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Thursday, May 14, 2015

Galle: Law and the Problem of Restricted-Spending Philanthropy

Brian Galle (Boston College), Pay It Forward? Law and the Problem of Restricted-Spending Philanthropy, 92 Wash. U.L. Rev. ___ (2016):

American foundations and other philanthropic giving entities hold about $1 trillion in investment assets, and that figure continues to grow every year. Even as urgent contemporary needs go unmet, philanthropic organizations spend only a tiny fraction of their wealth each year, mostly due to restrictive terms in contracts between donors and firms limiting the rate at which donations can be distributed. Law has played a critical role in underwriting and encouraging this build-up of philanthropic wealth. For instance, contributors can typically take a full tax deduction for the value of their contribution today, no matter when the foundation spends their money, and pay no tax on the investment earnings the organization reaps in the meantime.

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May 14, 2015 in Scholarship, Tax | Permalink | Comments (0)

Givati: Economic Theory And The Taxation of Fringe Benefits

Yehonatan Givati (Hebrew University of Jerusalem, Faculty of Law), Googling a Free Lunch: The Taxation of Fringe Benefits, 68 Tax L. Rev. ___ (2015):

How should fringe benefits be taxed? Though fringe benefits are covered in every basic law school course on federal income taxation, no widely accepted economic framework has developed for thinking about their taxation. As a result, policymakers lack a clear picture of the benefits and costs of alternative tax regimes, when faced with situations such as the free luxurious meals provided by Google and Facebook to their employees. This Article fills this gap in the literature, by developing an economic theory of the provision of fringe benefits.

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May 14, 2015 in Scholarship, Tax | Permalink | Comments (1)

NTA 45th Annual Spring Symposium: The 20th Century Tax Code In A 21st Century World

The 45th Annual Spring Symposium on The 20th Century Tax Code in a 21st Century World: Where Are the Pressure Points? by the National Tax Association and American Tax Institute kicks off today in Washington, D.C.

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May 14, 2015 in Conferences, Scholarship, Tax | Permalink | Comments (0)

Wednesday, May 13, 2015

Columbia Journal of Tax Law Publishes New Issue

Columbia Journal of Tax Law LogoThe Columbia Journal of Tax Law has published  Vol. 6, No. 2:

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

Journal Of Legal Education Publishes New Issue

Journal of Legal Education (2014)The Journal of Legal Education has published Vol. 64, No. 3:

Symposium: Nurturing Professionalism:

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May 13, 2015 in Legal Education, Scholarship | Permalink | Comments (0)

Tuesday, May 12, 2015

Law School Website Rankings

For the fourth year in a row, Roger V. Skalbeck (Associate Law Librarian for Electronic Resources & Services, Georgetown) has ranked law school websites. Top 10 Law School Home Pages of 2012, 3 J.L. (2 J. Legal Metrics) 51 (2013) (with Matthew L. Zimmerman (Electronic Resources Librarian, Georgetown).  Here are the Top 10 and Bottom 10:

1

Thomas Cooley

192

Ave Maria

1

Pennsylvania

193

Mississippi C.

3

Arkansas

194

Cornell

3

Houston

194

Touro

5

Florida Coastal

196

St. Thomas (FL)

5

Illinois

197

Stanford

5

U. Mississippi

198

U. Puerto Rico

8

Arizona State

199

St. John's

9

New England

200

D.C.

10

CUNY

201

Catholic U. P.R.

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May 12, 2015 in Law School Rankings, Legal Education, Scholarship | Permalink | Comments (0)

Monday, May 11, 2015

Manhire: A Government Perspective On Voluntary Tax Compliance

J. T. Manhire (U.S. Treasury Department), What Does Voluntary Tax Compliance Mean?: A Government Perspective, 164 U. Pa. L. Rev. Online ___ (2015):

One of the IRS’s principle goals is to maximize voluntary compliance. Yet, there is often a great deal of confusion and consternation when taxpayers discover that the IRS refers to the annual filing and payment ritual as “voluntary;” especially since most taxpayers do not believe they have a choice when it comes to filing and paying their taxes. What does voluntary compliance mean? Does it mean taxpayers can volunteer to file returns and pay taxes, much as one might volunteer to make a charitable donation? Does it mean taxpayers don’t have to comply with the tax laws if they don’t feel like it? How can it be a federal crime to not file or pay taxes if compliance is voluntary? This essay offers a government perspective as to why the IRS uses this sometimes perplexing term. After investigating (and dismissing) a possible literal defense, the essay surveys the IRS’s history to see why voluntary compliance is such a critical part of the U.S. tax system. The essay then recommends changing the term from voluntary to cooperative compliance to retain the government’s meaning while lessening taxpayer confusion.

May 11, 2015 in IRS News, Scholarship, Tax | Permalink | Comments (0)

Kahng: The Taxation of Women in Same-Sex Marriages

Lily Kahng (Seattle), The Not-So-Merry Wives of Windsor: The Taxation of Women in Same-Sex Marriages, 101 Cornell L. Rev. __ (2015):

In United States v. Windsor, the Supreme Court invalidated the Defense of Marriage Act definition of marriage as “between one man and one woman” and is now poised to recognize a constitutional right to same-sex marriage. Windsor cleared the way for same-sex couples to be treated as married under federal tax laws, and the Obama administration promptly announced that it would recognize same-sex marriages for tax purposes. Academics, policymakers, and activists lauded these developments as finally achieving tax equality between gay and straight married couples. This Article argues that the claimed tax equality of Windsor is illusory and that the only way to achieve actual equality is to eliminate taxation on the basis of marital status.

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

Sunday, May 10, 2015

The Top 5 Tax Paper Downloads

SSRN LogoThere is quite a bit of movement in this week's list of the Top 5 Recent Tax Paper Downloads, with a new #1 paper and new papers debuting on the list at #4 and #5:

  1. [215 Downloads]  The Historical Origins of the Debt-Equity Distinction, by Camden Hutchison (Wisconsin)
  2. [213 Downloads]  Using the 'Smart Return' to Reduce Tax Evasion, by Joseph Bankman (Stanford), Clifford Nass (Stanford) & Joel Slemrod (Michigan)
  3. [179 Downloads]  Scholarship Against Desire, by Shari Motro (Richmond)
  4. [129 Downloads]  Tax Compliance as a Wicked System, by J. T. Manhire (U.S Treasury Department)
  5. [121 Downloads]  Tax Account Misstatements and the PCAOB's Restrictions on Auditors’ Tax Services, by Clive Lennox (Nanyang Technological University)

May 10, 2015 in Scholarship, Tax, Top 5 Downloads | Permalink | Comments (0)

Friday, May 8, 2015

The Tax Lawyer Publishes New Issue

The Tax Lawyer (2013)The Tax Lawyer has published Vol. 68, No. 2 (Winter 2015):

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May 8, 2015 in ABA Tax Section, Scholarship, Tax | Permalink | Comments (0)

Weekly SSRN Tax Roundup

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May 8, 2015 in Scholarship, Tax | Permalink | Comments (0)

Weekly Student Tax Note Roundup

University College London Hosts Conference Today on The Philosophical Foundations of Tax Law

UCLUniversity College London Faculty of Laws hosts a two-day conference beginning today on The Philosophical Foundations of Tax Law:

There is currently very little literature considering the philosophical aspect of tax law. Yet given the controversy that surrounds tax, particularly in a turbulent economic environment, it is an excellent time to explore tax from a philosophical perspective. It is essential that we have a complete understanding of the answers to some of the seemingly basic questions which surround tax, before we can begin to think about what a tax system should look like. Questions such as what in fact is a tax? Why should we tax? How much should we tax and on whom should tax be levied? What should taxes be used for? How do ideas of fairness and justice tie in with the tax system?  The consideration of all these questions is crucial to a complete understanding of the tax system and the future of the tax system.

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May 8, 2015 in Conferences, Scholarship, Tax | Permalink | Comments (0)

Kahn & Kahn: The Agency Exception to the Anticipatory Assignment of Income Doctrine

Douglas A. Kahn (Michigan) & Jeffrey H. Kahn (Florida State), The Agency Exception to the Anticipatory Assignment of Income Doctrine, 147 Tax Notes 555 (May 4, 2015):

One consequence of having graduated income tax rates is that it becomes advantageous to shift income from a high bracket taxpayer to a person in a lower tax bracket. A number of different vehicles have been tried to shift the incidence of the income tax to another person, and the courts and Congress have adopted a number of rules to prevent that from occurring. As early as 1930, the Supreme Court adopted the anticipatory assignment of income doctrine to prevent a person who anticipates earning income from his services from shifting that income to another person in a lower tax bracket. Income is taxed to the person whose services produced it rather than to the person who has the beneficial right to possess the income once it is earned.

This article discusses the tax treatment of an employee whose services create income for his employer. The anticipatory assignment of income doctrine does not apply in these circumstances under the so-called agency exception. This article explains the policy justification of the agency exception and uses examples to help illustrate when and when not the agency exception should apply.

May 8, 2015 in Scholarship, Tax | Permalink | Comments (0)

Thursday, May 7, 2015

Virginia Tax Review Publishes New Issue

Virginia Tax Review (2014)The Virginia Tax Review has published Vol. 34, No. 2 (Fall 2014):

May 7, 2015 in Scholarship, Tax | Permalink | Comments (0)

Journal of Tax Administration Publishes Inaugural Issue

JOTA LogoThe Chartered Institute of Taxation and the University of Exeter Business School have launched the Journal of Tax Administration:

This open access, peer reviewed and on-line journal provides an interdisciplinary forum for scholars and practitioners to share knowledge and research on issues of concern to tax administrations, governments, the tax practitioner community and wider society. An international editorial board includes leading academics in the field.

The inaugural issue (Vol. 1, No. 1) contains these articles:

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May 7, 2015 in Scholarship, Tax | Permalink | Comments (0)

Maynard: Reimagining Wealth Taxation As A Tool For Building Wealth

Goldburn P. Maynard Jr. (Louisville), Addressing Wealth Disparities: Reimagining Wealth Taxation as a Tool for Building Wealth, 92 Denv. U. L. Rev. 145 (2014):

In the past three decades, research has indicated that the building of assets can have a sustainable impact on well-being. Yet to the extent that the tax system has incorporated this insight, it has been done in a piecemeal, ad hoc fashion, disproportionately benefiting those with wealth and further reinforcing wealth inequality. This paper argues that while reducing wealth concentrations is important, there should be an increased emphasis on how our tax system can build wealth or, put differently, level up. While the problem of wealth disparities may be too large for any one part of the federal policy toolkit to solve, I argue that the tax system can and should play a vital role.

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May 7, 2015 in Scholarship, Tax | Permalink | Comments (0)

Wednesday, May 6, 2015

Oei & Ring: Human Equity? Regulating The New Income Share Agreements

Shu-Yi Oei (Tulane) & Diane M. Ring (Boston College), Human Equity? Regulating the New Income Share Agreements, 68 Vand. L. Rev. 681 (2015):

A controversial new financing phenomenon has recently emerged. New “income share agreements” (“ISAs”) enable an individual to raise funds by pledging a percentage of her future earnings to investors for a certain number of years. These contracts, which are offered by entities such as Fantex, Upstart, Pave, and Lumni, raise important questions for the legal system: Are they a form of modern-day indentured servitude or an innovative breakthrough in human financing? How should they be treated under the law?

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

LoPucki: Disciplining Legal Scholarship

Lynn M. LoPucki (UCLA), Disciplining Legal Scholarship, 95 Tul. L. Rev. ___ (2015):

American law schools are hiring large proportions of J.D.-Ph.D.s in tenure-track faculty positions in an effort to increase the quantity and quality of empirical legal scholarship. That effort is failing. The new recruits bring methods and objectives unsuited to law. They produce lower-than-predicted levels of empiricism because they compete on the basis of methodological sophistication, devote time and resources to disputes over arcane issues in statistics and methodology, prefer to collaborate with other Ph.D.s, and intimidate empiricists whose work does not require high levels of methodological sophistication. In short, Ph.D.s impose the cultures of their disciplines on legal scholarship.

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May 6, 2015 in Legal Education, Scholarship | Permalink | Comments (3)

Silver: The Responsible Way Out Of The Law School Crisis

Jay Sterling Silver (St. Thomas), Pedagogically Sound Cuts, Tighter (Not Looser) Accreditation Standards, and a Well-Oiled Doomsday Machine: The Responsible Way Out of the Crisis in Legal Education, 66 Rutgers L. Rev. 353 (2014):

This Article outlines the actual causes of exorbitant tuition and graduate unemployment, the pedagogical problems posed by the proposed solutions urged upon the ABA as the accrediting body for law schools, and the solutions that will preserve legal education as both a public and a private good.

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

Fleischer: Libertarianism And The Charitable Tax Subsidies

Miranda Perry Fleischer (San Diego), Libertarianism and the Charitable Tax Subsidies, 56 B.C. L. Rev. ___ (2016):

Tax scholarship is largely silent about the interaction between libertarian principles and the structure of our tax system. If all taxation is indeed slavery, as Nozick suggested, why bother analyzing libertarianism for insights into our tax system? This dismissal, however, ignores the diversity of libertarian thought. To that end, this Article mines the nuances of libertarian theory for insights into one feature of our tax system: the charitable tax subsidies.

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

Preparing The Online Generation For The Occupational Hazards Of The Legal Profession

Brittany Stringfellow Otey (Pepperdine), Buffering Burnout: Preparing the Online Generation for the Occupational Hazards of the Legal Profession, 24 S. Cal. Interdisc. L.J. 147 (2014):

OnlineThis article explores legal education’s “elephant in the classroom”: the innate psychological toll of the legal profession and legal education’s failure to adequately prepare law students for that reality. This article will address the increasing need for reform by: 1) examining several unique qualities of Millennials and their use of technology; 2) exploring the occupational hazards of lawyering, namely stress, burnout and compassion fatigue; 3) identifying the ways in which technology increases Millennials’ vulnerability to these occupational hazards and subsequent professional impairments; and 4) providing best practices and preventative tools to be used in a professional formation curriculum aimed at preparing Millennial students to thrive in legal practice.

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

Tuesday, May 5, 2015

Polsky Presents Private Equity Tax Games Today At NYU

Polsky (2015)Gregg D. Polsky (North Carolina) presents A Compendium of Private Equity Tax Games at NYU today as part of its Tax Policy Colloquium Series hosted by Daniel Shaviro and Alan Viard:

This paper will describe and analyze tax strategies, lawful and unlawful, used by private equity firms to minimize taxes. While one strategy — the use of “carried interest” — should by now be well understood by tax practitioners and academics, the others remain far more obscure. In combination, these strategies allow private equity managers to pay preferential tax rates on all of their risky pay (through carried interest), pay preferential tax rates on much of their non-risky pay (through management fee waivers and misallocations of their expense deductions), and push much of the residual non-risky pay down to their funds’ portfolio companies who, unlike the fund, can derive significant tax benefits from the resulting deductions (through monitoring fees and management fee offsets).

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

Soled Reviews Zelenak's Learning To Love Form 1040

Learning to Love 1040Jay A. Soled (Rutgers), Book Review, 87 Temp. L. Rev. 111 (2014) (reviewing Lawrence Zelenak (Duke), Learning to Love Form 1040: Two Cheers for the Return-Based Mass Income Tax (University of Chicago Press, 2013)): 

For the last several decades, a few days immediately before and on April 15 itself, our country has experienced an annual ritual as taxpayers nationwide form long lines at their local post offices to file their income tax returns. Akin to military service, undoubtedly few relish this obligation but recognize it as their civic obligation worthy of fulfillment. In a fascinating new book, Learning to Love Form 1040, published by the University of Chicago Press, Duke University School of Law professor Lawrence Zelenak details the origins of this obligation, traces its history, and explores how it has fostered what he terms fiscal citizenship, or “the important civic purpose of recognizing and formalizing the financial responsibilities of citizenship.”

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May 5, 2015 in Book Club, Scholarship, Tax | Permalink | Comments (2)

Clark: Thoughts On The Uses (Or Uselessness) Of Legal Scholarship

Sherman J. Clark (Michigan), Drawing (Gad) Flies: Thoughts on the Uses (or Uselessness) of Legal Scholarship, 48 U. Mich. J.L. Reform ___ (2015):

The apparent uselessness of much legal scholarship is a recurring theme in the profession. As with the broader pressures law schools are facing, we should embrace and learn from this scrutiny. In that spirit, this brief essay makes two related points. First, at least some scholarship should question, rather than merely accept as given, the aims and priorities of the profession. We should be willing to rethink, rather than merely reflect, current assumptions about what matters — about what is or is not truly useful. Thus some of our work will, by definition, initially strike the profession as useless — at least if we are doing our job. Second, support for a certain amount of wide-ranging scholarship attracts and helps retain law teachers who are willing and able to do this sort of work — and who are thus able to help future members of the profession develop that same capacity. How we evaluate this latter consideration will depend on our views about who should be teaching law and what we should be teaching. In this way, responding thoughtfully to difficult questions from the profession about the value of our scholarship should prompt reflection not just about the uses of legal research but about the aims of legal education more broadly.

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

Monday, May 4, 2015

Thomas Reviews Avi-Yonah's Corporate Taxation and Corporate Social Responsibility

Jotwell Kathleen DeLaney Thomas (North Carolina), Do Corporate Managers Have a Duty to Avoid Taxes? (Jotwell) (reviewing Reuven S. Avi-Yonah (Michigan), Just Say No: Corporate Taxation and Corporate Social Responsibility, 12 NYU J. L. & Bus. __ (2015):

The recent wave of corporate inversion transactions, in which domestic companies essentially move their headquarters abroad to lower their U.S. tax bill, is just the latest in a decades-long trend of aggressive tax avoidance behavior by corporations. From the government’s perspective, inversions and other tax avoidance strategies erode the U.S. tax base and impose a costly enforcement challenge on Treasury and the IRS. But from the perspective of corporate managers, aggressive tax planning may simply be part of the corporation’s duty to maximize shareholder value. Reuven Avi-Yonah questions this latter proposition in Just Say No: Corporate Taxation and Corporation Social Responsibility. He offers a compelling argument that corporate managerial duties are not hopelessly at odds with the goal of promoting better corporate tax compliance.

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

Taxpayer Standing In International Tax Disputes

Limor Riza (Carmel Academic Center, Haifa, Israel), Taxpayers’ Lack of Standing in International Tax Dispute Resolutions: An Analysis Based on the Hybrid Norms of International Taxation, 34 Pace L. Rev. 1064 (2014):

This paper examines whether a taxpayer should have “standing” in international dispute resolutions. To answer this question the primary task is to identify the nature of international taxation. In other words, this paper discusses how to classify the field of international taxation. Is it part of public international law, private international law (i.e., conflict of laws), national (domestic) law, or is it a hybrid field that requires specific attention? Making this distinction is vital for resolving disputes when a taxpayer is taxed twice for cross-border transactions in cases where the double tax convention is unclear and both contracting states claim full or partial tax on accrued income.

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

Tax Policy And The Invisible Hand Of God

We Are Better Than This (2014)Huffington Post:  The Invisible Hand of God, by Jim Burklo (Associate Dean of Religious Life, USC):

The United States has the highest poverty rate, the greatest income inequality, and the greatest wealth inequality of any major developed economy in the world. Edward Kleinbard, We Are Better Than This: How Government Should Spend Our Money (Oxford University Press, 2014) (p 98).

America ought to be better than these statistics imply. It's time for us to live up to the moral values espoused so long ago by Adam Smith. The real Adam Smith, that is.

I've just finished a dense but important and surprisingly readable book by a University of Southern California professor of tax law, Ed Kleinbard. I had the privilege of enjoying a vegetarian lunch with him last week at USC's Good Karma Cafe. He was eager for me to do what I could in the faith community to spread the message of his recent book. And I'm eager to do so, because there is good theology lurking amid the wonky details of tax and spending policy in We Are Better Than This.

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May 4, 2015 in Book Club, Scholarship, Tax | Permalink | Comments (3)

Sunday, May 3, 2015

The Top 5 Tax Paper Downloads

SSRN LogoThere is quite a bit of movement in this week's list of the Top 5 Recent Tax Paper Downloads, with a new #1 paper and new papers debuting on the list at #4 and #5:

  1. [247 Downloads]  Can Sharing Be Taxed?, by Shu-Yi Oei (Tulane) & Diane M. Ring (Boston College)
  2. [199 Downloads]  Using the 'Smart Return' to Reduce Tax Evasion, by Joseph Bankman (Stanford), Clifford Nass (Stanford) & Joel Slemrod (Michigan)
  3. [188 Downloads]  The Historical Origins of the Debt-Equity Distinction, by Camden Hutchison (Wisconsin)
  4. [171 Downloads]  Scholarship Against Desire, by Shari Motro (Richmond)
  5. [126 Downloads]  Fairness and Taxation in a Globalized World, by Sigrid Hemels (Eramus)

May 3, 2015 in Scholarship, Tax, Top 5 Downloads | Permalink | Comments (0)

Friday, May 1, 2015

Barry Presents Tax Regulation, Transportation Innovation, and the Sharing Economy Today at Georgia

BarryJordan M. Barry (San Diego) presents Tax Regulation, Transportation Innovation, and the Sharing Economy, 82 U. Chi. L. Rev. Dialogue 69 (2015) (with Paul L. Caron (Pepperdine)) at the 6th Annual Meeting of the Association for Law, Property & Society (ALPS) today at the University of Georgia School of Law:

Many emerging companies’ business models center on helping consumers to share assets in new ways. This “sharing economy” has already experienced tremendous growth and attracted considerable investment capital and talent. Yet, as is often the case with economic innovations, existing regulatory structures have hindered the growth of the sharing economy, reducing its popularity and slowing its development.

This Article explores the tension between innovation and regulation, both in general and in a specific context: the intersection of the transportation sector of the sharing economy and the qualified transportation fringe benefit rules of Internal Revenue Code Section 132.

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May 1, 2015 in Conferences, Scholarship, Tax | Permalink | Comments (0)

Weekly SSRN Tax Roundup

Weekly Student Tax Notes Roundup

May 1, 2015 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Thursday, April 30, 2015

Davis: Mapping the Families of the Internal Revenue Code

Tessa R. Davis (South Carolina), Mapping the Families of the Internal Revenue Code, 22 Va. J. Soc. Pol'y & L. 179 (2015):

The Tax Code contains not one, but two conceptions of family. Existing scholarship does not address this puzzle but instead takes one of two views on the family—either the family is a tool for avoiding taxes or it is a source of discrimination. Current scholars, motivated by the discrimination concern, reject the relevance of kinship to tax and argue for an increased focus on the individual. This Article takes a different approach. Utilizing the “status” and “contract” distinctions familiar to family law scholars, it explains the puzzle of the multiple families in the Code, identifying the two families of the Code and their respective functions.

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April 30, 2015 in Scholarship, Tax | Permalink | Comments (0)

Nussim & Tabbach: Tax-Loss Mechanisms

Jacob Nussim (Bar-Ilan University) & Avraham Tabbach (Tel-Aviv University), Tax-Loss Mechanisms, 81 U. Chi. L. Rev. 1509 (2014):

Business losses are a persistent reality and far from an insignificant economic phenomenon. They are disruptive for businesses and burdensome for tax authorities. This Article builds a theory of tax-loss-mechanism design and discusses its normative implications. Although income-tax laws in the United States and else-where conclusively adopt a loss-offset mechanism, economists often advocate that losses be governed by a tax-refundability regime. Tax scholars, on the other hand, largely ignore the question of the desirable tax-loss mechanism.

This Article constructs and applies an economic framework for analyzing three prominent tax mechanisms for the treatment of losses: offset, refundability, and transferability. The economic theory that we develop yields several new insights and results. We show that all three tax mechanisms diverge primarily by legal design choices rather than by any inherent feature, and therefore, contrary to the common understanding in the literature, any normative choice can be imple-mented through any of the three, setting aside implementation costs. The commonly perceived differences among these tax mechanisms are erroneously grounded in observations of existing tax rules; this has prevented scholars from envisioning a redesign according to policy preferences.

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April 30, 2015 in Scholarship, Tax | Permalink | Comments (0)

Blum: Migrants With Retirement Plans

Florida Tax ReviewCynthia A. Blum (Rutgers-Newark), Migrants with Retirement Plans: The Challenge of Harmonizing Tax Rules, 17 Fla. Tax Rev. 1 (2015):

Many countries seek to encourage retirement savings for their residents by offering tax preferences for privately-operated "qualified retirement plans." These tax preferences generally take the form of delaying taxation of contributions made to the plan and of the earnings thereon until funds are withdrawn by the participant during retirement. In a few cases, countries instead tax contributions immediately but forgo further tax. Because these rules encompass the tax treatment to be accorded throughout an individual’s lifetime, the individual is able to plan for retirement with some assurance of the eventual tax consequences. However, in recent years, it has become increasingly likely that an individual who has accumulated qualified retirement savings in one country will later migrate and retire in another country and, as a result, face unexpected tax consequences.

This Article examines (1) the tax rules commonly applied by the country of emigration in order to maintain its ability to tax a departing participant in a qualified plan, and (2) the tax rules commonly applied by the country of immigration when its new resident has accumulated savings in another country’s qualified plan. The Article then analyzes how the interaction of the two countries’ rules may lead to inappropriate tax consequences and administrative burdens. In addition, it considers the various ways that bilateral treaties and model tax treaties seek to ameliorate these concerns.

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April 30, 2015 in Scholarship, Tax | Permalink | Comments (0)

Fleming, Peroni & Shay: Formulary Apportionment in the U.S.

J. Clifton Fleming (BYU), Robert J. Peroni (Texas) & Stephen E. Shay (Harvard), Formulary Apportionment in the U.S. International Income Tax System: Putting Lipstick on a Pig?, 36 Mich. J. Int'l L. 1 (2015):

Perhaps surprisingly, this Article has shown that the debate over formulary apportionment is little more than an alternative path to the larger debate over worldwide taxation versus territorial taxation. The present U.S. international income tax regime for U.S. MNEs is an implicit, overly-generous, and incoherent quasi-territorial system that relies on residence rules, source rules, and the arm’s-length approach to apportion international business profits between domestic income that is currently taxable by the United States and foreign income that is effectively exempt, or nearly so, from U.S. taxation because of deferral and cross-crediting. This version of territoriality is quite ugly because it is highly complex and it imposes only modest restraints on the ability of U.S. MNEs to shift income out of the U.S. tax base to low-tax foreign countries.

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April 30, 2015 in Scholarship, Tax | Permalink | Comments (0)

Wednesday, April 29, 2015

Tax Compliance As A Wicked System

WickedJ. T. Manhire (U.S. Treasury Department), Tax Compliance as a Wicked System:

This paper proposes a new typology and framework for tax compliance systems. Traditionally-competing approaches such as deterrence theory, behaviorist theory, and game theoretic models taken together suggest that tax compliance is perhaps a new type of system — a “wicked system” — that is only partially comprehensible by understanding the traditional theories alone. If correct, previously competing theories become simply different limiting cases of the same underlying “wicked system.” The paper concludes with a discussion of the framework’s limitations and presents initial solutions and challenges for future work.

April 29, 2015 in Scholarship, Tax | Permalink | Comments (0)

Why Don't Law Professors Play Well With Others?

PlayMichael I. Meyerson (Baltimore), Law School Culture and the Lost Art of Collaboration: Why Don't Law Professors Play Well with Others?, 93 Neb. L. Rev. 547 (2015):

I have an Erdős number. Specifically, I have an Erdős number of 5. For the uninitiated, the concept of an “Erdős number” was created by mathematicians to describe how many “degrees of separation” an author of an article is from the great mathematician Paul Erdős. If you coauthored a paper with Erdős, you have an Erdős number of 1. If you coauthor a paper with someone with an Erdős number of 1, you have earned an Erdős number of 2. Coauthoring a paper with someone with an Erdős number of 2 gives you an Erdős number of 3, and so on.

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April 29, 2015 in Legal Education, Scholarship | Permalink | Comments (0)

Call for Papers: Global Conference on Environmental Taxation

16th

The 16th Global Conference on Environmental Taxation to be held in Sydney, Australia  on September 23-26, 2015 has issued a Call for Papers:

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April 29, 2015 in Conferences, Scholarship, Tax, Tax Faculty Metro Area Rankings | Permalink | Comments (0)

Tuesday, April 28, 2015

Schizer Presents Energy Tax Expenditures Today at NYU

Schizer (2016)David M. Schizer (Columbia) presents Energy Tax Expenditures: Worthy Goals, Competing Priorities, and Flawed Institutional Design at NYU today as part of its Tax Policy Colloquium Series hosted by Daniel Shaviro and Alan Viard:

Part I outlines the environmental, national security, and economic goals of energy tax expenditures.  Part II discusses how empirical uncertainty and heterogeneity complicate efforts to pursue these objectives.  Part III considers challenges that arise because of conflicts in our goals.  Part IV canvasses the political economy advantages of subsidies over Pigouvian taxes, and offers suggestions about how to make Pigouvian taxes more politically palatable.  Part V surveys five institutional design challenges that arise under currently law – most of which are more acute with subsidies than with Pigouvian taxes – and offers suggestions about how to mitigate them.  Part VI is the conclusion.

April 28, 2015 in Colloquia, Scholarship, Tax | Permalink | Comments (0)

Symposium: The 100th Anniversary of the Income Tax

NYLSSymposium, The 100th Anniversary of the Revenue Act of 1913: Marking a Century of Income Tax Law in the United States, 59 N.Y.L. Sch. L. Rev. 261-420 (2014):

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April 28, 2015 in Conferences, Scholarship, Tax | Permalink | Comments (0)

Are PILOTs Property Taxes for Nonprofits?

Fan Fei (Michigan), James R. Hines Jr. (Michigan) & Jill R. Horwitz (UCLA), Are PILOTs Property Taxes for Nonprofits?:

Nonprofit charitable organizations are exempt from most taxes, including local property taxes, but U.S. cities and towns increasingly request that nonprofits make payments in lieu of taxes (known as PILOTs). Strictly speaking, PILOTs are voluntary, though nonprofits may feel pressure to make them, particularly in high-tax communities. Evidence from Massachusetts indicates that PILOT rates, measured as ratios of PILOTs to the value of local tax-exempt property, are higher in towns with higher property tax rates: a one percent higher property tax rate is associated with a 0.2 percent higher PILOT rate. PILOTs appear to discourage nonprofit activity: a one percent higher PILOT rate is associated with 0.8 percent reduced real property ownership by local nonprofits, 0.2 percent reduced total assets, and 0.2 percent lower revenues of local nonprofits. These patterns are consistent with voluntary PILOTs acting in a manner similar to low-rate, compulsory real estate taxes.

April 28, 2015 in Scholarship, Tax | Permalink | Comments (2)

Monday, April 27, 2015

Ryan Receives St. Louis Faculty Scholarship Award

RyanCongratulations to Kerry Ryan (St. Louis), who received the St. Louis Law School Faculty Award For Exceptional Legal Scholarship today for her article, EITC as Income (In)Stability?, 14 Fla Tax Rev. 583 (2014):

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April 27, 2015 in Legal Education, Scholarship, Tax | Permalink | Comments (0)

Carter: A Critique of Charitable Bequests

Elizabeth R. Carter (LSU), Tipping the Scales in Favor of Charitable Bequests: A Critique, 34 Pace L. Rev. 983 (2014):

This paper considers the public policy favoring testamentary bequests to charity and offers a critique of that policy.

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

Sunday, April 26, 2015

The Top 5 Tax Paper Downloads

SSRN LogoThere is quite a bit of movement in this week's list of the Top 5 Recent Tax Paper Downloads, with a new #1 paper and new papers debuting on the list at #4 and #5:

  1. [271 Downloads]  The U.S. Foreign Account Tax Compliance Act: American Legal Imperialism?, by Bruce W. Bean (Michigan State) & Abbey Wright Farnsworth
  2. [252 Downloads]  Recent Developments in Federal Income Taxation: The Year 2014, by Martin J. McMahon Jr. (Florida), Bruce A. McGovern (South Texas) & Ira B. Shepard (Houston)
  3. [217 Downloads]  Can Sharing Be Taxed?, by Shu-Yi Oei (Tulane) & Diane M. Ring (Boston College)
  4. [176 Downloads]  Using the 'Smart Return' to Reduce Tax Evasion, by Joseph Bankman (Stanford), Clifford Nass (Stanford) & Joel Slemrod (Michigan)
  5. [169 Downloads]  The Historical Origins of the Debt-Equity Distinction, by Camden Hutchison (Wisconsin)

April 26, 2015 in Scholarship, Tax, Top 5 Downloads | Permalink | Comments (0)

Saturday, April 25, 2015

Ring Presents Can Sharing Be Taxed? Today at Fordham

FordhamDiane M. Ring (Boston College) presents Can Sharing Be Taxed?, 93 Wash. U. L. Rev. ___ (2016) (with Shu-Yi Oei (Tulane)), at Fordham today as part of its conference on Sharing Economy, Sharing City: Urban Law and the New Economy:

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.

April 25, 2015 in Conferences, Scholarship, Tax | Permalink | Comments (0)

Friday, April 24, 2015

Weekly SSRN Tax Roundup

Weekly Student Tax Note Roundup

April 24, 2015 in Scholarship, Tax, Weekly Student Tax Note Roundup | Permalink | Comments (0)

Forman & Mann: Making The IRS Work

Florida Tax ReviewJonathan Barry Forman (Oklahoma) & Roberta F. Mann (Oregon), Making the Internal Revenue Service Work, 17 Fla. Tax Rev. ___ (2015):

This is an Article about how to redesign the federal tax system so that the Internal Revenue Service (IRS) can administer it more effectively given that Congress is only willing to let the IRS have around 82,000 employees and a $12 billion budget. As the IRS Oversight Board and the National Taxpayer Advocate frequently emphasize, the United States underinvests in the IRS, and that underinvesting means that taxpayer services are suffering and that tax enforcement has been significantly weakened.

With budget deficits for “as far as the eye can see” and the recent IRS troubles with tax-exempt political organizations, the prospects for increased funding for the IRS are remote. In this Article, we consider a variety of approaches that would make it easier for the IRS to raise and collect revenue, and we offer a number of recommendations for legislative and administrative changes. For example, we recommend simplifying the tax system, enhancing third-party reporting, and streamlining the tax-filing and dispute-resolution procedures.

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

Symposium: Teaching the Academically Underprepared Law Student

TUSSymposium, Teaching The Academically Underprepared Law Student,  53 Duq. L. Rev. 1-278 (2015):

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