednesday, February 18, 2015

Kleinbard Presents We Are Better Than This Today at Pepperdine

Kleinbard (2015)Edward Kleinbard (USC) presents We Are Better Than This: How Government Should Spend Our Money at Pepperdine today as part of our Tax Policy Colloquium Series:

We Are Better Than This fundamentally reframes budget debates in the United States. Author Edward D. Kleinbard explains how the public's preoccupation with tax policy alone has obscured any understanding of government's ability to complement the private sector through investment and insurance programs that enhance the general welfare and prosperity of our society at large.

He argues that when we choose how government should spend and tax, we open a window into our "fiscal soul," because those choices are the means by which we express the values we cherish and the regard in which we hold our fellow citizens. Though these values are being diminished by short-sighted decisions to starve government, strategic government spending can directly make citizens happier, healthier, and even wealthier.

Expertly combining the latest economic research with his insider knowledge of the budget process into a simple yet compelling narrative, he unmasks the tax mythologies and false arguments that too often dominate contemporary discourse about budget policies. Large quantities of comparative data are succinctly distilled to situate the United States among its peer countries, so that readers can judge for themselves whether contemporary budget choices really reflect our aspirational fiscal soul,

Kleinbard's presentation takes a multi-disciplinary approach, drawing on economics, finance, law, political science and moral philosophy. He uniquely weaves economic research and moral philosophy together by emphasizing our welfare, not just our national income, and by contrasting the actual beliefs of Adam Smith, a great moral philosopher, with the cartoon version of the man presented by proponents of the most extreme forms of private market triumphalism.

Update:  Post-presentation lunch:

Photo 2


February 18, 2015 in Book Club, Colloquia, Scholarship, Tax | Permalink | Comments (0)

Marian Presents Home-Country Effects of Corporate Inversions Today at Penn

Marian (2015)Omri Marian (Florida) presents Home-Country Effects of Corporate Inversions, 90 Wash. L. Rev. ___ (2015), at Pennsylvania today as part of its Tax Law and Policy Workshop Series hosted by Chris William Sanchirico and Reed Shuldiner:

This article develops a framework for the study of the unique effects of corporate inversions (meaning, a change in corporate residence for tax purposes) in the jurisdictions from which corporations invert (“home jurisdictions”). Currently, empirical literature on corporate inversions overstates its policy implications. It is frequently argued that in response to an uncompetitive tax environment, corporations may relocate their headquarters for tax purposes, which, in turn, may result in the loss of positive economic attributes in the home jurisdiction (such as capital expenditures, research and development activity, and high-quality jobs). The association of tax-residence relocation with the dislocation of meaningful economic attributes, however, is not empirically supported and is theoretically tenuous. The article uses case studies to fill this gap. Based on observed factors, the article develops grounded propositions that may describe the meaningful effects of inversions in home jurisdictions. The case studies suggest that whether tax-relocation is associated with the dislocation of meaningful economic attributes is a highly contextualized question. It seems, however, that inversions are more likely to be associated with dislocation of meaningful attributes when non-tax factors support the decision to invert. This suggests that policymakers should be able to draft tax-residence rules that exert non-tax costs on corporate locational decisions in order to prevent tax-motivated inversions.

February 18, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Herzig: Marriage Pluralism -- Taxing Marriage After Windsor

David Herzig (Valparaiso), Marriage Pluralism: Taxing Marriage after Windsor, 36 Cardozo L. Rev. 1 (2014):

The purpose of the tax law is to collect as much revenue in as neutral manner as possible. When the current Code was enacted in 1913 and it was determined that the appropriate taxable unit was the family, a series of patchwork solutions were required to bridge the gap in between the civil and community property law regimes. Those solutions were not based on any fundamental principle of taxation, but, rather, dealing with the binary approach to marriage at that time. As the number of pluralistic approaches to family arrangements increased, the U.S. Department of the Treasury (“Treasury”) did not continue to examine the implications of those relationships. It was not until after U.S. v. Windsor, when the Court decided that the federal definition of marriage in Section 3 of the Defense of Marriage Act (“DOMA”) was unconstitutional, that Treasury was faced with addressing, at the minimum, the state law differential in what it means to be married. As a formal matter, words like “marriage” or “spouse” do appear to require Treasury to investigate the law of a particular state. Treasury had to determine which state’s definition of marriage applies for federal tax purposes: the state where the couple married (state of ceremony) or the state where the couple resides (state of domicile). As a result of the state level distinctions, Treasury issued Revenue Rule 2013-17, in which Treasury (and thus the IRS) stated that, for federal tax purposes, same-sex couples legally married in jurisdictions that recognize their marriages will be treated as married regardless of whether the state of domicile recognizes that marriage.

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February 18, 2015 in Scholarship, Tax | Permalink | Comments (0)

Schmalbeck: Ending the Sweetheart Deal Between Big-Time College Sports and the Tax System

NCAA LogoRichard Schmalbeck (Duke), Ending the Sweetheart Deal between Big-Time College Sports and the Tax System:

This paper was prepared for the annual conference of the National Center for Philanthropy and Law, held at the NYU Law School, held October 24-25, 2013. The overall topic was “Tax Issues Affecting Colleges and Universities,” and I was asked to address specifically those issues relating to athletics. This paper considers two specific issues that have in common only that they involve college sports, and are plagued by egregiously bad, (in this case, egregiously generous), tax treatment: the failure of the IRS to regard any part of the revenue from college sports as unrelated business income, and the choice by Congress to allow taxpayers to deduct 80% of contributions that they make to colleges or their “booster clubs,” even when those contributions entitle the donors to special privileges in purchasing tickets to college athletic events.

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February 18, 2015 in Scholarship, Tax | Permalink | Comments (2)

Call for Papers: International Energy Taxation

Call for papers:  International Taxation in the Energy Sector:

Oil, Gas and Energy Law Intelligence invites submissions for a special issue on International Taxation in the Energy Sector. ... Submissions of relevant tax articles are invited for inclusion in this special tax issue. It is intended that the majority of papers will cover international taxation, but country specific tax issues related to the energy sector will also be welcomed. Potential topics related to these international tax issues could include:

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February 18, 2015 in Conferences, Scholarship, Tax | Permalink | Comments (0)

Drexel Symposium: ERISA at 40

Drexel LogoSymposium, ERISA at 40: What Were They Thinking?, 6 Drexel L. Rev. 257-587 (2014)

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February 18, 2015 in Scholarship, Tax | Permalink | Comments (0)

Tuesday, February 17, 2015

Peroni Presents Getting Serious About Cross-Border Earnings Stripping Today at Minnesota

Peroni (2015)Robert Peroni (Texas) presents Getting Serious About Cross-Border Earnings Stripping: Establishing an Analytical Framework today at Minnesota as part of its Perspectives on Taxation Lecture Series hosted by Kristin Hickman:

Earnings stripping the U.S. corporate tax base is a major objective of U.S. corporations that engage in “inversion” transactions to become a subsidiary in a foreign-parented group. Prof. Peroni will discuss how the earnings stripping problem extends beyond corporate inversions to U.S. subsidiaries of foreign-parent groups regardless of how the groups were formed, and also how this problem is independent of the debate over whether the U.S. should adopt a territorial approach. He will share his theoretical framework, developed with Steve Shay (Harvard) and Cliff Fleming (BYU), for analyzing earnings stripping and identifying the scope of an appropriate response. He will also address these issues in context of international tax reform more broadly.

February 17, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Rosenzweig: Does Punishment Work (At Least In International Tax)?

Jotwell Adam Rosenzweig (Washington University), Does Punishment Work (At Least In International Tax)? (Jotwell) (reviewing Niels Johannesen (University of Copenhagen) & Gabriel Zucman (UC-Berkeley & London School of Economics), The End of Bank Secrecy? An Evaluation of the G20 Tax Haven Crackdown, 2014 Am. Econ. J. Econ. Policy 65):

The best way to describe the project is to quote the abstract:

During the financial crisis, G20 countries compelled tax havens to sign bilateral treaties providing for exchange of bank information. Policymakers have celebrated this global initiative as the end of bank secrecy. Exploiting a unique panel dataset, our study is the first attempt to assess how the treaties affected bank deposits in tax havens. Rather than repatriating funds, our results suggest that tax evaders shifted deposits to havens not covered by a treaty with their home country. The crackdown thus caused a relocation of deposits at the benefit of the least compliant havens.

This paper provides an extremely important and timely contribution to the international tax literature. Anecdotal evidence about the effectiveness of punishment has been mixed to date, and there has been little empirical data directly on the question. Further, the question taps into a larger debate over the underlying, root causes of tax competition more generally. By providing empirical data directly on this question, Johannesen and Zucman move the debate forward in an extremely valuable way.

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February 17, 2015 in Scholarship, Tax | Permalink | Comments (0)

Systematic Inequality and Hierarchy in Faculty Hiring Networks

Aaron Clauset (Colorado), Samuel Arbesman (Colorado) & Daniel B. Larremore (Harvard), Systematic Inequality and Hierarchy in Faculty Hiring Networks:

F1.large-1The faculty job market plays a fundamental role in shaping research priorities, educational outcomes, and career trajectories among scientists and institutions. However, a quantitative understanding of faculty hiring as a system is lacking. Using a simple technique to extract the institutional prestige ranking that best explains an observed faculty hiring network—who hires whose graduates as faculty—we present and analyze comprehensive placement data on nearly 19,000 regular faculty in three disparate disciplines. Across disciplines, we find that faculty hiring follows a common and steeply hierarchical structure that reflects profound social inequality. Furthermore, doctoral prestige alone better predicts ultimate placement than a U.S. News & World Report rank, women generally place worse than men, and increased institutional prestige leads to increased faculty production, better faculty placement, and a more influential position within the discipline. These results advance our ability to quantify the influence of prestige in academia and shed new light on the academic system.

Inside Higher Ed, Study Suggests Insular Faculty Hiring Practices in Elite Departments:

By now, the secret is out in some disciplines: if you want to land a tenure-line faculty job, you’d better attend a highly ranked graduate program -- not necessarily because they’re better but because the market favors prestige. But a new study suggests that “social inequality” might be worse than previously thought, across a range of different disciplines.

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February 17, 2015 in Legal Education, Scholarship | Permalink | Comments (5)

Does the U.S. System of Taxation on Multinationals Advantage Foreign Acquirers?

Andrew Bird (Carnegie Mellon), Alexander Edwards (Toronto) & Terry J. Shevlin (UC-Irvine), Does the U.S. System of Taxation on Multinationals Advantage Foreign Acquirers?:

The ability for deferral of home country taxation on multinationals’ foreign earnings within the U.S. tax code creates an incentive for firms to avoid or delay repatriation of earnings to the U.S. Consistent with this incentive, prior research has documented a substantial lockout effect resulting from the current U.S. worldwide tax and financial reporting systems. We hypothesize and find that U.S. domiciled M&A target firms with more locked-out earnings are more likely to be acquired by foreigner acquirers, compared to domestic acquirers as a result of this tax advantage. The effect is economically significant; a standard deviation increase in our proxy for locked-out earnings is associated with a 14% relative increase in the likelihood that an acquirer is foreign. We also examine the impact of the home country tax system of the foreign acquirers. Because multinationals facing territorial tax systems are able to shift income to save taxes to a greater extent than firms domiciled in worldwide countries, the tax advantages for a foreign firm acquiring a U.S. target with locked-out earnings are potentially greater when the foreign firm operates under a territorial tax system. We find that foreign acquirers of U.S. target firms with locked-out earnings are more likely to be residents of countries that use territorial tax systems.

February 17, 2015 in Scholarship, Tax | Permalink | Comments (0)

Monday, February 16, 2015

Call for Proposals: Association for Mid-Career Tax Law Professors

The Association for Mid-Career Tax Law Professors (“AMT”) has issued a  Call for Proposals:

Mid-CareerAMT is a recurring conference intended to bring together relatively recently-tenured professors of tax law for scholarly discussion. Our inaugural meeting will be held on Thursday and Friday, June 4 & 5, 2015, on the campus of The Ohio State University Moritz College of Law. We anticipate that official proceedings will wrap up by noon on June 5. Thanks to the generous support of Law, Finance and Governance @ Ohio State and The Ohio State University Moritz College of Law, AMT is able to provide attendees with conference meals and refreshments. AMT can commit to ensuring that these meals will not be “lavish or extravagant under the circumstances.” Attendees will be expected to cover their own travel and lodging expenses.

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February 16, 2015 in Legal Education, Scholarship, Tax | Permalink | Comments (0)

Benefit Corporations: The Latest Development in the Evolution of Social Enterprise

Mystica M. Alexander (Bentley University), Benefit Corporations—The Latest Development in the Evolution of Social Enterprise: Are they Worthy of a Taxpayer Subsidy?, 38 Seton Hall Legis. J. 219 (2014):

Benefit CorporationThe purpose of this Article is twofold: (1) placing the Benefit Corporation within the historical context of the social enterprise movement in the United States, and (2) considering whether Benefit Corporations should qualify for the preferred tax treatment given to nonprofit organizations. Part II of this Article explores the evolution of the social enterprise movement and the path leading to the hybrid entity’s rise in the United States. Part III provides a closer look at the legal requirements imposed on Benefit Corporations. Part IV outlines the requirements that must be met for a nonprofit organization to qualify for tax benefits and the rationale behind such benefits. Part V addresses whether the tax benefits made available to nonprofit organizations should be extended to Benefit Corporations. This Article concludes that although the Benefit Corporation represents a natural progression in the evolution of social enterprise, its organizational and operational structure does not provide sufficient grounds for extending special tax treatment to these organizations.

February 16, 2015 in Scholarship, Tax | Permalink | Comments (0)

Yin: Goodbye to Tax Notes?

Yin (2015)TaxProf Blog op-ed:  Goodbye to Tax Notes?, by George K. Yin (Virginia):    

In Goodbye to Tax Notes, Michael Graetz bids adieu to one of my favorite sources of tax information because of dramatic changes in their subscription practices. He states that “there are many alternative sources of information and new outlets to publish the kinds of short articles that Tax Notes contains.” He mentions SSRN, ITPF, Paul Caron’s blog, and other possibilities. While I and my school are not happy with the subscription changes, I am not sure there are good alternatives available and would be happy to learn otherwise.

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February 16, 2015 in Scholarship, Tax, Tax Analysts | Permalink | Comments (0)

Sunday, February 15, 2015

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 new papers debuting on the list at #3, #4, and #5:

  1. [149 Downloads]  David Foster Wallace on Tax Policy, How to Be an Adult, and Other Mysteries of the Universe, by Arthur J. Cockfield (Queen's University)
  2. [121 Downloads]  Taxation and Surveillance -- An Agenda, by Michael Hatfield (University of Washington)
  3. [116 Downloads]  Fiscally Transparent Entities: Eligibility for Tax Treaty Benefits, by Sumeet Khurana & Ashish Karundia
  4. [108 Downloads]  Inevitable: Sports Gambling, State Regulation, and the Pursuit of Revenue, by Anastasios Kaburakis (St. Louis), Ryan M. Rodenberg (Florida State) & John T. Holden (Florida State)
  5. [97 Downloads]  Tax Regulation, Transportation Innovation, and the Sharing Economy, by Jordan M. Barry (San Diego) & Paul L. Caron (Pepperdine)

February 15, 2015 in Scholarship, Tax, Top 5 Downloads | Permalink | Comments (0)

Saturday, February 14, 2015

Weekly SSRN Tax Roundup

Friday, February 13, 2015

Lawsky Presents Statutory Reasoning at Northwestern

LawskySarah B. Lawsky (UC–Irvine) presented Statutory Reasoning at Northwestern yesterday as part of its Tax Colloquium Series hosted by Lawrence Zelenak:

Sarah Lawsky examines the structure of statutory reasoning after ambiguities are resolved and the meaning of the statute’s terms established. For statutory reasoning is not best understood as merely deductive.  And while statutory reasoning can be fruitfully modeled using formal logic, standard formal logic is not the best approach for modeling statutory reasoning. Rather, this paper argues, using the Internal Revenue Code and accompanying regulations, judicial decisions, and rulings as its primary example, that at least some statutory reasoning is best characterized as defeasible reasoning—reasoning that may result in conclusions that can be defeated by subsequent information—and is best modeled using default logic.

February 13, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Weekly Student Tax Note Roundup

February 13, 2015 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Tahk: The Tax War on Poverty

Susannah Camic Tahk (Wisconsin), The Tax War on Poverty, 56 Ariz. L. Rev. 791 (2014):

In recent years, the war on poverty has moved in large part into the tax code. Scholarship has started to note that the tax laws, which once exacerbated the problem of poverty, have become increasingly powerful tools that the federal government uses to fight against it. Yet questions remain about how this new tax war on poverty works, how it is different from the decades of non-tax anti-poverty policy and how it could improve. To answer these questions, this Article looks comprehensively at the provisions that make up the new tax war on poverty. First, this Article examines each major piece of the tax war on poverty. The Article looks at its mechanics of each, its political history and its effectiveness at addressing poverty. Second, this Article analyzes the tax war on poverty as a whole, identifying commonalities across its different provisions and highlighting its distinctive features. Third, this Article proposes ways that the tax war on poverty could be more effective. In particular, this Article examines how tax lawmakers and tax lawyers could approach this task. In so doing, this Article conceptualizes tax law as the new poverty law and proposes a growing role for public-interest tax lawyers.

February 13, 2015 in Scholarship, Tax | Permalink | Comments (0)

Robinson: Skin in the Game -- Invisible Taxpayers, Invisible Citizens?

Mildred Robinson (Virginia), Skin in the Game: Invisible Taxpayers, Invisible Citizens?, 59 Vill. L. Rev.729 (2014):

This essay was the basis for the Rev. Dr. Martin Luther King, Jr. Memorial Lecture at the Villanova University School of Law on January 27, 2014. It examines economic justice from a tax perspective.

“Skin in the game” – some thing that the interested party has at risk – has become a part of everyday American political discourse. Personal financial risk – some personal stake – is demanded of all “players.” The implications are clear: no skin, no play. The requirement for “skin in the game” in the context of ongoing fiscal debate along with the “concern” that in 2011 almost fifty percent of Americans paid no federal income tax is the latest version of the ongoing “cut-taxes/reduce governmental size” wrangling. It is also another play on the high political salience of the federal income tax as an institution.

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February 13, 2015 in Scholarship, Tax | Permalink | Comments (1)

Thursday, February 12, 2015

Seto Presents Preference-Shifting and Optimal Tax Theory Today at UCLA

Seto (2014)Theodore P. Seto (Loyola-L.A.) presents Some Implications of Preference-Shifting for Optimal Tax Theory at UCLA today as part of its Colloquium on Tax Policy and Public Finance hosted by Jason Oh and Alexander Wu:

This paper is part of a larger project: to explore the extent to which the claims of optimal tax theory are sensitive to the assumptions that underlie them. The paper focuses on two canonical assertions of the standard model: (1) that taxes produce deadweight loss (Harberger 1964), and (2) that 100 percent of all taxes are borne by human beings, the only question being which. The assumption it relaxes is the standard welfarist assumption that preferences are fixed and exogenous and reflect welfare. Although this assumption is not widely accepted in other social sciences, economists generally treat situations in which it does not hold (situations involving “internalities”) as limited exceptions, and therefore of limited interest.

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February 12, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

The Tax Lawyer Publishes New Issue

The Tax Lawyer (2013)The Tax Lawyer has published Vol. 68, No. 1 (Fall 2014):

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February 12, 2015 in ABA Tax Section, Scholarship, Tax | Permalink | Comments (0)

BRICS and the Emergence of International Tax Coordination

BRICSBRICS and the Emergence of International Tax Coordination (IBFD 2015) (Yariv Brauner (Florida) & Pasquale Pistone (WU Vienna), eds.):

The BRICS have been all the rage from the beginning of the millennium. This book focuses on the shift of power in the global economy from the traditionally dominant nations that comprise the OECD, or, even more narrowly, the G7, to emerging economies, perhaps led by the BRICS. The remodeling of the power structure shaping the global economy and global economic governance more generally is possibly being paralleled by a corresponding reformatting of international taxation. The dominance of the richest countries in the world over the international tax regime that had evolved over the second part of the 20th century is being defied as the 21st century progresses. Emerging economies, within and outside the OECD, assert their newly found power to acquire voice and influence on the international tax agenda.

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February 12, 2015 in Book Club, Scholarship, Tax | Permalink | Comments (0)

Loving v. IRS: The IRS's Achilles' Heel for Regulated Tax Advice?

Jamie Patrick Hopkins (The American College), Loving v. IRS: The IRS's Achilles' Heel for Regulated Tax Advice?, 34 Va. Tax Rev. 191 (2014):

In an attempt to regulate the multi-billion dollar tax preparer industry — which employs hundreds of thousands of employees — the Internal Revenue Service (Service) began developing rules pertaining specifically to non-professional tax return preparers, previously unregulated by the Service. However, the Service’s attempt to expand its regulatory reach over non-professional tax return preparers was short-lived. It resulted in a severely damaging decision in Loving v. IRS, in which the court concluded that the Service had only limited statutory authority to regulate non-professional tax preparers. While the Service focused its attention on additional ways to rein in tax return preparers, tax professionals took notice of the Loving I and II decisions as they might apply in a broader context, and an important question arose: to what extent can the Service regulate those tax professionals, such as lawyers and certified public accountants (CPAs), if the tax professional only provides tax advice or mere tax preparation services but does not “represent” taxpayers before the Service? Not more than six months later this question was partially answered in another landmark decision in Ridgely v. Lew in which Loving II was applied not only to non-professional tax preparers, but to tax professionals as well, further crippling the ability of the Service to regulate tax professionals and the tax preparation industry. Following Ridgely, the Service is left with one final beacon of hope to regulate tax professionals, 31 U.S.C. § 330(d), which the Service believes empowers it with the ability to regulate written tax advice provided by all tax practitioners. However, if the statutory analysis used in Ridgely and Loving is applied to 31 U.S.C. § 330(d), a reasonable interpretation might limit the Service’s ability to regulate written tax advice only to those situations in which a tax practitioner is practicing as a representative before the Service. 

February 12, 2015 in IRS News, Scholarship, Tax | Permalink | Comments (0)

Zolt: Politics and Taxation

Eric M. Zolt (UCLA), Politics and Taxation: An Introduction, 67 Tax L. Rev. 453 (2014):

This essay provides some observations about the relationship of politics and taxation and reviews the articles and commentaries that were prepared for the Third Annual NYU/UCLA Tax Policy Conference on Politics and Taxation held in Los Angeles on October 18, 2013. Understanding the relationship between politics and taxation is important for several reasons. First, it may help explain why countries adopt different taxing and spending patterns. It may also explain why the frequency, success and stability of tax reform efforts vary among countries. Finally a better understanding of politics and taxation may provide insights into such questions on how institutions shape policy outcomes and how tax policy may contribute to successful democratic governments.

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February 12, 2015 in Conferences, Scholarship, Tax | Permalink | Comments (0)

Gerzog: What's Wrong with a Federal Inheritance Tax?

Wendy C. Gerzog (Baltimore), What's Wrong with a Federal Inheritance Tax?, 49 Real Prop. Tr. & Est. L.J. 163 (2014):

Scholars have proposed a federal inheritance tax as an alternative to the current federal transfer tax system, but there are serious flaws with that idea. Those problems include: (1) different tax rates and exemptions based on the decedent’s relationship to the beneficiary; (2) the lack of a tax on lifetime gratuitous transfers, including gifts with retained interests or control; (3) the persistence of most current valuation distortion abuses; and (4) significantly decreased compliance rates and increased administrative costs inherent in a system that taxes transferees on transactions that may be largely unmonitored.

This article reviews common characteristics of existing inheritance tax systems in our U.S. states and internationally, particularly in Europe. In addition, the article analyzes the novel Comprehensive Inheritance Tax (CIT) proposal of Professor Batchelder [What Should Society Expect from Heirs? The Case for a Comprehensive Inheritance Tax, 63 Tax L. Rev. 1 (2009)] that combines some elements of existing inheritance tax systems with some features of the current transfer tax system and delivers the CIT through the federal income tax system.

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February 12, 2015 in Scholarship, Tax | Permalink | Comments (0)

Tax Rates and Corporate Decision Making

John Graham (Duke), Michelle Hanlon (MIT), Terry Shevlin (UC-Irvine) & Nemit Shroff (MIT), Tax Rates and Corporate Decision Making:

We provide evidence consistent with many firms exhibiting behavioral biases (heuristics, salience) when incorporating taxes into their decision processes. For example, we find that many firms employ the more salient average tax rate (i.e., the GAAP effective tax rate) to evaluate incremental decisions rather than the more theoretically correct marginal tax rate. We estimate that behavioral biases that influence firms to use the average tax rate for decision-making lead to deadweight losses that average $10 million for poor capital structure decisions and $25 million for suboptimal acquisitions, and also reduce the responsiveness of corporate investment to growth opportunities.

February 12, 2015 in Scholarship, Tax | Permalink | Comments (0)

Wednesday, February 11, 2015

Kleinbard: Why Corporate Tax Reform Can Happen

Edward Kleinbard (USC), Why Corporate Tax Reform Can Happen:

This brief essay explains in an informal way to nonspecialists what the stakes are for corporate tax reform and why such reform is more politically feasible than most observers believe. The essay emphasizes the central importance of international tax design as the largest conceptual impediment, but demonstrates that a framework has emerged that can serve as the basis for constructive negotiations. The essay further offers a novel strategy for dealing with the problem that a large fraction of U.S. business income is earned by unincorporated businesses.

February 11, 2015 in Scholarship, Tax | Permalink | Comments (2)

Givati: A Theory of Line Drawing in Tax Law

Yehonatan Givati (Hebrew University of Jerusalem, Faculty of Law), Walking a Fine Line: A Theory of Line Drawing in Tax Law, 34 Va. Tax Rev. ___ (2015):

In many contexts, U.S. tax law grants a favorable tax treatment to transactions of one type and an adverse treatment to transactions of another type. The task of tax authorities is to draw lines in legally gray areas, distinguishing between economically similar transactions that should receive different treatment. Despite tax law’s propensity for line drawing, the manner in which tax authorities draw legal lines has received little attention. This Article aims to fill this gap by providing guidance to tax authorities on how to select the best line drawing instrument in a given situation. First, the Article demonstrates that tax authorities employ four different line drawing instruments: rulemaking, adjudication, private letter ruling and licensing. Second, the Article develops a theory of line drawing in tax law, which identifies three criteria by which tax authorities should choose line drawing instruments: the ideal policy, the effect on taxpayers, and the effect on tax authorities. Finally, the Article applies this theory of line drawing to explain line drawing instruments currently in use.

February 11, 2015 in Scholarship, Tax | Permalink | Comments (0)

Mormann: Beyond Tax Credits -- Smarter Tax Policy

Felix Mormann (Miami), Beyond Tax Credits – Smarter Tax Policy for a Cleaner, More Democratic Energy Future, 31 Yale J. on Reg. 303 (2014):

Solar, wind, and other renewable energy technologies have the potential to mitigate climate change, secure America’s energy independence, and create millions of green jobs. In the absence of a price on carbon emissions, however, these long-term benefits will not be realized without near-term policy support for renewables. Mounting federal debt in excess of $16 trillion, meanwhile, urges careful review of all public expenditures. This Article proposes policy reform to simultaneously promote fiscal sustainability and renewable energy through capital markets and crowdfunding.

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February 11, 2015 in Scholarship, Tax | Permalink | Comments (0)

Postlewaite: The Omnipresence of Subchapter K in the International Arena?

Philip Postlewaite (Northwestern), The Omnipresence of Subchapter K in the International Arena?, 93 Taxes ___ (2015):

The purpose of Subchapter K is to provide certainty as to the appropriate focal point for making tax determinations, i.e., at the partner level or the partnership level, dictating which level is determinative for what purpose. Subchapter K generally ensures that partners are ultimately taxed similarly under the three possible methods of realization upon their investment. Whether (1) the partnership run its course and disposed of its assets for cash and liquidated thereafter, (2) the partner sells his partnership interest to another for cash, or (3) the partnership liquidates by distributing its assets to the partner for sale thereafter, the amount and character of the gain or loss is generally the same, albeit with some deferral in the liquidation context. Regardless of the method chosen, tax consequences ensue.

Subchapter N’s treatment of inbound and outbound activity reflects different overriding purposes. Regarding inbound activity, the goal is to ensure that foreign persons are subject to tax on income, whether investment or business oriented, derived with a nexus to the United States. Regarding outbound activity, the focus is on the avoidance of double taxation by United States persons on income earned abroad as well as limiting the deferral of income by United States persons investing abroad through foreign corporations.

The difficulty arises when partnerships operate internationally, i.e., where Subchapter K and Subchapter N may potentially overlap. Does Subchapter K always control; does Subchapter N? Is the entity approach determinative, the aggregate, or either depending upon the context? What is the ideal model for resolving such issues?

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February 11, 2015 in Scholarship, Tax | Permalink | Comments (0)

Tuesday, February 10, 2015

Toder Presents U.S. Lessons From Other Countries' Taxation of Multinational Corporations Today at NYU

ToderEric Toder (Tax Policy Center) presents Lessons the United States Can Learn From Other Countries' Territorial Systems for Taxing Income of Multinational Corporations (with Rosanne Altshuler (Rutgers) & Stephen Shay (Harvard)) at NYU today as part of its Tax Policy Colloquium Series hosted by Daniel Shaviro and Alan Viard:

The United States has a worldwide system that taxes the dividends its resident multinational corporations receive from their foreign affiliates, while most other countries have territorial systems that exempt these dividends. This report examines the experience of four countries – two with long-standing territorial systems and two that have recently eliminated taxation of repatriated dividends. We find that the reasons for maintaining or introducing dividend exemption systems varied greatly among them and do not necessarily apply to the United States. Moreover, classification of tax systems as worldwide or territorial does not adequately capture differences in how countries tax foreign-source income.  

February 10, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Why Do Developing Countries Tax So Little?

Timothy Besley (London School of Economics) & Torsten Persson (Stockholm University), Why Do Developing Countries Tax So Little?, 28 J. Econ. Perspectives 99 (Fall 2014):

Low-income countries typically collect taxes of between 10 to 20 percent of GDP while the average for high-income countries is more like 40 percent. In order to understand taxation, economic development, and the relationships between them, we need to think about the forces that drive the development process. Poor countries are poor for certain reasons, and these reasons can also help to explain their weakness in raising tax revenue. We begin by laying out some basic relationships regarding how tax revenue as a share of GDP varies with per capita income and with the breadth of a country's tax base. We sketch a baseline model of what determines a country's tax revenue as a share of GDP. We then turn to our primary focus: why do developing countries tax so little? We begin with factors related to the economic structure of these economies. But we argue that there is also an important role for political factors, such as weak institutions, fragmented polities, and a lack of transparency due to weak news media. Moreover, sociological and cultural factors- such as a weak sense of national identity and a poor norm for compliance- may stifle the collection of tax revenue. In each case, we suggest the need for a dynamic approach that encompasses the two-way interactions between these political, social, and cultural factors and the economy.

February 10, 2015 in Scholarship, Tax | Permalink | Comments (1)

Monday, February 9, 2015

NYU Hosts Book Discussion With Eugene Steuerle on How to Restore Fiscal Freedom and Rescue Our Future

DeadThe NYU Graduate Tax Program hosts a discussion today with C. Eugene Steuerle (Urban Institute) on his book, Dead Men Ruling: How to Restore Fiscal Freedom and Rescue Our Future (2014):

Eugene Steuerle argues that these seemingly separable economic and political problems are actually symptoms of a common disease, one unique to our time. Unless that disease and the history of how it spread over time is understood, Steuerle says, it is easy for politicians and voters alike to fall prey to believing in simple but ineffective nostrums, hoping that a cure lies merely in switching political parties or reducing the deficit or protecting and expanding our favorite program.

Despite the despairing claims of many, Steuerle points out that we no more live in an age of austerity than did Americans at the turn into the twentieth century with the demise of the frontier. Conditions are ripe to advance opportunity in ways never before possible, including doing for children and the young in this century what the twentieth did for senior citizens, yet without abandoning those earlier gains. Recognizing this extraordinary but checked potential is also the secret to breaking the political logjam that —as Steuerle points out —was created largely by now dead (or retired) men.

February 9, 2015 in Book Club, Colloquia, Scholarship, Tax | Permalink | Comments (0)

Taylor: Diversity as a Law School Survival Strategy

DiversityAaron N. Taylor (St. Louis),  Diversity as a Law School Survival Strategy (press release):

Over the past few years, law schools have been dealing with a drastic and, so far, unyielding decline in student interest. Between 2010 and 2013, student enrollments fell almost 25%, to levels not seen in 40 years. This trend has prompted many to wonder what schools have done, and what they can do, to ensure their survival in this new climate. This article explores the extent to which law schools have used students of color, particularly black and Hispanic students, to bolster enrollments and lessen the effects of the downturn. The results of this analysis suggest that a school’s median LSAT score influenced the extent to which the racial composition of its entering classes changed between 2010 and 2013. Black and Hispanic students were critical components of the enrollment management calculus for private law schools with the lowest median LSAT scores. Higher-median schools tended to rely more heavily on white and Asian enrollments to stem declines. These trends led to increased racial and ethnic stratification in law school enrollments, where black and Hispanic students were more likely to attend schools with lower median LSAT scores in 2013 than in 2010, while white and Asian students were more likely to attend schools with higher median scores. Perceptions of law school quality and prestige are greatly influenced by a school’s median LSAT score; therefore, the trend of stratification may only serve to intensify racial and ethnic differences in career paths and trajectories.

Update:  National Law Journal, Law School Diversity Improves—But Only at the Bottom

February 9, 2015 in Legal Education, Scholarship | Permalink | Comments (0)

Sunday, February 8, 2015

The Top 5 Tax Paper Downloads

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

  1. [282 Downloads]  Important Developments in Federal Income Taxation (2014), by Edward A. Morse (Creighton)
  2. [178 Downloads]  Thomas Piketty and Inequality: Legal Causes and Tax Solutions, by Paul L. Caron (Pepperdine)
  3. [137 Downloads]  David Foster Wallace on Tax Policy, How to Be an Adult, and Other Mysteries of the Universe, by Arthur J. Cockfield (Queen's University)
  4. [129 Downloads]  Return on Political Investment in the American Jobs Creation Act of 2004, by Hui Chen (Zurich), Katherine Gunny (Colorado) & Karthik Ramanna (Harvard)
  5. [108 Downloads]  Taxation and Surveillance -- An Agenda, by Michael Hatfield (University of Washington)

February 8, 2015 in Scholarship, Tax, Top 5 Downloads | Permalink | Comments (0)

Friday, February 6, 2015

Caron Presents Faculty Scholarship Rankings and Law School Success Today at Pepperdine

Caron 2012 PhotoPaul L. Caron (Pepperdine) presents Faculty Scholarship Rankings and Law School Success at Pepperdine today:

In What Law Schools Can Learn From Billy Beane and the Oakland Athletics, 82 Tex. L. Rev. 1483 (2004), Rafael Gely and I argued that legal education must use technology to develop more sophisticated measures of law school success and faculty contributions to law school success.  Here, I use existing measures of faculty scholarly output (publications) and influence (law review citations, Google Scholar citations (H-Index and M-Index), and SSRN downloads) both to chart how Pepperdine's faculty compares with our competitors and to detail individual Pepperdine faculty contributions in these measures.  I then offer some thoughts on what these existing ranking methodologies leave out in measuring faculty contributions to law school success.  I argue that religious law schools are uniquely positioned to thrive in the midst of the law school crisis because our faith-fueled commitment to our students and to each other empowers us to better define the pathways to success for our schools, our students, and our faculties and equips us to make that journey together.

February 6, 2015 in Colloquia, Legal Education, Scholarship | Permalink | Comments (0)

Weekly SSRN Tax Roundup

Weekly Student Tax Note Roundup

Call for Papers: Citizenship and Taxation Symposium at Michigan

Michigan Law Logo (2015)Call for Papers:

We invite paper proposals for a Citizenship and Taxation Symposium, to be held at the University of Michigan Law School, Ann Arbor, Michigan, on Friday, October 9, 2015. This symposium will focus on ongoing developments regarding the unique US practice of taxing citizens who live permanently overseas. With the adoption of regimes such as the expatriation tax added by IRC § 877A and the Foreign Account Tax Compliance Act (FATCA), the taxation of non-residents with US person status now has serious and tangible implications. ...

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February 6, 2015 in Conferences, Scholarship, Tax | Permalink | Comments (0)

Thursday, February 5, 2015

Raskolnikov Presents Rational Decisions Under Legal Uncertainty Today at Virginia

Raskolnikov (2015)Alex Raskolnikov (Columbia) presents Rational Decisions Under Legal Uncertainty at Virginia today as part of its Law & Economics Workshop Series:

Law is full of rules that are neither clear nor socially optimal. How do rational actors respond to these rules? What are the implications of these responses? These deceptively simple questions have no answers in law and economics. This paper offers a model of rational decisionmaking under legal uncertainty and explores its implications by combining formal economic analysis with a practical understanding of the market for legal advice. The model produces a number of intuitive, realistic results. It demonstrates why rational actors take uncertain positions even if these positions are highly likely to be detected. It suggests that most of these positions will have a better than a fifty-fifty chance of being sustained. And it allows us to investigate a popular but controversial view that greater legal certainty does not necessarily lead to greater compliance. The model’s analysis both refutes the obvious explanation for this view and offers an alternative one. When detection uncertainty is taken into account, the model confirms that the standard damages multiplier works when legal rules are ambiguous. At the same time, the model raises difficult questions about the meaning of compliance when rules are uncertain, the normative significance of various types of uncertainty, and the challenges of assessing private responses to legal uncertainty outside of the familiar confines of the optimal deterrence theory. ;

February 5, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (1)

Morse Presents Safe Harbors, Sure Shipwrecks Today at UCLA

Morse (2015)Susan C. Morse (Texas) presents Safe Harbors, Sure Shipwrecks at UCLA today as part of its Colloquium on Tax Policy and Public Finance hosted by Jason Oh and Alexander Wu:

Safe harbors and sure shipwrecks are rule-standard hybrids that appear throughout statutory, regulatory and case law. Safe harbors guarantee compliance, and also leave open the question of compliance for fact situations not described by the safe harbor. Sure shipwrecks provide a conclusive noncompliance result and also leave open the question of compliance outside the sure shipwreck. Safe harbors and sure shipwrecks produce asymmetric behavioral incentives for persons subject to them. Like bright-line rules, safe harbors encourage behavior to converge from both sides of the line drawn by the safe harbor. This is because of the advantage of a zero chance of liability within the safe harbor. Sure shipwrecks generally encourage convergence only from the noncompliant side of the line. Ex ante versus ex post policy making, overinclusion and underinclusion, interest group influence, and other factors also affect safe harbor and sure shipwreck policy making.

February 5, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Stark Presents Tax Policy in the Super Zips Today at Northwestern

Stark (2014)Kirk Stark (UCLA) presents Tax Policy in the Super Zips at Northwestern today as part of its Tax Colloquium Series hosted by Lawrence Zelenak:

As the distribution of income and wealth has grown more skewed, households have increasingly sorted into income homogenous neighborhoods. The rise of income segregation entails increased fiscal segregation as well, as the operation of federal tax law becomes more differentiated across space. This paper concerns one dimension of the tax law’s disparate geographical impact—i.e., the operation of the federal income tax in the nation’s wealthiest communities, or “Super ZIPs.” Using IRS zip code level data for tax year 2012, the paper examines several key federal income tax characteristics for these zip codes (e.g., AGI, income composition, itemized deductions), comparing these figures to the same data for the nation as a whole as well as select neighboring zip codes on the opposite end of the income distribution. The resulting analysis reveals a stark perspective on income segregation in the United States through the lens of the federal tax system.

February 5, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Wednesday, February 4, 2015

Blanchard Presents The Tax Significance of Legal Personality at NYU

BlanchardKimberly Blanchard (Weil, Gotshal & Manges, New York) presented The Tax Significance of Legal Personality: A U.S. View at NYU yesterday as part of its Tax Policy Colloquium Series hosted by Daniel Shaviro and Alan Viard:

Whereas the fiction of legal personality is often used outside the United States to distinguish partnerships from corporations, U.S. tax rules have never made the distinction on that basis. Although the factors employed by the now-withdrawn Kintner regulations to make that distinction were derived from the same legal tradition, those factors were applied only after it was determined that a legal entity, assumed to have legal personality, existed. The eventual abandonment of those factors and their replacement with the check-the-box regime finally eliminated any vestige of this legal fiction from relevance to the U.S. tax classification of entities.

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February 4, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Sanchirico Presents International Tax and Ownership Nationality Today at Penn

SanchiricoChris William Sanchirico (Pennsylvania) presents As American as Apple Inc.: International Tax and Ownership Nationality, 68 Tax L. Rev. ___ (2014), at Pennsylvania today as part of its Tax Law and Policy Workshop Series hosted by Chris William Sanchirico and Reed Shuldiner:

The ownership nationality of large US multinational companies plays an implicit but important role in the current debate over how such companies should be taxed. This paper identifies that role and investigates what is actually known about where these companies’ shareholders reside.

February 4, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Call for Speakers: CALI Conference at Denver Law School

CALI (2015)CALI has issued a Call for Speakers to law faculty, librarians, and IT staff (April 3 deadline) for its 25th Annual CALI Conference for Law School Computing on  June 18-20, 2015 at the University of Denver Sturm College of Law.  The conference registration fee is reduced to $95 for speakers.

For the 25th Annual Conference for Law School Computing® (aka CALIcon), we wanted a theme that embraced the changes and opportunities in Legal Education. Yes, we are in a crisis, but we are also in the middle of one of the most innovative and experimental periods in legal education history. The freedom and encouragement to change our pedagogies and curricula has been given like never before. Flipped classrooms, experiential learning, incubators, formative assessment - the list goes on and on.

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February 4, 2015 in Conferences, Legal Education, Scholarship, Tax | Permalink | Comments (0)

Tuesday, February 3, 2015

Cohen Presents 'Seg Academies,' Taxes, and Judge Ginsburg Today at Georgetown

Cohen (2015)Stephen Cohen (Georgetown) presents 'Seg Academies,' Taxes, and Judge Ginsburg at Georgetown today as part of its Tax Law and Public Finance Workshop Series:

On the U.S. Court of Appeals for the District of Columbia then-Judge Ruth Bader Ginsburg authored an opinion with profound implications not only for the law of taxation but also for the role of courts in ending racial discrimination in education. The case, Wright v. Regan, involved the intersection of the income tax law and equal protection obligations of federal authorities under the Constitution’s Fifth and Fourteenth Amendments. The issue was whether parents of black schoolchildren had standing to challenge the grant of federal tax-exempt status to racially segregated private schools. In affirming that standing existed, Judge Ginsburg opined that the tax benefits of exempt status constituted significant financial assistance and that the provision of such assistance to racially segregated private schools violated equal protection obligations of the Constitution. Although her decision was unfortunately reversed on appeal by a divided Supreme Court, she provided a persuasive defense of the right of victims of racial discrimination in education to seek redress in the courts and created a benchmark that future Supreme Courts may use to revise a Supreme Court majority decision that appears, at least to this observer, as fundamentally wrong and fundamentally flawed. [The paper is copyrighted by Cambridge University Press and is a chapter in The Legacy of Ruth Bader Ginsburg (Jan. 26, 2015) (Scott Dodson, editor)].

February 3, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

The Structure of American Income Tax Policy Preferences

Cameron Ballard-Rosa (North Carolina), Lucy Martin (Yale) & Kenneth F. Scheve (Stanford), The Structure of American Income Tax Policy Preferences:

Modern income tax systems are multidimensional in that different rates can be applied to different income levels. Few contemporary studies of public preferences over the income tax or redistribution more generally measure policy preferences across the income distribution and none base those estimates on experimental evidence that accounts for revenue constraints. This paper implements an experimental conjoint survey design to measure income tax preferences across the income distribution. We find that policy opinions are generally progressive but that there is an important asymmetry in the elasticity of these preferences. Support for income tax plans is elastic with respect to policies for low income citizens with support decreasing significantly with higher rates on low incomes. In contrast, support for income tax plans increase -- although relatively inelastically -- with respect to higher taxes for high income citizens. Although individuals support tax plans with rates on high incomes that are higher than the low rates preferred for the poor, they are indifferent across a wide range of these high rates which yield very different degrees of progressivity. We also evaluate the correlates of these preferences to determine whether examining the multi-dimensionality of redistributive policy instruments provides new insights about political conflict over redistribution. We present evidence that income tax preferences are correlated with measures of self-interest, beliefs about the efficiency costs of taxes and the determinants of income, religiosity, and racial attitudes and find that political conflict over taxation is primarily over taxing high incomes.

February 3, 2015 in Scholarship, Tax | Permalink | Comments (0)

Monday, February 2, 2015

Graetz Presents The Tax Reform Road Not Taken -- Yet Today at Pepperdine

Graetz (2015)Michael J. Graetz (Columbia) presents The Tax Reform Road Not Taken -- Yet, 67 Nat'l Tax J. 419 (2014), at Pepperdine today as part of our Tax Policy Colloquium Series:

The United States has traveled a unique tax policy path, avoiding value added taxes (VATs), which have now been adopted by every OECD country and 160 countries worldwide. Moreover, many U.S. consumption tax advocates have insisted on direct personalized taxes that are unlike taxes used anywhere in the world. This article details a tax reform plan that uses revenues from a VAT to substantially reduce and reform our nation’s tax system. The plan would (1) enact a destination-based VAT; (2) use the revenue produced by this VAT to finance an income tax exemption of $100,000 of family income and to lower income tax rates on income above that amount; (3) lower the corporate income tax rate to 15 percent; and (4) protect low and-moderate-income workers from a tax increase through payroll tax credits and expanded refundable child tax credits. This revenue and distributionally neutral plan would stimulate economic growth, free more than 150 million Americans from having to file income tax returns, solve the difficult problems of international income taxation, and remove the temptation for Congress to use tax benefits as if they are solutions to the nation’s pressing social and economic problems.

Update:  Post-presentation lunch:


February 2, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Diamond: The Continuing Disconnect Between Law School Critics and Market Reality

Stephen F. Diamond (Santa Clara), The Continuing Disconnect Between Law School Critics and Market Reality:

S&MI just happened to notice that the law school critics continue to distort the findings of the Simkovic and McIntyre paper on the economic value of earning a JD. This paper sends a chill down the spines of the critics because it lays waste to their argument with straightforward data. This requires them to engage not just in mental gymnastics that lead to the kinds of absurd confusions about valuation found here and here but now to outright falsehoods posted to one of the most important law school blogs in the country.

One egregious example is found in the comments section at Paul Caron’s blog, TaxProf. There one finds another anonymous (and ubiquitous blog) commenter named “Unemployed Northeastern” (UNE) who thinks that he has a better grasp on the economics of legal education than that provided by the exhaustive research of S&M. ...

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February 2, 2015 in Legal Education, Scholarship | Permalink | Comments (28)