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Monday, March 9, 2015

Johnson: How Far Does Circular 230 Exceed Treasury's Statutory Authority?

Steve Johnson (Florida State), How Far Does Circular 230 Exceed Treasury's Statutory Authority?, 146 Tax Notes 221 (Jan. 12, 2015):

Treasury regulations defining the duties of those practicing before the IRS, commonly called Circular 230, are a cornerstone of federal tax practice. Recent judicial decisions, however, raise the genuine possibility that substantial portions of Circular 230 may be invalidated if challenged. 

March 9, 2015 in Scholarship, Tax | Permalink | Comments (0)

Kahn & Kahn: Cancellation of Debt and Related Transactions

Douglas A. Kahn (Michigan) & Jeffrey H. Kahn (Florida State), Cancellation of Debt and Related Transactions, 68 Tax Law. ___  (2015):

If a taxpayer borrows money, the borrowed funds are not included in the taxpayer’s gross income. That treatment is proper even though the taxpayer has increased his assets by the amount he borrowed since he has also has created a corresponding liability to pay back the loan. The taxpayer’s net wealth has not increased. The more difficult and interesting questions arise when the taxpayer fails to repay the loan. At first blush, it would appear that upon cancellation of a loan, the taxpayer should have income for the amount that was canceled. However, the current tax treatment that simple. A number of exceptions exist to the straightforward treatment under which the cancellation requires the taxpayer to recognize income. Some of those exceptions reflect an application of normal tax principles while others exist for programmatic purposes. Those exceptions make the tax treatment of cancellation of debt particularly complex.

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March 9, 2015 in Scholarship, Tax | Permalink | Comments (1)

Sunday, March 8, 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 new papers debuting on the list at #4 and #5:

  1. [320 Downloads]  Why Corporate Tax Reform Can Happen, by Edward Kleinbard (USC)
  2. [201 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)
  3. [173 Downloads]  Fiscally Transparent Entities: Eligibility for Tax Treaty Benefits, by Sumeet Khurana & Ashish Karundia
  4. [151 Downloads]  The Distributive Deficit in Law and Economics, by Lee Fennell (University of Chicago) & Richard McAdams (University of Chicago)
  5. [141 Downloads]  Inevitable: Sports Gambling, State Regulation, and the Pursuit of Revenue, by Anastasios Kaburakis (St. Louis), Ryan Rodenberg (Florida State) & John Holden (Florida State)

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

Friday, March 6, 2015

Kysar Presents Interpreting Tax Treaties Today at Virginia

KysarRebecca Kysar (Brooklyn) presents Interpreting Tax Treaties at Virginia today as part of its Faculty Workshop Series:

The circumstances, if any, that permit a non-uniform, or differentiated, approach to treaty interpretation are difficult to define. Generally, a differentiated approach stands in tension with the Vienna Convention’s rules of interpretation, which apply to all treaties. Yet the notion that some treaties warrant special interpretive rules is also widely accepted by courts, states, and scholars. Thus far, however, efforts to justify differentiated treaty interpretation based on subject matter or treaty purpose have proven inadequate. A more promising avenue is the examination of the objective characteristics shared within a treaty type. One such characteristic, I contend, is the treaty’s degree of completeness. Specifically, all else being equal, standalone instruments call for less reliance upon extrinsic materials; interstitial instruments demand more.

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March 6, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Weekly SSRN Tax Roundup

Weekly Student Tax Note Roundup

Thursday, March 5, 2015

Prasad Presents Starving the Beast: The 1981 Reagan Tax Cut Today at UCLA

PrasadMonica Prasad (Northwestern) presents Starving the Beast: The 1981 Reagan Tax Cut at UCLA today as part of its Colloquium on Tax Policy and Public Finance hosted by Jason Oh and Alexander Wu:

The debt when Reagan entered office was just over $900 billion, not historically high in constant dollars or as a percent of GDP, but by the time Reagan left office it had almost tripled in nominal terms, and in percent of GDP it had gone from 33.4 percent to 51.9 percent. At the end of his term, the debt stood at $2.6 trillion, with a substantial portion of it contributed by Reagan's own policies: a mountain over 160 miles high in loose or tight bricks.

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March 5, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (4)

Kysar Presents Interpreting Tax Treaties at Harvard

KysarRebecca Kysar (Brooklyn) presented Interpreting Tax Treaties at Harvard yesterday as part of its Tax Law, Policy and Practice Workshop Series hosted by Daniel Halperin and Stephen Shay:

The circumstances, if any, that permit a non-uniform, or differentiated, approach to treaty interpretation are difficult to define. Generally, a differentiated approach stands in tension with the Vienna Convention’s rules of interpretation, which apply to all treaties. Yet the notion that some treaties warrant special interpretive rules is also widely accepted by courts, states, and scholars. Thus far, however, efforts to justify differentiated treaty interpretation based on subject matter or treaty purpose have proven inadequate. A more promising avenue is the examination of the objective characteristics shared within a treaty type. One such characteristic, I contend, is the treaty’s degree of completeness. Specifically, all else being equal, standalone instruments call for less reliance upon extrinsic materials; interstitial instruments demand more.

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

Hickman Presents Treasury's Retroactivity Today at Iowa

Hickman 2014 2Kristin Hickman (Minnesota) presents Treasury's Retroactivity at Iowa today as part of its Faculty Workshop Series:

In Bowen v. Georgetown University Hospital, the Supreme Court described retroactivity as "not favored in the law" and generally rejected allowing federal administrative agencies to adopt regulations "altering the past legal consequences of past actions."  Unlike most regulatory agencies, Treasury and the IRS are expressly authorized by Congress to adopt regulations with precisely such primary retroactive effect.  Specifically, IRC § 7805(b) grants Treasury and the IRS the power to backdate tax regulations under a variety of circumstances.  Preliminary analysis shows that Treasury and the IRS utilize this authority regularly with little judicial oversight for abuse of discretion.  Using empirical data, this article will explore more fully Treasury and IRS utilization of the authority to adopt retroactively effective regulations interpreting the Internal Revenue Code.

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

Wednesday, March 4, 2015

Blouin Presents The Role of 'Check-the-Box' on Multinational Tax Planning Today at Penn

Blouin (2015)Jennifer Blouin (Pennsylvania) presents Does Organizational Form Affect Firms' Foreign Operations? The Role of 'Check-the-Box' on Multinational Tax Planning at Pennsylvania today as part of its Tax Law and Policy Workshop Series hosted by Chris William Sanchirico and Reed Shuldiner:

This study investigates the effect of the 1997 check-the-box tax legislation on the current effective income tax rates of U.S. multinational firms. Following the empirical methodology developed in Dyreng and Lindsey (2009), we measure the effect that the change in legislation has on the average worldwide, U.S., and foreign taxes paid on worldwide, federal and foreign pretax book income for a large sample of U.S. multinational firms. We find that on average U.S. multinational firms’ worldwide tax rates declined by 4.3% in the post-1996 period. Further, we find that the effect of the legislation was greater on U.S. multinational firms’ average foreign tax rates as compared to their average U.S. foreign tax rates. Our results also suggest that the effect is concentrated in the U.S. multinational firms that had a greater change in their ownership structures and a greater change in the balance of their intercompany payments in the post-1996 period. Although our results do suggest that the 1997 legislation served to reduce U.S. tax collections, our results imply that the 1997 legislation had a greater effect on firms’ foreign tax burdens.

March 4, 2015 in Conferences, Scholarship, Tax | Permalink | Comments (0)

Clausing: Beyond Territorial and Worldwide Systems of International Taxation

Kimberly A. Clausing (Reed College), Beyond Territorial and Worldwide Systems of International Taxation:

The dialogue regarding the international taxation of multinational firms should move beyond the rhetoric of comparing supposedly territorial and worldwide systems of taxation. Among major countries, there are no pure territorial or pure worldwide systems, just systems that lie on a spectrum between these extremes. Once one recognizes the characteristics that determine where on the spectrum particular countries lie, it is far from clear that purportedly worldwide countries are further to the “pure worldwide” end of the spectrum than are many purportedly territorial countries. Still, along the spectrum, tradeoffs between “competitiveness” and efficient capital allocation (with attendant effects on the home country tax base) are inevitable. Thus, I describe international tax system design proposals that might transcend this tradeoff, examining several such options. Finally, I discuss the current efforts of the BEPS process.

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

Tuesday, March 3, 2015

Mason Presents Citizenship Taxation Today at NYU

Mason (2015)Ruth Mason (Virginia) presents Citizenship Taxation at NYU today as part of its Tax Policy Colloquium Series hosted by Daniel Shaviro and Alan Viard:

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 migrants.

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

Weinzierl Presents Revisiting the Classical View of Benefit-Based Taxation Today at Georgetown

Weinzierl (2016)Matthew Weinzierl (Harvard Business School) presents Revisiting the Classical View of Benefit-Based Taxation at Georgetown today as part of its Tax Law and Public Finance Workshop Series hosted by John BrooksItai Grinberg, and David Schizer:

This paper explores how the persistently popular "classical" logic of benefit-based taxation, in which an individual's benefit from public goods is tied to his or her income-earning ability, can be incorporated into modern optimal tax theory. If Lindahl's methods are applied to that view of benefits, first-best optimal policy can be characterized analytically as depending on a few potentially estimable statistics, in particular the coefficient of complementarity between public goods and innate talent. Constrained optimal policy with a Pareto-efficient objective that strikes a balance–controlled by a single parameter– between this principle and the familiar utilitarian criterion can be simulated using conventional constraints and methods. A wide range of optimal policy outcomes can result, including those that match well several features of existing policies. To the extent that such an objective reflects the mixed normative reasoning behind prevailing policies, this model may offer a useful approach to a positive optimal tax theory.

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

Monday, March 2, 2015

Oei Presents Can Sharing Be Taxed? Today at Pepperdine

OeiShu-Yi Oei (Tulane) presents Can Sharing Be Taxed? (with Diane M. Ring (Boston College)) at Pepperdine today as part of our Tax Policy Colloquium Series:

The past few years 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 the Internet 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.

In this Article, we explore those questions in the context of taxation. We argue that, contrary to the claims of some commentators, the application of substantive tax law to sharing is mostly (though not completely) clear, because current law generally contains the concepts and categories necessary to tax sharing. However, tax enforcement and compliance may present challenges, as a result of two distinctive features of sharing. First, some sharing businesses tend to opportunistically pick the more favorable regulatory interpretation if there is ambiguity regarding which rule applies or whether a rule applies. This leads to compliance and enforcement gaps. Second, the “microbusiness” nature of sharing raises unique compliance and enforcement concerns. We suggest strategies for addressing these dual challenges, including lower information reporting thresholds, safe harbors and advance rulings to simplify tax reporting, and targeted enforcement efforts.

Jordan M. Barry (San Diego) is the commentator.  For more, see Jordan M. Barry & Paul L. Caron, Tax Regulation, Transportation Innovation, and the Sharing Economy, 82 U. Chi. L. Rev. Dialogue ___ (2015).

Update:  Post-presentation lunch:

Lunch

 

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

Avi-Yonah: The Obama Budget Proposals and BEPS

Reuven S. Avi-Yonah (Michigan), All or Nothing? The Obama Budget Proposals and BEPS:

There is a wide bipartisan consensus that the US international tax regime is broken. We have the highest corporate tax in the OECD, which at 35% imposes a real burden on corporations earning mostly US source income. At the same time, US based multinationals pay very low effective tax rates on foreign source income earned through their subsidiaries, leading to a strong incentive to shift profits out of the US. Finally, the US is among the few countries to fully tax dividends paid by foreign subsidiaries to their domestic parents, leading to the “trapped income” phenomenon in which $2 trillion of low-taxed earnings of those subsidiaries cannot be repatriated because of the tax on repatriations, and have to be declared as “permanently reinvested” overseas despite increasing difficulties to find something to do with this pile of money.

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

McMahon, McGovern & Shepard: 2014 Federal Income Tax Developments

Florida Tax ReviewMartin J. McMahon Jr. (Florida), Bruce A. McGovern (South Texas) & Ira B. Shepard (Houston), Recent Developments in Federal Income Taxation: The Year 2014, 15 Fla. Tax Rev. ___ (2015):

This recent developments outline discusses, and provides context to understand the significance of, the most important judicial decisions and administrative rulings and regulations promulgated by the Internal Revenue Service and Treasury Department during 2014 — and sometimes a little farther back in time if we find the item particularly humorous or outrageous. Most Treasury Regulations, however, are so complex that they cannot be discussed in detail and, anyway, only a devout masochist would read them all the way through; just the basic topic and fundamental principles are highlighted — unless one of us decides to go nuts and spend several pages writing one up. This is the reason that the outline is getting to be as long as it is.

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

Citations, Justifications, and the Troubled State of Legal Scholarship

Jeffrey Harrison (Florida) & Amy Mashburn (Florida), Citations, Justifications, and the Troubled State of Legal Scholarship: An Empirical Study:

Recent pedagogical, economic and technological changes require law schools to reevaluate their resource allocations. Although typically viewed in terms of curricular changes, it is important also to focus on the very significant investment in legal scholarship and its impact. Typically this has been determined by some version of citation counting with little regard for what it means to be cited. This Article discusses why this is a deeply flawed measure of impact. Much of that discussion is based on an empirical study the authors conducted. The investigation found that citation by other authors is highly influenced by the rank of the review in which a work is published and the school from which the author graduated. Courts, on the other hand, are less sensitive to these markers of institutional authority. Perhaps more importantly, when the purpose of the citation is examined, a very small handful of those citing a work do so for anything related to the ideas, reasoning, methodology, or conclusions found in the cited work. This is slightly less true for judicial citation compared to citations by other authors. Given the level of current investment in legal scholarship and findings that reliance on it is far lower than citation counts would suggest, the authors offer a number of recommendations designed to increase accountability of legal scholars and the utility of what they produce.

March 2, 2015 in Legal Education, Scholarship | Permalink | Comments (1)

Sunday, March 1, 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 paper returning to the list at #5:

  1. [285 Downloads]  Why Corporate Tax Reform Can Happen, by Edward Kleinbard (USC)
  2. [193 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)
  3. [163 Downloads]  Fiscally Transparent Entities: Eligibility for Tax Treaty Benefits, by Sumeet Khurana & Ashish Karundia
  4. [143 Downloads]  Taxation and Surveillance -- An Agenda, by Michael Hatfield (University of Washington)
  5. [132 Downloads]  Tax Regulation, Transportation Innovation, and the Sharing Economy, by Jordan M. Barry (San Diego) & Paul L. Caron (Pepperdine)

March 1, 2015 in Scholarship, Tax, Top 5 Downloads | Permalink | Comments (0)

Friday, February 27, 2015

Weekly SSRN Tax Roundup

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February 27, 2015 in Scholarship, Tax, Weekly SSRN Roundup | Permalink | Comments (0)

Brunson: Unilaterally Enforcing Foreign Tax Judgments

Samuel D. Brunson (Loyola-Chicago), Accept This as a Gift: Unilaterally Enforcing Foreign Tax Judgments, 146 Tax Notes 541 (Jan. 26, 2015):

Current U.S. law treats foreign tax judgments differently than other foreign civil judgments, prohibiting U.S. courts from recognizing and enforcing the former, even though they recognize and enforce the latter. In this article, Brunson argues that there is no compelling reason for this different treatment and that it is ultimately detrimental to the government’s revenue collection. As long as the revenue rule continues to prevent the United States from enforcing foreign tax judgments, the nation cannot enlist foreign help in reducing the foreign tax gap; other countries will only collect U.S. tax judgments if the United States reciprocally collects their tax judgments. The revenue rule also allows foreign persons to hide their assets in the United States, effectively turning the United States into a tax haven. For the sake of reducing the international tax gap and for the sake of international tax justice, the United States must revoke the revenue rule.

February 27, 2015 in Scholarship, Tax | Permalink | Comments (0)

Thursday, February 26, 2015

Weisbach Presents The New View, the Traditional View, and Capital Gains Taxes on Stock Today at UCLA

WeisbachDavid Weisbach (Chicago) presents The New View, the Traditional View, and Capital Gains Taxes on Stock at UCLA today as part of its Colloquium on Tax Policy and Public Finance hosted by Jason Oh and Alexander Wu:

The sale of stock cum dividend generates a gain to the seller and a dividend and capital loss to the buyer. The longer the time between the gain from sale cum dividend and the loss from disposition of the stock ex dividend, the greater then net effective tax due to the time value of money. Payment of a dividend prior to the original sale avoids these offsetting capital gains and losses and, therefore, can lower overall taxes. Neither the new view nor the traditional view models of the corporate tax incorporate this effect. This paper modifies new and traditional view models and shows that the combination of dividend and capital gains taxes can generate incentives to pay dividends sooner rather than later, contrary to the conclusions of either view. It also considers how clientele effects may change these incentives, sometimes creating incentives to pay dividends after sales and sometimes before.

February 26, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

SSRN Tax Faculty 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 February 1, 2015) 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.)

43,558

Reuven Avi-Yonah (Mich.)

6709

2

Paul Caron (Pepperdine)

27,757

Ed Kleinbard (USC)

5297

3

Michael Simkovic (Seton Hall)

25,790

Michael Simkovic (Seton Hall)

4130

4

Louis Kaplow (Harvard)

23,537

Gregg Polsky (N. Carolina)

2871

5

D. Dharmapala (Chicago)

21,636

Paul Caron (Pepperdine)

2764

6

Vic Fleischer (San Diego)

20,533

D. Dharmapala (Chicago)

2740

7

James Hines (Michigan)

20,367

Richard Ainsworth (BU)

2285

8

Ted Seto (Loyola-L.A.)

19.573

Omri Marian (Florida)

1886

9

Richard Kaplan (Illinois)

19,347

Robert Sitkoff (Harvard)

1823

10

Ed Kleinbard (USC)

17,263

David Gamage (UCBerkeley)

1728

11

Katie Pratt (Loyola-L.A.)

16,879

Katie Pratt (Loyola-L.A.)

1708

12

Dennis Ventry (UC-Davis)

15,558

Dan Shaviro (NYU)

1575

13

Carter Bishop (Suffolk)

15.551

Jeff Kwall (Loyola-Chicago)

1569

14

Jen Kowal (Loyola-L.A.)

15,027

DIck Harvey (Villanova)

1495

15

Richard Ainsworth (BU)

14,908

Louis Kaplow (Harvard)

1466

16

David Weisbach (Chicago)

14,832

Jen Kowal (Loyola-L.A.)

1464

17

Chris Sanchirico (Penn)

14,724

Brad Borden (Brooklyn)

1395

18

Robert Sitkoff (Harvard)

14,609

Chris Sanchirico (Penn)

1302

19

Brad Borden (Brooklyn)

14,469

Vic Fleischer (San Diego)

1301

20

Francine Lipman (UNLV)

14,311

James Hines (Michigan)

1279

21

Bridget Crawford (Pace)

14,208

Francine Lipman (UNLV)

1243

22

David Walker (BU)

14,139

Ted Seto (Loyola-L.A.)

1131

23

Dan Shaviro (NYU)

12,815

Carter Bishop (Suffolk)

1120

24

Herwig Schlunk (Vanderbilt)

12,662

Steve Willis (Florida)

1086

25

Wendy Gerzog (Baltimore)

11,926

Christopher Hoyt (UMKC)

1085

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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February 26, 2015 in Legal Education, Scholarship, Tax, Tax Prof Rankings | Permalink | Comments (0)

Dexter: A Tax Expenditure Approach to Reparations

Bobby L. Dexter (Chapman), The Hate Exclusion: Moral Tax Equity for Damages Received on Account of Race, Sex, or Sexual Orientation Discrimination:

Scholars on both sides of the reparations literature divide commonly contemplate some form of federal monetary outlay. At the same time, given both the absence of such an outlay and the dire prognosis that such largesse is forthcoming, tax scholars rarely contribute to traditional reparations literature. With this Article, Professor Dexter introduces the federal income tax arena as fertile ground for the resolution of longstanding differences in the reparations debate and brings a novel and possibly controversial perspective to traditional tax expenditure analysis. In addition to highlighting the various political and administrative merits of a tax expenditure approach to reparations, he argues that allowing the exclusion of damages received on account of specific forms of discrimination – even if suffered at the hands of a private actor – would offer immediate and precisely-targeted reparational relief not only to those suffering the modern day impact of slavery and race discrimination under federal imprimatur but also to those impacted by the United States’ documented history of hostility with respect to women and sexual minorities. The narrow tailoring of relief combined with the moral force of the unclean hands theory of exclusion, he reasons, neutralizes arguments advanced in traditional reparations literature regarding excessive act, wrongdoer, and victim attenuation.

February 26, 2015 in Scholarship, Tax | Permalink | Comments (1)

Wednesday, February 25, 2015

Field Presents Aggressive Tax Planning and the Ethical Tax Lawyer Today at Toronto

Field (2015)Heather Field (UC-Hastings) presents Aggressive Tax Planning and the Ethical Tax Lawyer at Toronto today as part of its James Hausman Tax Law and Policy Workshop Series:

[H]ow should a tax planner, who wants to engage in “permissible tax planning” but not cross the line over into “unethical loophole lawyering,” exercise her discretion and judgment? This paper seeks to answer this question by drawing on both (a) the extensive literature on lawyering and professionalism and (b) the social science literature regarding factors that contribute to biased decision-making and unintentional lapses in judgment. The explicit incorporation of these strands of literature into the discourse on tax ethics helps each tax planner operationalize, on an individual basis and in a way that aligns with her values, both the general and tax-specific rules of professional conduct. The existing tax ethics literature primarily focuses either on how to comply with the rules governing practice or on how the rules should be improved. Thus, this paper contributes to the literature by focusing on the issues that the rules leave to the discretion of the tax practitioner (rather than on the issues that the rules address) and by approaching the discussion from a lawyering perspective20 (rather than from a policymaking perspective).

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February 25, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (1)

Tuesday, February 24, 2015

Hickman Presents Treasury's Retroactivity Today at Chicago

Hickman 2014 2Kristin Hickman (Minnesota) presents Treasury's Retroactivity at Chicago today as part of its Public Law & Legal Theory Workshop Series:

In Bowen v. Georgetown University Hospital, the Supreme Court described retroactivity as "not favored in the law" and generally rejected allowing federal administrative agencies to adopt regulations "altering the past legal consequences of past actions."  Unlike most regulatory agencies, Treasury and the IRS are expressly authorized by Congress to adopt regulations with precisely such primary retroactive effect.  Specifically, IRC § 7805(b) grants Treasury and the IRS the power to backdate tax regulations under a variety of circumstances.  Preliminary analysis shows that Treasury and the IRS utilize this authority regularly with little judicial oversight for abuse of discretion.  Using empirical data, this article will explore more fully Treasury and IRS utilization of the authority to adopt retroactively effective regulations interpreting the Internal Revenue Code.

February 24, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (1)

Leff Presents A New Method for Funding Law School Education Today at Georgetown

LeffBenjamin M. Leff (American) presents The Income-Based Repayment Swap: A New Method for Funding Law School Education (with Heather Hughes (American)) at Georgetown today as part of its Tax Law and Public Finance Workshop Series hosted by John BrooksItai Grinberg, and David Schizer:

The high cost of legal education and corresponding student debt levels is a subject of robust debate. Yet too few critics of degree cost show creativity in thinking about the optimal mechanism for funding a legal education. The traditional model for financing a legal education is that students borrow with (mostly) fixed-rate loans repayable soon after graduation. The federal government supplements loans with income-based repayment and loan forgiveness programs to protect students who have borrowed more than they can afford to pay back. The reach of these programs has expanded dramatically in recent years, with the programs covering 1.3 million graduates owing around $72 billion as of the first quarter of 2014, with every indication that those figures will grow dramatically unless the programs are modified. A significant segment of those who depend on income-based repayment and loan forgiveness programs will be law students, because those are among the students with the highest levels of qualifying debt.

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February 24, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (3)

Sugin Presents Invisible Taxpayers Today at NYU

SuginLinda Sugin (Fordham) presents Invisible Taxpayers at NYU today as part of its Tax Policy Colloquium Series hosted by Daniel Shaviro and Alan Viard:

The invisibility of taxpayers in the legal system creates a substantial problem for tax justice, both substantive and procedural. The courts’ application of standing doctrine, as well as its conceptualization of tax expenditures as not involving state action, has narrowed the opportunity for judicial review for tax-reducing actions taken by both Congress and the IRS. These developments fail to protect individuals, even when they have substantial individual rights claims under the Constitution.

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February 24, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Borden: Tax Revenue Effects of REIT Spinoffs

Bradley T. Borden (Brooklyn), Counterintuitive Tax Revenue Effect of REIT Spinoffs, 146 Tax Notes 381 (Jan. 19, 2015):

Several reports have attacked REIT spinoffs because they erode the corporate tax base, apparently reducing government tax revenues. This article uses a very simple example to illustrate that multiple variables can affect the tax-revenue effect of a REIT spinoff and shows that under some assumptions the tax-revenue effect of a REIT spinoff can actually be positive.

February 24, 2015 in Scholarship, Tax | Permalink | Comments (0)

Fennell: Do Not Cite Or Circulate

DNCCLee Anne Fennell (Chicago), Do Not Cite or Circulate, 19 Green Bag 2d ___ (2015):

This short essay ponders why legal scholars attach formulations such as "Do Not Cite or Circulate" to draft works. It argues against the practice in most circumstances, particularly for work posted on the internet.

February 24, 2015 in Legal Education, Scholarship | Permalink | Comments (0)

Monday, February 23, 2015

Ventry & Borden: Probability, Professionalism, and Protecting Taxpayers

Dennis J. Ventry, Jr. (UC-Davis) & Bradley T. Borden (Brooklyn), Probability, Professionalism, and Protecting Taxpayers, 68 Tax Law. 83 (2014):

This Article — the first in a three-part series — analyzes the affirmative and disciplinary duties imposed on tax lawyers that require them to make probability assessments about the merits of a client’s tax position or tax-favored transaction and to reflect those estimates with numerical precision. It describes how the Treasury, Congress, and the American Bar Association (often in concert, occasionally at odds) forged this obligatory standard of care over the last three decades with the shared goal of facilitating accurate advice, accurate reporting positions, and compliance with the law. The resulting regulatory standard of care (which swept aside the old regime of self-regulation) assists tax lawyers in avoiding flawed methodological processes and in minimizing psychological biases and misaligned incentives that can distort professional judgment. In this way, the standard of care for tax lawyers — particularly its emphasis on improving accuracy and reducing errors by updating subjective beliefs with new, relevant information — reflects a branch of probabilistic decision theory known as Bayesian reasoning.

February 23, 2015 in Scholarship, Tax | Permalink | Comments (0)

Chen: Modeling Citation and Download Data in Legal Scholarship

James Ming Chen (Michigan State), Modeling Citation and Download Data in Legal Scholarship:

Impact factors among law reviews provide a measure of influence among these journals and the schools that publish them. Downloads from the Social Science Research Network (SSRN) serve a similar function. Bibliometrics is rapidly emerging as a preferred alternative to more subjective assessments of academic prestige and influence. Law should embrace this trend.

This paper evaluates the underlying mathematics of law review impact factors and per-author SSRN download rates by institution.

 Chen

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February 23, 2015 in Legal Education, Scholarship | Permalink | Comments (0)

Sunday, February 22, 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 #1:

  1. [246 Downloads]  Why Corporate Tax Reform Can Happen, by Edward Kleinbard (USC)
  2. [170 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)
  3. [145 Downloads]  Fiscally Transparent Entities: Eligibility for Tax Treaty Benefits, by Sumeet Khurana & Ashish Karundia
  4. [133 Downloads]  Taxation and Surveillance -- An Agenda, by Michael Hatfield (University of Washington)
  5. [122 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)

February 22, 2015 in Scholarship, Tax, Top 5 Downloads | Permalink | Comments (0)

Friday, February 20, 2015

Burman Presents Taxes and Inequality in a Changing Economy Today at Florida

BurmanLeonard Burman (Director, Urban-Brookings Tax Policy Center; Professor of Public Administration and International Affairs, Syracuse University Maxwell School), delivers the Fifth Annual Ellen Bellet Gelberg Tax Policy Lecture at Florida today on Taxes and Inequality in a Changing Economy: (webcast):

Rising economic inequality is arguably the economic challenge that will define the United States in the 21st century. Technology, which historically made workers more productive and boosted wages, is increasingly substituting for low- and middle-class labor. As a result, virtually all of the gains from rising productivity have accrued to households at the top of the income distribution. Median wages have been stagnant for a generation and there’s no sign that trend will abate any time soon. This lecture discusses historical trends in economic inequality, its likely causes, and the role of the tax system in mitigating income disparities. [The lecture is based on Taxes and Inequality, 66 Tax L. Rev. 563 (2014).]

February 20, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (1)

Boosting Awareness, Citation, and Placement Of Your Next Law Review Article

Harvard Law ReviewDanielle Padula, Don’t Just Build It: How to Boost Awareness of Your Scholarly Publications:

"People will come, Ray"—says Terence Man, played by James Earl Jones, when Kevin Costner’s character questions his decision to build a ball park in the middle of a cornfield in the 1989 film Field of Dreams.

Spoiler Alert: Contrary to this hopeful movie message, if you build it, more than likely, people will not come. This principle holds true for most personal and professional outputs, whether they be middle-of-nowhere baseball stadiums or academic publications.

If you want people to know about your scholarly work you have to give them an accessible place, or ideally variety of places, to learn about it. Accessible has two meanings here—you want to promote your research in places that are easy to access, and you want to explain it in a way that is accessible to a wide audience.

So how can you raise awareness of your scholarly contributions?

  • Become an Expert
  • Write About Your Research and Your Field OFTEN
  • Present Your Findings in a Dynamic Way
  • Seek Speaking Engagements

 Danielle Padula, Proactively Improve Your Law Review Article Citation Rate:

Publishing in law reviews presents the opportunity to contribute scholarship to the legal community with the capacity to impact the research of other scholars and ultimately the way the law is interpreted. In most cases, the impact a law review article will have is dependent upon the number of people who not only read it but also choose to cite it in their own work. Of course, manuscripts worthy of publication and with the power to conceivably move the law must begin with a relevant topic and be written in a clear and compelling way. Beyond how well a manuscript is written though, for many authors without a history of being cited in their field the impact their article will have can often seem to be a matter of luck.

Serendipity aside, are there any steps that legal authors can take prior to being published to improve their chances of citation? ... Here are some potential ways to proactively improve your law review article citation rate:

  • Include an Abstract and Table of Contents
  • Present a Working PaperBefore Submitting
  • Take a Second Look at Your Title and Abstract
  • Become Known in the Legal Community Prior to Being Cited

Jeff Sovern (St. John's), Does Pre-Submission Media Coverage Increase the Odds of a Good Article Placement?:

As law students, law professors, and lawyers know, most law reviews are edited by law students, which means that law students select the articles that appear in their journals.  The prime submission season is just underway, and so newly-minted law review editors—most in their second year of law school—are choosing among the flood of articles submitted by lawyers and law professors.

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February 20, 2015 in Legal Education, Scholarship | Permalink | Comments (0)

Weekly SSRN Tax Roundup

Chapman Symposium: Business Tax Reform

Chapman Logo (2014)Symposium, Business Tax Reform: Emerging Issues in the Taxation of U.S. Entities, 18 Chap. L. Rev. 1-314 (2014):

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February 20, 2015 in Conferences, Scholarship, Tax | Permalink | Comments (0)

Nova Symposium: Transforming Legal Education

NovaSymposium, Transforming Legal Education, 38 Nova L. Rev. 171-322 (2014):

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February 20, 2015 in Legal Education, Scholarship | Permalink | Comments (0)

Thursday, February 19, 2015

Gamage Presents Analyzing the Optimal Choice of Tax Instruments Today at Northwestern

Gamage (2014)David Gamage (UC-Berkeley) presents Analyzing the Optimal Choice of Tax Instruments: The Case for Levying (all of) Labor-Income Taxes, Value-Added Taxes, Capital-Income Taxes, and Wealth Taxes, 68 Tax L. Rev. ___ (2014), at Northwestern yesterday as part of its Tax Colloquium Series hosted by Lawrence Zelenak:

Economics-oriented analyses of tax policy have primarily focused on the problems of labor-to-leisure and saving-to-spending distortions. By implication, this prior literature has thus generally treated: (a) labor-income taxes and (b) consumption taxes, as being essentially equivalent. Similarly, this prior literature has generally treated: (i) capital-income taxes and (ii) wealth taxes, as being essentially equivalent. Based on these notions of equivalency, the dominant view about the policy implications that follow from these economic analyses has been that neither capital income nor wealth should be taxed.

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February 19, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Winer Presents The Tension Between Tax Design and the Political Economy of Taxation Today at UCLA

WinerStanley Winer (Carleton University) presents On the Tension Between Tax Design and the Political Economy of Taxation at UCLA today as part of its Colloquium on Tax Policy and Public Finance hosted by Jason Oh and Alexander Wu:

Background paper:  Wealth Transfer Taxation: An Empirical Investigation, 21 Int'l Tax & Pub. Fin. 720 (2014):   We present an empirical model of wealth transfer taxation in the revenue systems of the G7 countries - Canada, France, Germany, Italy, Japan, the U. K. and the U. S. - over the period from 1965 to 2009. Our model emphasizes the influences of population aging and of the stock of household wealth in an explanation of the past and likely future of this tax source. Simulations with the model using U.N. demographic projections and projections of household wealth suggest that even in France and Germany where reliance on wealth transfer taxation has been increasing for part of the period studied, wealth transfer taxes can be expected to wither away as population aging deepens over the next three decades. Our results indicate that recent tax designs that rely upon the taxation of wealth transfers to preserve equity in the face of declining taxation of capital incomes may be, in this respect, politically infeasible for the foreseeable future. We conclude by using the case of wealth transfer taxation to raise the general question of the extent to which the consistency of a proposed reform with expected political equilibria ought to play a role in the design of a normative policy blueprint.

February 19, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Cauble: Taxing Publicly Traded Entities

Emily Cauble (DePaul), Taxing Publicly Traded Entities, 6 Colum. J. Tax L. ___ (2015):

Publicly traded entities are generally treated as corporations for U.S. tax purposes. Under various exceptions, however, publicly traded entities may obtain special treatment if they earn predominately certain specified types of qualifying income. This Article examines potential rationales for granting special tax treatment to certain publicly traded entities. As the analysis in this Article will show, many of the potential rationales are unconvincing. In addition, to the extent that some rationales may be persuasive, the current rules are not designed in a way that best comports with these potential justifications. Therefore, reform is needed.

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

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)