TaxProf Blog

Editor: Paul L. Caron
Pepperdine University School of Law

Wednesday, October 19, 2016

Speck Presents Expertise And International Tax Norms Today At Northwestern

SpeckSloan Speck (Colorado) presents Expertise and International Tax Norms at Northwestern today as part of its Advanced Topics in Taxation Workshop Series hosted by Sarah Lawsky:

This project explores the ways in which a particular framework for understanding international taxation—a framework driven by so-called international tax neutrality norms—developed among economists and legal academics in the 1960s and subsequently became entrenched among public-sector policymakers. The neutrality norm framework marks a turn from the instrumental use of international taxation in the 1950s toward the ostensibly objective, efficiency-driven orientation towards international taxation that dominates discussions about international tax policy today (though a growing academic literature questions the viability of this orientation). This project explores how the neutrality norm framework came into being, and how it became a durable framework for understanding international tax policy.

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October 19, 2016 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Tuesday, October 18, 2016

McCormack Presents Postpartum Taxation: The Internal Revenue Code And The Opt Out Mom Today At Columbia

McCormackShannon Weeks McCormack (University of Washington) presents Postpartum Taxation: The Internal Revenue Code and the Opt Out Mom at Columbia today as part of its Davis Polk & Wardwell Tax Policy Colloquium Series hosted by Alex Raskolnikov and Wojciech Kopczuk:

Legislation seeking to ensure that women receive equal pay for equal work has been on the books for decades. Nevertheless, the average American woman still receives less than eighty cents for every dollar earned by the average American man. Happily, the gender pay gap between men and childless women is narrowing over time. Meanwhile, the gap between mothers and others continues to widen. Career interruptions contribute significantly to this disturbing trend — nearly half of mothers opt out of the workforce at some point in their lives, most often to care for young children. Faced with too-short (or non-existent) maternity leaves, inflexible work schedules and the soaring costs of childcare in the United States, this opt out phenomenon is hardly surprising. But with the decision to opt out comes grave cost. Over 90% of opt out moms want to return to the workforce several years after off ramping. Unfortunately, many discover that they are unable to do so. A mother that does manage to reenter the workforce will find that even a short off ramp results in a sizeable and disproportionate reduction in her annual earnings that will persist for every year of her remaining life.

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October 18, 2016 in Colloquia, Scholarship, Tax | Permalink | Comments (5)

Taubinsky Presents Heuristic Perceptions Of The Income Tax Today At UC-Berkeley

Taubinsky 2Dmitry Taubinsky (Dartmouth) presents Heuristic Perceptions of the Income Tax: Evidence and Implications for Debiasing (with Alex Rees-Jones (Pennsylvania)) at UC-Berkeley today as part of its Robert D. Burch Center for Tax Policy and Public Finance Seminar:

This paper reports a new survey experiment designed to directly assess misperceptions of the US Federal Income Tax, and presents a theoretical framework for analyzing the redistributive consequences of these misperceptions. Survey participants are asked a series of incentivized questions about the tax that would be owed by a hypothetical taxpayer. This taxpayer is nearly identical to the participant, but household income is varied across questions; forecasts in this setting identify perceptions of the full tax schedule. We estimate the prevalence of previously discussed heuristics for simplifying tax forecasts (Liebman and Zeckhauser, 2004), and identify the qualitative features of the remaining misperceptions that are not captured by existing models.

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October 18, 2016 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Comprehensive Bar Exam Preparation: The Secret Behind Chapman's Overperformance On The California Bar Exam

Chapman Logo (2017)Mario William Mainero (Chapman), We Should Not Rely on Commercial Bar Reviews to Do Our Job: Why Labor-Intensive Comprehensive Bar Examination Preparation Can and Should Be a Part of the Law School Mission, 19 Chapman L. Rev. 545 (2016):

Increasingly, law school bar passage rates are an important concern for faculty and administration, as well as students. The July 2014 bar exam saw a precipitous drop nationally in bar passage rates, including declines ranging from four to over twenty percentage points. At the same time, there have been declines in applications to law schools, declines in admissions statistics (LSAT and undergraduate GPA), and an empirically demonstrable decline in student preparedness for law school. The confluence of these events portends even greater declines in bar passage if law schools do not rethink how they prepare students for the bar exam. This Article examines developments in academic support and bar preparation programs with an eye toward suggesting models for effective in-house bar preparation programs. Specifically, this Article examines: (1) the evolution of academic support programs in law schools to include bar passage programs, with a brief description of the types of programs that traditionally have been available; (2) the particular difficulty posed by the California Bar Exam; (3) the existing types of supplemental programs, and concerns posed by programs that are limited to “bar tips” or even limited practice exams or substantive lectures, given the increased numbers of “at risk” students due to the increase in underpreparedness; (4) the supplemental program at Chapman University’s Fowler School of Law, including the intensity of effort required of both faculty and students in a comprehensive program applicable to all students; and finally, (5) the bar passage results at Chapman University’s Fowler School of Law since adoption of a comprehensive supplemental bar passage program, that have been significantly better than would be expected by some commentators, given its ranking and relative youth as a law school. This Article suggests that the traditional focus of academic support programs, including bar preparation programs, that focus largely on perceived “at risk” students, is insufficient in light of the increased numbers of underprepared students. In order to avoid further calamitous declines in bar passage rates, law schools will have to move from traditional academic support models to models that encourage the entire cohort of students to work together, cooperatively, and that apply extensive time and effort to ensure that all students receive the benefit of these programs.

California Bar Exam Results and U.S. News Rankings by School:

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October 18, 2016 in Legal Education, Scholarship | Permalink | Comments (3)

SSRN Tax Professor Rankings

SSRN LogoSSRN has updated its monthly rankings of 750 American and international law school faculties and 3,000 law professors by (among other things) the number of paper downloads from the SSRN database.  Here is the new list (through October 1, 2016) of the Top 25 U.S. Tax Professors in two of the SSRN categories: all-time downloads and recent downloads (within the past 12 months):

 

 

All-Time

 

Recent

1

Reuven Avi-Yonah (Mich.)

59,656

Reuven Avi-Yonah (Mich.)

10,519

2

Michael Simkovic (S. Hall)

33,897

Michael Simkovic (S. Hall)

4873

3

Paul Caron (Pepperdine)

32,118

D. Dharmapala (Chicago)

3593

4

D. Dharmapala (Chicago)

28,168

Paul Caron (Pepperdine)

2769

5

Louis Kaplow (Harvard)

26,540

Richard Ainsworth (BU)

2356

6

Vic Fleischer (San Diego)

22,968

Robert Sitkoff (Harvard)

2201

7

James Hines (Michigan)

22,124

Ed Kleinbard (USC)

2240

8

Ted Seto (Loyola-L.A.)

21,344

Dan Shaviro (NYU)

2178

9

Richard Kaplan (Illinois)

21,279

William Byrnes (Texas A&M)

2099

10

Ed Kleinbard (USC)

21,023

Lily Batchelder (NYU)

2076

11

Katie Pratt (Loyola-L.A.)

19,305

Chris Hoyt (UMKC)

1880

12

Richard Ainsworth (BU)

18,737

Jeff Kwall (Loyola-Chicago)

1851

13

Robert Sitkoff (Harvard)

18,020

Omri Marian (UC-Irvine)

1812

14

Carter Bishop (Suffolk)

17,317

David Weisbach (Chicago)

1778

15

Brad Borden (Brooklyn)

17,296

Louis Kaplow (Harvard)

1716

16

David Weisbach (Chicago)

17,192

Vic Fleischer (San Diego)

1678

17

Jen Kowal (Loyola-L.A.)

16,905

Nancy McLaughlin (Utah)

1604

18

Chris Sanchirico (Penn)

16,771

Yariv Brauner (Florida)

1594

19

Francine Lipman (UNLV)

16,504

Steven Bank (UCLA)

1590

20

Dennis Ventry (UC-Davis)

16,194

Brad Borden (Brooklyn)

1425

21

Bridget Crawford (Pace)

15,998

Katie Pratt (Loyola-L.A.)

1389

22

Dan Shaviro (NYU)

15,986

Jack Manhire (Texas A&M)

1380

23

David Walker (Boston Univ.)

15,259

Brian Galle (Georgetown)

1374

24

Steven Bank (UCLA)

13,961

Francine Lipman (UNLV)

1354

25

Herwig Schlunk (Vanderbilt)

13,289

Richard Kaplan (Illinois)

1322

Note that this ranking includes full-time tax professors with at least one tax paper on SSRN, and all papers (including non-tax papers) by these tax professors are included in the SSRN data.

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October 18, 2016 in Legal Education, Scholarship, Tax, Tax Prof Rankings | Permalink | Comments (0)

Monday, October 17, 2016

Crane Presents Integrating A Fragmented Corporate Tax Today At Boston College

Crane (2016)Charlotte Crane (Northwestern) presents Integrating a Fragmented Corporate Tax at Boston College today as part of its Tax Policy Workshop Series hosted by Jim Repetti and Diane Ring:

Calls for corporate tax reform are made with increasing intensity. From some perspectives, there appear to be two separate reform efforts, one focused on “integration” of the tax on the corporation itself with the tax its shareholders pay on distributions to eliminate “double taxation,” and the other focused on reform of the taxation of US-based corporations on their offshore earnings.

The problems to be addressed in these two efforts have in the past been largely treated as distinct policy problems. Solutions that integrate the corporate and individual income taxes in order to eliminate “double taxation” have ordinarily assumed that the current system of cross-border taxation remained in place, and solutions that address cross-border taxation have for the most part assumed the existing approach to taxing distributions from corporations to shareholders remains in place.

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October 17, 2016 in Colloquia, Scholarship, Tax | Permalink | Comments (1)

Hoffer Presents Will Treasury's Final Regulations Fix The ABLE Act? Today At Loyola-L.A.

Hoffer (2016)Stephanie Hoffer (Ohio State) presents Will Treasury's Final Regulations Fix the ABLE Act?, 153 Tax Notes 265 (Oct. 10, 2016), at Loyola-L.A. today as part of its Tax Policy Colloquium Series hosted by Ellen Aprill and Katherine Pratt:

Passed as part of the Stephen Beck Jr. Achieving a Better Life Experience Act of 2014 (ABLE Act), section 529A allows states to build tax-preferred savings programs for individuals with qualifying disabilities. The law is similar to section 529, which governs college savings programs, and it is a game-changer for the disability community. Account principal and investment earnings can be withdrawn from the account tax free for qualified disability-related expenditures, and if used appropriately, withdrawals will not affect the beneficiary’s eligibility for Medicaid, Supplemental Security Income (SSI), and other federal supports for people with serious disabilities. But Treasury will determine how truly able the law is to achieve its dual goals of allowing individuals with disabilities to cover their own expenses and save for the future. The law contains both annual and aggregate contribution limits, and interpretation is up for grabs. Under one reading of the law, an account could accept no more than the annual limit, regardless of withdrawals from the account. Under an alternative reading that is more in keeping with the spirit of the law, dollars contributed and then withdrawn in the same year would not count against the annual contribution limit. 

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October 17, 2016 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Tips For Placing Your First Law Review Article

Robert Luther III (Senate Judiciary Committee), Practical Tips for Placing and Publishing Your First Law Review Article, 50 U. Rich. L. Rev. Online 63 (2016):

Many law reviews are only open to the top 10% of the class or to students who excel in a writing competition. While a high percentage of law schools now have at least one journal in addition to the law review, the reality is that well over half of the students enrolled in law school today do not have the opportunity to serve as a law review or journal staff member. Without that experience, those students-turned-lawyers who wish to publish legal scholarship after graduation are left in the dark about where to begin the process. I was one of those individuals, but over the last eight years, I have regularly published legal scholarship. Recently, my former students and other young attorneys have started asking me for advice.

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October 17, 2016 in Legal Education, Scholarship | Permalink | Comments (0)

The Tax Lawyer Publishes New Issue

Polsky & Rosenzweig:  The Up-C Revolution

Gregg D. Polsky (Georgia) & Adam H. Rosenzweig (Washington University), The Up-C Revolution:

Over the past few years, a revolutionary new tax structure, known as the Up-C, has become increasingly popular, particularly in instances where an LLC is being taken public. In such an Up-C IPO, a newly formed C corporation is placed on top of the existing LLC, which continues to operate the business. Shares of the C corporation are sold to new investors, and the proceeds are used by the C corporation to buy an interest in the LLC. Meanwhile, the legacy owners of the LLC (typically, founders and private investment funds) retain their interests in the LLC, while receiving exchange rights that allow them to swap their LLC interests for equivalent-value shares of the C corporation. In addition, the legacy owners often receive the benefit of tax receivables agreements (TRAs), which provide that the owners will receive a specified percentage (usually 85 percent) of the tax benefits to the C corporation resulting from future exchanges. In combination, these features seem to provide a near-nirvana of tax efficiency. It is therefore unsurprising that the popularity of Up-Cs is growing at an exponential rate.

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October 17, 2016 in Scholarship, Tax | Permalink | Comments (0)

Sunday, October 16, 2016

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. The #1 papers is now #24 in all-time downloads among 12,265 tax papers):

  1. [3,532 Downloads]  Families Facing Tax Increases Under Trump's Latest Tax Plan, by Lily L. Batchelder (NYU)
  2. [268 Downloads]  Transfer Pricing Money: The Chevron Case, by Richard J. Vann (Sydney) & Graeme S. Cooper (Sydney)
  3. [185 Downloads]  Law and Macroeconomics: The Law and Economics of Recessions, by Yair Listokin (Yale)
  4. [168 Downloads]  Taxation and Human Rights: A Delicate Balance, by Reuven Avi-Yonah (Michigan) & Gianluca Mazzoni (S.J.D. 2017, Michigan)
  5. [146 Downloads]  Capital Taxation in an Age of Inequality, by Edward Kleinbard (USC)

October 16, 2016 in Scholarship, Tax, Top 5 Downloads | Permalink | Comments (0)

Friday, October 14, 2016

Weekly SSRN Tax Article Review And Roundup

This week, Ari Glogower (Ohio State) reviews a new paper by Louis Kaplow (Harvard), A Distribution-Neutral Perspective on Tax Expenditure Limitations, 31 Tax Policy and the Economy (Robert Moffitt, ed., forthcoming 2017).

Glogower (2016)Louis Kaplow’s new article extends his distribution-neutral framework for analyzing tax reforms, as developed in prior works, to the context of reforms limiting tax expenditures. Kaplow argues that this framework allows for more rigorous analysis of tax expenditure policy, and yields substantive insights challenging common assumptions about the benefits of limiting expenditures.

In the distribution-neutral framework, a reform is evaluated alongside an offsetting adjustment to the income tax schedule that washes out distributive effects in two steps: The schedule is first adjusted to leave taxpayers at same level of disposable income (Step 1), and then adjusted further to hold their utility constant (Step 2). In other words, if a reform increases utility by eliminating a consumption distortion, Step 2 will raise the tax rate to restore utility to the pre-reform level. 

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October 14, 2016 in Scholarship, Tax, Weekly SSRN Roundup | Permalink | Comments (0)

Thursday, October 13, 2016

Gordon, Joulfaian & Poterba:  Choosing Between An Estate Tax And A Basis Carryover Regime — Evidence From 2010

Robert Gordon (NYU), David Joulfaian (U.S. Treasury Department) & James M. Poterba (MIT), Choosing Between an Estate Tax and a Basis Carryover Regime: Evidence from 2010:

Executors of estates for decedents in 2010 could choose between an estate tax regime and a basis carry-over regime. For most executors, this created a tradeoff between a current estate tax payment and a future capital gains tax liability for beneficiaries who inherited assets with carryover-basis. Various features of a decedent’s estate, including the gross value of assets, outstanding debts, whether the decedent resided in a state with an estate tax, and the basis of assets held at the time of death, affected the relative tax burden under the two regimes. Some executors chose to file estate tax returns for decedents from 2010, but these estate tax filings resulted in very little estate tax revenue. Estate tax filers had more leverage, were more likely to be from a state with an estate tax or from married decedents, were less likely to have made lifetime gifts, and had larger charitable bequests — all factors that are associated with reduced estate tax liability.

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October 13, 2016 in Scholarship, Tax | Permalink | Comments (0)

Field:  Aggressive Tax Planning And The Ethical Tax Lawyer

Heather M. Field (UC-Hastings), Aggressive Tax Planning & the Ethical Tax Lawyer, 36 Va. Tax L. Rev. ___ (2017):

Can a tax planner be both ethical and aggressive? When a client wants help with a transaction in which the lawyer thinks the tax benefits will probably not be sustained on the merits if challenged, what is the ethical response? How low should the tax adviser go?

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October 13, 2016 in Scholarship, Tax | Permalink | Comments (0)

Wednesday, October 12, 2016

Mason Presents Citizenship Taxation Today At Pennsylvania

Mason (2015)Ruth Mason (Virginia) presents Citizenship Taxation, 89 S. Cal. L. Rev. 169 (2016), at Pennsylvania today as part of its Tax Policy Workshop Series hosted by Chris Sanchirico and Reed Shuldiner:

The United States is the only country that taxes its citizens’ worldwide income, even when those citizens live indefinitely abroad. This Article critically evaluates the traditional equity, efficiency, and administrability arguments for taxing nonresident citizens. It also raises new arguments against citizenship taxation, including that it puts the United States at a disadvantage when competing with other countries for highly skilled migrant.

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October 12, 2016 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Tuesday, October 11, 2016

Zelenak Presents Tax-Free Basis Step-Up At Death And The Charitable Deduction Of Unrealized Appreciation Today At Columbia

Zelenak (2016)Lawrence Zelenak (Duke) presents The Tax-Free Basis Step-Up at Death, the Charitable Deduction for Unrealized Appreciation, and the Persistence of Error at Columbia today as part of its Davis Polk & Wardwell Tax Policy Colloquium Series hosted by Alex Raskolnikov and Wojciech Kopczuk:

This essay recounts, as a study in the remarkable persistence of some early errors even when the errors were promptly recognized and addressed, the legislative and administrative histories of the tax-free basis step-up at death and the charitable deduction for unrealized appreciation.

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October 11, 2016 in Colloquia, Scholarship, Tax | Permalink | Comments (1)

Kahn & Kahn:  The Fallacious Objections To The Tax Treatment Of Carried Interest

Florida Tax Review  (2015)Douglas A. Kahn (Michigan) & Jeffrey H. Kahn (Florida State), The Fallacious Objections to the Tax Treatment of Carried Interest, 18 Fla. Tax Rev. ___ (2016):

Carried interest is the term used to describe a profits interest in a partnership that invests in entities. A managing partner typically will receive a 20% profits interest in exchange for managing the investments of the partnership. The complaint against the treatment of carried interest is aimed at the characterization of the managing partner's share of the partnership's subsequent capital gains. The contention is that since the managing partner receives her share of the partnership's income for services performed, she should be taxed at ordinary income tax rates rather than the preferentially lower capital gains rate.

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October 11, 2016 in Scholarship, Tax | Permalink | Comments (1)

The Practical Tax Lawyer Issues Call For Articles

Practical Tax LawyerThe Practical Tax Lawyer, published by ALI-CLE and supported by the ABA Tax Section, has issued a call for "how-to" or “intro to” sorts of articles that are oriented towards the general practitioner:

We especially welcome articles that help practitioners think about how to deal with any recent changes in the law, regulations, or IRS litigating position that might affect a tax practice. PTL articles tend to be very short (3,000-5,000 words).

Here are the submission deadlines for each issue:

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October 11, 2016 in Scholarship, Tax | Permalink | Comments (0)

Being A Scholar In The Digital Era

ScholarJessie Daniels (CUNY) & Polly Thistlethwaite (CUNY, Being a Scholar in the Digital Era: Transforming Scholarly Practice for the Public Good (University of Chicago Press 2016):

What opportunities, rather than disruptions, do digital technologies present? How do developments in digital media not only support scholarship and teaching but also further social justice? Written by two experts in the field, this accessible book offers practical guidance, examples, and reflection on this changing foundation of scholarly practice. It is the first to consider how new technologies can connect academics, journalists, and activists in ways that foster transformation on issues of social justice. Discussing digital innovations in higher education as well as what these changes mean in an age of austerity, this book provides both a vision of what scholars can be in the digital era and a road map to how they can enliven the public good.

Inside Higher Ed, The Tech-Enabled Scholar:

Q: On the topic of metrics: as you point out, few (if any) academic departments use altmetrics in tenure and promotion cases. We’ve seen the same sort of hesitancy when it comes to evaluating digital scholarship more broadly. Do you feel that colleges have been right to wait it out while these evaluation methods mature, or should they have taken a more active role?

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

Monday, October 10, 2016

Tokić Presents Taxing Greed Today At Loyola-L.A.

 (LTokicGenevieve Tokić (Northern Illinois) presents Taxing Greed at Loyola-L.A. today as part of its Tax Policy Colloquium Series hosted by Ellen Aprill and Katherine Pratt:

Appeals to greed in support of various tax proposals have become increasingly commonplace in response to a populist mood in politics. References to ensuring that the greedy rich “pay their fair share” sate a populist attitude towards wealth and wealth accumulation, and may be used to garner political support for a policy or proposal. However, there has been little academic consideration of the role of greed in the law, and in the tax law in particular. This paper seeks to fill that hole by taking a close look at the concept of greed.

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October 10, 2016 in Colloquia, Scholarship, Tax | Permalink | Comments (1)

Yale Symposium On Seminole Rock:  The Past, Present, And Future Of Deference To Agency Regulatory Interpretations

Yale Notice & CommentThe Yale Journal on Regulation's Notice & Comment Blog, an affiliate of our Law Professor Blogs Network, hosted an online symposium on Reflections on Seminole Rock: The Past, Present, and Future of Deference to Agency Regulatory Interpretations with contributions from twenty-five contributors, including three Tax Profs:

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October 10, 2016 in Conferences, Scholarship, Tax | Permalink | Comments (0)

New Research On Inequality: ‘Whatever You Thought, It’s Worse’

Washington Post Wonkblog, Striking New Research on Inequality: ‘Whatever You Thought, It’s Worse’:

Social mobility, the amount that a typical American moves up or down the economic ladder from where their parents and grandparents stood, has became a major focus of political discussion, academic research and popular outrage in the years since the global financial crisis. While Americans have traditionally seen their country as a place where anyone can make through hard work and a stroke of luck, data collected in the past decade have shown otherwise.

Compared with many European countries, for example, few Americans end up with an income or educational level that is substantially different than their parents. Research by economists from Harvard and Berkeley found that fewer than 10 percent of people in the bottom fifth of the wealth distribution will make it into the top fifth [Raj Chetty (Stanford), Nathaniel Hendren (Harvard), Patrick Kline (UC-Berkeley), Emmanuel Saez (UC-Berkeley), Nicholas Turner (U.S. Treasury Department), Is the United States Still a Land of Opportunity? Recent Trends in Intergenerational Mobility]. Things weren't much better for the middle class: Only about 20 percent of people in the middle fifth would rise into the top fifth over the course of their lives.

Now, new research suggests that social mobility in America may be even more limited than researchers have realized. In a new paper, Joseph Ferrie of Northwestern University, Catherine Massey of the University of Michigan and Jonathan Rothbaum of the U.S. Census Bureau draw on a newly constructed dataset about American families reaching back to 1910 [Do Grandparents and Great-Grandparents Matter? Multigenerational Mobility in the US, 1910-2013]. Unlike past studies, which have mainly compared parents and children, the new work adds data on grandparents and great-grandparents to show just how fixed the fortunes of many Americans have become.

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October 10, 2016 in Scholarship, Tax | Permalink | Comments (8)

Call for Proposals:  2017 Pepperdine Law Review Symposium On The Supreme Court, Politics And Reform

Pepperdine Law Review
Announcement and Call for Proposals
2017 Pepperdine Law Review Symposium: The Supreme Court, Politics and Reform

On April 8, 2017, the Pepperdine Law Review will hold its annual symposium on the question of whether the political deadlock over the Merrick Garland nomination provides a stark indication the U.S. Supreme Court has become an unduly political institution, and, if so, what internal and external reforms might address this problem. We invite all interested scholars to submit a relevant proposal to present at the symposium and be considered for publication in a special edition of our law review.

COMMENTATORS:  Confirmed lead commentators include:

  • Akhil Amar (Yale)
  • Erwin Chemerinsky (Dean, UC-Irvine)
  • Michael McConnell (Stanford)
  • Hon. Richard Posner (U.S. Court of Appeals for the Seventh Circuit)
  • Deanell Tacha (Pepperdine)
  • Mark Tushnet (Harvard)

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October 10, 2016 in Conferences, Legal Education, Scholarship | Permalink | Comments (0)

Journal Of Legal Education Symposium:  The Future Of Legal Scholarship

Journal of Legal Education (2014)Symposium, The Future of Legal Scholarship, 66 J. Legal Educ. 7-110 (2016):

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

Sunday, October 9, 2016

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 #1 (and already #47 in all-time downloads among 12,250 tax papers):

  1. [2,543 Downloads]  Families Facing Tax Increases Under Trump's Latest Tax Plan, by Lily L. Batchelder (NYU)
  2. [241 Downloads]  Transfer Pricing Money: The Chevron Case, by Richard J. Vann (Sydney) & Graeme S. Cooper (Sydney)
  3. [182 Downloads]  Financial Advisers Can't Overlook the Prudent Investor Rule, by Max M. Schanzenbach (Northwestern) & Robert H. Sitkoff (Harvard)
  4. [176 Downloads]  Law and Macroeconomics: The Law and Economics of Recessions, by Yair Listokin (Yale)
  5. [168 Downloads]  Taxation and Human Rights: A Delicate Balance, by Reuven Avi-Yonah (Michigan) & Gianluca Mazzoni (S.J.D. 2017, Michigan)

October 9, 2016 in Scholarship, Tax, Top 5 Downloads | Permalink | Comments (0)

Friday, October 7, 2016

Weekly SSRN Tax Article Review And Roundup

This week, Daniel Hemel (Chicago) reviews a new article by Edward A. Zelinsky (Cardozo), The Political Process Argument for the Supreme Court to Overrule Quill, 82 Brook. L. Rev. (forthcoming 2017).

HemelIn Quill Corp. v. North Dakota, 504 U.S. 298 (1992), the Supreme Court held that states cannot collect sales tax from out-of-state vendors who lack a “physical presence” within the state. While the constitutional justification for Quill’s holding was questionable from the outset, Quill’s future is suddenly in doubt as well. In a concurring opinion last year, Justice Kennedy called on the Court to reconsider Quill, and Alabama and South Dakota have both taken steps to generate a test case since then.

The pragmatic case for overruling Quill is clear. Quill drives a hole in state budgets: by one estimate, states lost more than $23 billion in sales tax revenue on transactions with out-of-state vendors in 2012 alone. Moreover, Quill puts vendors with a brick-and-mortar presence at a disadvantage vis-à-vis remote competitors, leading (arguably) to unfairness and (almost certainly) to inefficiency. Perhaps the best that can be said in Quill’s favor is that it’s up to Congress—not the courts—to fix this mess. Because Quill was decided under the dormant Commerce Clause, Congress has the power to overturn it via legislation. In a provocative new article, Edward Zelinsky considers whether Quill’s fate should be left to the political process.

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October 7, 2016 in Scholarship, Tax, Weekly SSRN Roundup | Permalink | Comments (0)

6th Annual NYU/UCLA Tax Policy Symposium:  Tax Policy And Upward Mobility

NYU UCLA (2016)The Sixth Annual NYU/UCLA Tax Policy Symposium on Tax Policy and Upward Mobility takes place today at UCLA:

This year’s symposium will showcase recent research regarding social mobility and examine how federal, state, and local tax policies promote or frustrate the ability of individuals to climb the income ladder in American society. 

Raj Chetty (Stanford) & Miles Corak (Ottawa), Overview of Research on Upward Mobility
Discussant:  Alan Auerbach (UC-Berkeley)

Susan Dynarski (Michigan), Tax Benefits for College Attendance (with Judith Scott-Clayton (Columbia))
Discussant:  Deborah Schenk (NYU)

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October 7, 2016 in Conferences, Scholarship, Tax | Permalink | Comments (0)

University Of Washington Hosts 2016 Tax Symposium

University of Washington Logo (2016)The University of Washington hosts its Fourth Annual Tax Symposium today:

Panel #1:  Taxpayer Information Rights:

  • Michael Hatfield (Washington), Cybersecurity, Privacy, and Taxpayer Information
  • Adam Thimmesch (Nebraska), Tax Privacy Framework
  • Filip Debelva (KU Leuven, Belgium), Privacy and Confidentiality in Exchange of Information Procedures: Some Uncertainties, Many Issues, but Few Solutions
  • Shannon McCormack (Washington) (moderator)

Panel #2:  Compliance and Administration – Part 1:

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October 7, 2016 in Conferences, Scholarship, Tax | Permalink | Comments (0)

Thursday, October 6, 2016

Fleming Presents Defending Worldwide Taxation Today At Vienna University

FlemingJ. Clifton Fleming, Jr. (BYU) presents Defending Worldwide Taxation and Addressing Inversions with a Shareholder-Based Definition of Corporate Residence, 2016 BYU L. Rev. ___ (with Robert Peroni (Texas) & Stephen Shay (Harvard)), at the Institute for Austrian and International Tax Law at Vienna University of Economics and Business:

This article argues that a principled, efficient, and practical definition of corporate residence is necessary even if some form of corporate integration is adopted, and that such a definition is a key element in designing either a real worldwide or a territorial income tax system as well as a potential restraint on the inversion phenomenon. The article proposes that the United States adopt a shareholder-based definition of corporate residence that is structured as follows:

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

Wednesday, October 5, 2016

Fleischer Presents The Libertarian Case For A Universal Basic Income Today At Northwestern

Fleischer (Miranda)Miranda Perry Fleischer presents The Libertarian Case for a Universal Basic Income (with Daniel Hemel (Chicago)) at Northwestern today as part of its Advanced Topics in Taxation Workshop Series hosted by Sarah Lawsky:

Imagine a society in which each member regardless of need, receives an unconditional basic income – perhaps $1,000 a month, perhaps more, perhaps less. This idea (known as a universal basic income, or “UBI”) is garnering support around the globe and across the political spectrum, from the conservative thinker Charles Murray to the entrepreneurs of Silicon Valley to the social democratic state of Finland. Tax law scholars will recognize this concept as a variation of the negative income tax. Despite this obvious overlap and the UBI’s growing popularity among policymakers, the UBI has not attracted widespread attention from legal scholars in recent years. This Article begins to fill that gap by examining the theoretical underpinnings of a UBI and analyzing how those underpinnings illuminate relevant design questions.

Notably, this Article argues that a nuanced exploration of libertarian theory justifies the provision of a UBI on normative – and not simply pragmatic – grounds. We ground this argument in libertarian ideals for three reasons. ...

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October 5, 2016 in Colloquia, Scholarship, Tax | Permalink | Comments (6)

Merrill Presents Innovation Boxes: BEPS And Beyond Today At Pennsylvania

MerrillPeter Merrill (PricewaterhouseCoopers; former Chief Economist, Joint Committee on Taxation) presents Innovation Boxes: BEPS and Beyond at Pennsylvania today as part of its Tax Policy Workshop Series hosted by Chris Sanchirico and Reed Shuldiner:

Over the last 15 years, 16 countries have adopted intellectual property (IP) or patent box regimes, including three G7 countries. This paper explains the IP box concept, outlines recent U.S. IP box proposals with a focus on the Boustany-Neal discussion draft, and explains changes adopted in 2015 to the Organisation for Economic Co-operation and Development (OECD) standards for determining whether IP boxes should be treated as “harmful preferential tax regimes.” \

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October 5, 2016 in Colloquia, Scholarship, Tax | Permalink | Comments (1)

California State University Issues Call For Tax Papers

Cal StateThe Bookstein Institute for Higher Education in Taxation at California State University, Northridge, in collaboration with the School of Business at Pacific Lutheran University, has issued a Call for Papers for The 2017 Tax Development Conference to be held at California State University, Northridge on Saturday, April 29, 2017:

The conference aims to bring together tax professors at business schools to facilitate the exchange of ideas and promote collaboration. Papers on any aspect of tax research, practice, or classroom pedagogy should be submitted electronically to Fabio Ambrosio no later than February 17, 2017. Papers at any stage (other than those already accepted for publication) are invited.

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

Tuesday, October 4, 2016

Graetz Presents Can A 20th Century Business Income Tax Regime Serve A 21st Century Economy? Today At Columbia

Graetz (2015)Michael J. Graetz (Columbia) presents Can a 20th Century Business Income Tax Regime Serve a 21st Century Economy? (in Follow the Money: Essays on International Taxation Introduction & Ch. 7 (Yale 2016) at Columbia today as part of its Davis Polk & Wardwell Tax Policy Colloquium Series hosted by Alex Raskolnikov and Wojciech Kopczuk:

Chapter 7 is the most recently published essay of this collection. It reviews the contemporary challenges of international tax policy, as set forth in my Parsons Lecture, delivered to the University of Sydney Law School in April 2015. After describing the decisionmaking choices and flexibility of multinational corporations and the pressures of inter-nation tax competition, the chapter explains why our 20th Century international tax system is poorly equipped to cope with the 21st Century’s technologically driven, integrated global economy. The chapter concludes with a number of predictions about directions international tax policy is likely to take.

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October 4, 2016 in Book Club, Scholarship, Tax | Permalink | Comments (0)

Monday, October 3, 2016

Fleischer Presents Taxing Wealth Today At Minnesota

Fleischer (Miranda)Miranda Perry Fleischer (San Diego) presents Taxing Wealth at the University of Minnesota Law School Corporate Institute Forum on Taxation and Regulation today as part of its Perspectives on Taxation Lecture Series:

Politicians and the public frequently call for higher taxes on the wealthy to fight inequality. Although most lay discussions of wealth taxes ignore the differences among tax instruments, these differences cannot be ignored when designing a wealth tax for that purpose. Why one wishes to combat inequality—for example, to further equality of opportunity or to protect democratic institutions—influences the choice of instrument in a first-best world. In the real world, however, practical considerations—such as valuation and other administrative issues—limit our ability to pursue first-best solutions and influence the most viable second-best options.

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

Baugh Presents Can Taxes Shape an Industry? Evidence From The 'Amazon Tax' Today At UC-Berkeley

Baugh 2Brian Baugh (Nebraska) presents Can Taxes Shape an Industry? Evidence from the Implementation of the "Amazon Tax" (with Itzhak Ben-David (Ohio State) & Hoonsuk Park (Ohio State)) at UC-Berkeley today as part of its Robert D. Burch Center for Tax Policy and Public Finance Seminar:

For years, online retailers have maintained a price advantage over brick-and-mortar retailers by not collecting sales tax at the time of sale. Recently, several states have required that the online retailer Amazon collect sales tax during checkout. Using transaction-level data, we document that households living in these states reduce Amazon purchases by 9.4% after sales tax laws were implemented, implying elasticities ranging from –1.2 to –1.4.

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

Sunday, October 2, 2016

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

Buckles (2016)Johnny Rex Buckles (University of Houston) presented The Sexual Integrity of Religious Schools and Tax Exemption at Regent on Friday as part of the 2016 Conference of Religiously Affiliated Law Schools: Challenges and Opportunities for Faith Based Legal Education (blogged here):

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

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October 2, 2016 in Conferences, Scholarship, Tax | Permalink | Comments (0)

The Top 5 Tax Paper Downloads

SSRN LogoThis week's list of the Top 5 Recent Tax Paper Downloads is the same as last week's, with some reshuffling of the order of the papers within the Top 5:

  1. [391 Downloads]  Property Is Another Name for Monopoly Facilitating Efficient Bargaining with Partial Common Ownership of Spectrum, Corporations, and Land, by Eric A. Posner (Chicago) & E. Glen Weyl (Yale)
  2. [210 Downloads]  Transfer Pricing Money: The Chevron Case, by Richard J. Vann (Sydney) & Graeme S. Cooper (Sydney)
  3. [175 Downloads]  Financial Advisers Can't Overlook the Prudent Investor Rule, by Max M. Schanzenbach (Northwestern) & Robert H. Sitkoff (Harvard)
  4. [159 Downloads]  Law and Macroeconomics: The Law and Economics of Recessions, by Yair Listokin (Yale)
  5. [151 Downloads]  Taxation and Human Rights: A Delicate Balance, by Reuven Avi-Yonah (Michigan) & Gianluca Mazzoni (S.J.D. 2017, Michigan)

October 2, 2016 in Scholarship, Tax, Top 5 Downloads | Permalink | Comments (0)

Friday, September 30, 2016

Weekly SSRN Tax Article Review And Roundup

This week, David Gamage (UC-Berkeley) reviews a new paper on a topic of great concern to many law students:  Treasury Should Exclude Income from Discharge of Student Loans, by John R. Brooks (Georgetown), 152 Tax Notes 751 (Aug. 1, 2016).

Gamage (2016)As anyone who has taken the basic law school tax course should know, the doctrines surrounding discharge of indebtedness income are troubled and often incoherent.  I have found that law students are especially anxious about the possibility of having discharge of indebtedness income from the cancellation of student loans through the federal government’s Income-Based Repayment (IBR) and Pay as You Earn (PAYE) programs.  (Note to tax law professor readers: these topics make great vehicles for teaching discharge of indebtedness doctrines!)

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September 30, 2016 in Scholarship, Tax, Weekly SSRN Roundup | Permalink | Comments (2)

Mason Presents Citizenship Taxation Today At Florida

Mason (2015)Ruth Mason (Virginia) presents Citizenship Taxation, 89 S. Cal. L. Rev. 169 (2016), at Florida today as part of its Tax Policy Colloquium Series hosted by Yariv Brauner:

The United States is the only country that taxes its citizens’ worldwide income, even when those citizens live indefinitely abroad. This Article critically evaluates the traditional equity, efficiency, and administrability arguments for taxing nonresident citizens. It also raises new arguments against citizenship taxation, including that it puts the United States at a disadvantage when competing with other countries for highly skilled migrant.

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September 30, 2016 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Wednesday, September 28, 2016

Slemrod Presents The Impact Of Public Tax-Return Disclosure Today At Pennsylvania

SlemrodJoel Slemrod (Michigan) presents The Impact of Public Tax-Return Disclosure (with Jeffrey L. Hoopes (North Carolina) & Leslie Robinson (Dartmouth)) at Pennsylvania today as part of its Tax Policy Workshop Series hosted by Chris Sanchirico and Reed Shuldiner:

We investigate the effect of public disclosure of information from corporate tax returns filed in Australia on consumers, investors, and the corporations themselves that were subject to disclosure. We find some evidence that, for firms subject to disclosure, consumer sentiment declines for relatively small private companies, and that investor reaction is negative for both Australian public firms and non-Australian public firms with Australian operations. Regarding firm behavior, we find evidence that some firms took action to avoid disclosure, adjusting their reported income in order to fall below the disclosure threshold. Other firms that did not avoid disclosure appear to have reported paying more in tax in the year of the disclosure.

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September 28, 2016 in Colloquia, Scholarship, Tax | Permalink | Comments (1)

Leiter Poll:  The Top 50 Law Faculties (Scholarly Distinction)

Top 50Brian Leiter (Chicago), 50 Best Law School Faculties in Terms of Scholarly Distinction, 2016 Edition:

Here's a list of 76 faculties that might have some claim on having one of the 50 strongest law faculties in terms of scholarly distinction (with apologies to any wrongly omitted).  Have fun!  Detailed ballot reporting will make attempts at strategic voting obvious, so don't!  I'll call out your school!  Remember, this is about the scholarly distinction of the faculties, so if all you know is the U.S. News rank, don't complete the survey, or choose "no opinion" for those schools! 

BAD BEHAVIOR WATCH:  Remarkably, 4  people have ranked Arizona State ahead of Yale!  I wonder where they teach? ...

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September 28, 2016 in Legal Education, Scholarship | Permalink | Comments (4)

Oei & Ring:  Can Sharing Be Taxed?

AUShu-Yi Oei (Tulane) & Diane Ring (Boston College), Can Sharing Be Taxed?, 93 Wash. U. L. Rev. 987 (2016):

In the past few years, we have seen the rise of a new model of production and consumption of goods and services, often referred to as the “sharing economy.” Fueled by startups such as Uber and Airbnb, sharing enables individuals to obtain rides, accommodations, and other goods and services from peers via personal computer or mobile application in exchange for payment. The rise of sharing has raised questions about how it should be regulated, including whether existing laws and regulations can and should be enforced in this new sector or whether new ones are needed.

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September 28, 2016 in Scholarship, Tax | Permalink | Comments (1)

Tuesday, September 27, 2016

Brooks:  Treasury Should Exclude Income From Discharge Of Student Loans

John R. Brooks (Georgetown), Treasury Should Exclude Income from Discharge of Student Loans, 152 Tax Notes 751 (Aug. 1, 2016):

There are several ways that a student loan borrower can have a federal student loan discharged. In some cases, that cancellation of student debt creates taxable income, but in others it does not. This Article argues that taxing cancellation of student debt undermines the purposes of loan discharge and income-driven repayment programs like IBR and PAYE. This Article further argues that, if Congress does not act to provide a clear exclusion, Treasury has sufficient statutory and common law authority to exclude that income, and that it should do so.

September 27, 2016 in Scholarship, Tax | Permalink | Comments (0)

Monday, September 26, 2016

Peroni Presents Defending Worldwide Taxation Today At Loyola-L.A.

Peroni (2015)Robert J. Peroni (Texas) presents Defending Worldwide Taxation and Addressing Inversions with a Shareholder-Based Definition of Corporate Residence, 2016 BYU L. Rev. ___ (with J. Clifton Fleming, Jr. (BYU) & Stephen Shay (Harvard)), at Loyola-L.A. today as part of its Tax Policy Colloquium Series hosted by Ellen Aprill and Katherine Pratt:

This article argues that a principled, efficient, and practical definition of corporate residence is necessary even if some form of corporate integration is adopted, and that such a definition is a key element in designing either a real worldwide or a territorial income tax system as well as a potential restraint on the inversion phenomenon. The article proposes that the United States adopt a shareholder-based definition of corporate residence that is structured as follows:

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September 26, 2016 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Batchelder:  Trump Plan Raises Taxes For Millions Of Low- And Middle-Income Families

Trump (2016-2)Lily L. Batchelder (NYU), Families Facing Tax Increases Under Trump's Latest Tax Plan:

Donald Trump’s latest tax plan would cost more than $5 trillion over 10 years. Trump claims his plan would cut taxes for every income group, with the largest tax cuts for working- and middle-class families. But despite its enormous price tag, his plan would actually significantly raise taxes for millions of low- and middle-income families with children, with especially large tax increases for working single parents.

This paper explains why Trump’s latest tax plan raises taxes on so many families and provides examples of how large these tax increases would be. I conservatively estimate that Trump’s plan would increase taxes for roughly 7.8 million families with minor children. These families who would pay more taxes represent roughly 20% of households with minor children and more than half of single parents. They include roughly 25 million individuals and 15 million children.

Washington Post, A New Study Says Trump Would Raise Taxes for Millions. Trump’s Campaign Insists He Won’t.:

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September 26, 2016 in Political News, Scholarship, Tax | Permalink | Comments (2)

Sunday, September 25, 2016

Michelle Alexander Resigns From Ohio State Law Faculty For Seminary, Valuing 'Publicly Accessible Writing Over Academic Careerism'; Law Without 'A Moral Or Spiritual Awakening' Cannot Bring About Justice

Alexander 3Michelle Alexander, recipient of a 2016 Heinz Award ($250,000) for her work as "legal scholar, advocate, civil rights attorney and author of the seminal book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness," has resigned from the Ohio State Law School faculty to teach and study at Union Theology Seminary in New York City:

I am walking away from the law. I’ve resigned my position as a law professor at Ohio State University, and I’ve decided to teach and study at a seminary. Why?

There is no easy answer to this question, and there are times I worry that I have completely lost my mind. Who am I to teach or study at a seminary? I was not raised in a church. And I have generally found more questions than answers in my own religious or spiritual pursuits. But I also know there is something much greater at stake in justice work than we often acknowledge. Solving the crises we face isn’t simply a matter of having the right facts, graphs, policy analyses, or funding. And I no longer believe we can “win” justice simply by filing lawsuits, flexing our political muscles or boosting voter turnout. Yes, we absolutely must do that work, but none of it — not even working for some form of political revolution — will ever be enough on its own. Without a moral or spiritual awakening, we will remain forever trapped in political games fueled by fear, greed and the hunger for power. American history teaches how these games predictably play out within our borders: Time and again, race gets used as the Trump Card, a reliable means of dividing, controlling and misleading the players so a few can win the game.

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September 25, 2016 in Legal Education, Scholarship | Permalink | Comments (4)

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 #4 and #5:

  1. [387 Downloads]  Property Is Another Name for Monopoly Facilitating Efficient Bargaining with Partial Common Ownership of Spectrum, Corporations, and Land, by Eric A. Posner (Chicago) & E. Glen Weyl (Yale)
  2. [178 Downloads]  Transfer Pricing Money: The Chevron Case, by Richard J. Vann (Sydney) & Graeme S. Cooper (Sydney)
  3. [170 Downloads]  Financial Advisers Can't Overlook the Prudent Investor Rule, by Max M. Schanzenbach (Northwestern) & Robert H. Sitkoff (Harvard)
  4. [119 Downloads]  Taxation and Human Rights: A Delicate Balance, by Reuven Avi-Yonah (Michigan) & Gianluca Mazzoni (S.J.D. 2017, Michigan)
  5. [105 Downloads]  Law and Macroeconomics: The Law and Economics of Recessions, by Yair Listokin (Yale)

September 25, 2016 in Scholarship, Tax, Top 5 Downloads | Permalink | Comments (0)

Friday, September 23, 2016

Weekly SSRN Tax Article Review And Roundup

This week, Ari Glogower (Ohio State) reviews a new paper by Edward Kleinbard (USC), Capital Taxation in an Age of Inequality, the first installment of a two-part project proposing a new tax instrument, the Dual Business Enterprise Income Tax (BEIT).  Kleinbard’s current article explores the theory behind the Dual BEIT, while a subsequent follow up article will describe its technical operation.  

Glogower (2016)In brief, the Dual BEIT, which builds on Kleinbard’s prior proposals, operates as a single flat-rate tax on capital income, divided between an investor-level tax on normal returns, and a business-level tax on profits.  The investor-level tax is implemented through a tax on deemed normal returns to investments.  Businesses deduct a cost of capital allowance of the same normal return (regardless of whether the business is financed by debt or equity), resulting in a business-level tax on profits.

The article begins with a series of arguments justifying capital income taxation in general:  First, the classic optimal tax theory result that normal returns to saving should not be taxed has “no practical lessons to teach” in a world with inherited capital and gratuitous transfers.  Second, capital income taxation addresses increasing concerns with wealth and income concentration.  Third, taxing capital income taxes is necessary to raise revenue for public investment and social insurance programs.  Fourth, recent studies, including by the IMF and the OECD, suggest that reducing inequality may increase economic growth.

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September 23, 2016 in Legal Education, Scholarship, Tax, Weekly SSRN Roundup | Permalink | Comments (0)

Hillary Clinton Proposes Raising Estate Tax Rate From 40% To 65%

Clinton KaineWall Street Journal, Hillary Clinton Proposes 65% Top Rate for Estate Tax:

Democratic presidential candidate Hillary Clinton would levy a 65% tax on the largest estates and make it harder for wealthy people to pass appreciated assets to their heirs without paying taxes, expanding the list of tax increases she would impose on the top sliver of America’s affluent.

The estate-tax increase and other new proposals that Mrs. Clinton detailed on Thursday would generate $260 billion over the next decade, enough to pay for her plans to simplify small business taxes and expand the child tax credit, according to the nonpartisan Committee for a Responsible Federal Budget [more here], which advocates fiscal restraint.

In all, Mrs. Clinton would increase taxes by about $1.5 trillion over the next decade, increasing federal revenue by about 4%, though that new burden would be concentrated on relatively few households. There is at least a $6 trillion gap between her plan and the tax cuts proposed by her Republican rival Donald Trump.

The Clinton campaign changed its previous plan—which called for a 45% top rate—by adding three new tax brackets and adopting the structure proposed by Sen. Bernie Sanders of Vermont during the Democratic primaries. She would impose a 50% rate that would apply to estates over $10 million a person, a 55% rate that starts at $50 million a person, and the top rate of 65%, which would affect only those with assets exceeding $500 million for a single person and $1 billion for married couples.

CRFB

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September 23, 2016 in Political News, Scholarship, Tax | Permalink | Comments (6)

NYU Symposium:  Human Rights And Tax In An Unequal World

HRThe two-day symposium on Human Rights and Tax in an Unequal World concludes today at NYU:

Session #3:   Beyond “Spillover”: North-South Dimensions of Tax and Tax Abuse

This panel will situate the discussion of tax abuse and human rights in its geopolitical context, addressing the differentiated responsibilities of the Global North and South for the causes and consequences of tax abuse, and the relationship between cross-border tax abuse and inter-State inequalities. Experts from the fields of tax and human rights will discuss the methodological challenges of assessing the extraterritorial impacts of tax policies and secrecy regimes, some of which were laid bare in recent attempts to conduct “spillover analyses” of laws and regulations in the Global North. How can studies capture the human rights consequences of the policies that enable cross-border tax abuse, including the gendered impacts? Panelists will explore options for enforcing global tax rules and holding actors accountable for tax abuses that affect human rights, including the potential role for domestic courts, as well as regional and international human rights bodies.

Session #4:  Private Actors and the Public Purse: The Roles of Corporations, Lawyers, and Accountants in Tax Abuse

Consumers and regulators are increasingly scrutinizing the practices of corporations that hide assets to avoid or minimize taxes paid on the benefits they reap from operating in various jurisdictions, and the responsibilities of the law firms (like Mossack Fonseca of Panama Papers fame) and accountants that facilitate such practices. Recent high-profile tax scandals have underscored the reputational risks of tax abuses and have made tax planning an issue of corporate social responsibility and business ethics. Some of the questions panelists will explore include: How realistic is it to expect serious reform of tax practices to come from private actors? Are efforts to encourage ‘good corporate tax behavior’ delaying compulsory measures by suggesting there is voluntary progress? How do human rights principles and policies bear on the ethical obligations of accountants and lawyers who work in the area of taxation? In what ways, if any, should considerations of human rights law affect the ethics of accountants and lawyers in this field?

Session #5:  The Responsibilities of Governments: The Case of Transparency

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September 23, 2016 in Conferences, Scholarship, Tax | Permalink | Comments (0)