Paul L. Caron
Dean




Thursday, February 22, 2024

Mansour Presents Building Tax Capacity In Developing Countries Today At UCLA

Mario Mansour (IMF) presents Building Tax Capacity in Developing Countries (with Juan Carlos Benitez (IMF; Google Scholar), Miguel Pecho (IMF) & Charles Vellutini (IMF; Google Scholar)) at UCLA today as part of its Colloquium on Tax Policy and Public Finance hosted by Kirk Stark and Jason Oh: 

Mario mansourTax capacity—the policy, institutional, and technical capabilities to collect tax revenue—is part of a deeper process of state building that is essential for achieving the sustainable development goals. This Staff Discussion Note shows that developing countries have made some progress in revenue mobilization during the past decades, but that much more is needed. It finds that a staggering 9 percentage-point increase in the tax- to-GDP ratio is feasible through a combination of tax system reform and institutional capacity building. Achieving this calls for a holistic and institution-based approach that focuses on improving policy, administration, and legal implementation of core taxes. The note offers practical lessons and guidance, based on IMF capacity-building experience in this area.

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February 22, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

2024 Tannenwald Tax Writing Competition

Tannenwald tax scholarshipThe Theodore Tannenwald, Jr. Foundation for Excellence in Tax Scholarship and American College of Tax Counsel are sponsoring the 2024 Tannenwald Writing Competition.

Named for the late Tax Court Judge Theodore Tannenwald, Jr., and designed to perpetuate his dedication to legal scholarship of the highest quality, the Tannenwald Writing Competition is open to all full- or part-time law school students, undergraduate or graduate.  Papers on any federal or state tax-related topic may be submitted in accordance with the Competition Rules.

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February 22, 2024 in Legal Education, Tax, Tax Daily, Teaching | Permalink

Thomas: Tax And The Myth Of The Family Farm

Kathleen DeLaney Thomas (North Carolina; Google Scholar), Tax and the Myth of the Family Farm, 110 Iowa L. Rev. __ (2024):

Iowa law reviewWith income and wealth inequality at historically high levels, policymakers have looked to the tax system as a potential road to reform. Specifically, new taxes on wealth or inheritances could raise much needed revenue and reduce intergenerational wealth disparities. Yet looming behind recent proposals to strengthen the progressivity of the tax system is the specter of taxing family farms out of existence. 

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February 22, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Rodriguez: Reform And Reckoning In 2024 Legal Education

Dan Rodriguez (Northwestern; Google Scholar), Passing the Batons: Reform and Reckoning in 2024 Legal Education:

To say we are experiencing "a moment" risks cliche.  But as to the potential for reform in the legal education space, there may in fact be a moment, for two colliding reasons:  First, the problems that have long plagued legal education are not fundamentally abating, and, indeed, some are worsening. ... Problems need to be solved for the betterment of our enterprise, of our profession.  Second, it just so happens that there is a very large turnover in leadership at the organizations that have long been the primary regulators and engines of influence.  To name names, Bill Adams will step down as ABA Legal Ed Section managing director at the end of this academic year, and will be replaced by Dean Jennifer Rosato Perea.  Kellye Testy will leave LSAC to become the next executive director of the AALS.  Kellye will be replaced, although I have no idea at all about the identity of her replacement.  One other interesting fact along these same lines:  The incoming chair of the ABA Legal Ed council is a well-known maverick and fearless innovator, Bridget McCormack, the former chief justice of the Michigan Supreme Court.  And so we are at one of those rare moments where new leadership might steer this big, bulky legal ed ship in a new direction.

I intend this as not merely a gesture of hope, but one of urgency and imperative.  Among the issues that call for close attention and action from these able new leaders:

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February 22, 2024 in Legal Ed News, Legal Education | Permalink

Generative AI For Tax: Looking Back, Looking Ahead

Benjamin Alarie (Osler Chair in Business Law, University of Toronto; CEO, Blue J Legal),), Generative AI for Tax: Looking Back, Looking Ahead, 182 Tax Notes Fed. 1069 (Feb. 5, 2024):

Tax Notes Federal (2022)This article canvases the highlights of what has been going on with generative AI over this past year. It outlines the main developments ushered in by the large technology players for the development and commercialization of AI in 2023 and then, more importantly for the purposes of tax professionals, offers a quick rundown of some of the principal developments in the world of tax law specifically for generative AI in 2023, particularly regarding tax analysis. It then forecasts what lies ahead for generative AI in tax in 2024.

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February 22, 2024 in Scholarship, Tax, Tax Analysts, Tax Daily, Tax Scholarship | Permalink

U.S. Tax Court's Tax Trailblazers: Alice Thomas

U.S. Tax Court's Diversity & Inclusion Series, Tax Trailblazers: Mentoring the Next Generation (registration):

Alice thomasPlease join the United States Tax Court as its Tax Trailblazers series continues with Howard Law Professor Alice Thomas, today at 7:00 - 8:15 PM EST (register here). 

Professor Alice Martin Thomas is a tenured associate professor of law at Howard University School of Law where she heads the tax program and teaches federal tax, contracts, and commercial law subjects. She is an inaugural member of the Loretta Argrett ABA Tax Fellowship. She also is a Carnegie Scholar with the Carnegie Foundation for the Advancement of Teaching and Learning and the former Interim Director of the Howard University Center for Excellence in Teaching, Learning, and Assessment.

Professor Thomas attended Washington University in St. Louis, earning a Double Major in Psychology and Black Studies, and a Minor in Biology.

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February 22, 2024 in Legal Ed News, Legal Education, Tax, Tax Daily, Tax News | Permalink

Wednesday, February 21, 2024

Call For Presentations: UC-Irvine Symposium On Moore And The Future Of The Realization Doctrine

Call for Presentations: The Moore Case and the Future of the Realization Doctrine:

UCI Law (2022)The Graduate Tax Program at the University of California, Irvine School of Law will host its 6th Annual UCI Law - Taylor Nelson Amitrano LLP Tax Symposium on April 18, 2024. The theme this year is The Moore Case and the Future of the Realization Doctrine.

We are interested in submissions for proposed presentations on potential effects of the Moore case on the realization doctrine, as well as any topics relating to the realization doctrine as they pertain to issues such as constitutional design, legal alternatives, behavioral effects, societal effects and disparities, tax planning, and political discourse.

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February 21, 2024 in Conferences, Scholarship, Tax, Tax Conferences, Tax Daily, Tax Scholarship | Permalink

Drexel Seeks To Hire A Tax VAP

Drexel University Kline School of Law, Visiting Assistant Professor

Drexel lawThe Drexel University Kline School of Law invites applications for two full-time teaching professor or Visiting Assistant Professor positions in our JD program, plus one full-time teaching professor in our unique BA in Law program, all to begin in the summer or fall of 2024.  We seek candidates who hold a JD and/or a PhD (or appropriate equivalent) and have a demonstrated commitment to excellent teaching. The JD program has needs in the areas of legal methods (research, writing, and analysis), tax law, evidence, and criminal procedure, among other areas. The BA program seeks candidates with a focus on the intersection of law and the social sciences. The law school is open to candidates with an interest in teaching across the JD and BA programs. ...

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February 21, 2024 in Fellowships & VAPs, Legal Education, Tax, Tax Daily, Tax Prof Jobs | Permalink

Brunson: A New Johnson Amendment—Subsidy, Core Political Speech, And Tax-Exempt Organizations

Samuel D. Brunson (Loyola-Chicago; Google Scholar), A New Johnson Amendment: Subsidy, Core Political Speech, and Tax-Exempt Organizations:

Seven decades ago, Congress enacted the so-called Johnson Amendment. This provision of tax law forbids tax-exempt public charities from endorsing or opposing candidates for office. Under the plain language of the tax law, an organization that violates the Johnson Amendment does not qualify as tax-exempt.

The legislative history underlying the Johnson Amendment is sparse, and it provides few clues as to Congress’s reason for enacting it. In the ensuing years, though, it has become clear that Congress does not want to subsidize campaigning activities, and this has become the most convincing justification for the Johnson Amendment. However, the design of the current Johnson Amendment goes further than merely refusing to subsidize: it entirely prevents public charities from engaging in campaigning speech.

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February 21, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Amy Wax Appeals Sanctions Imposed By Penn Faculty Senate (1-Year Suspension At 50% Pay, Loss Of Chair)

UpdateRobert George (Princeton): "Why would Penn continue to prosecute law professor Amy Wax for speech crimes after the congressional hearings revealed the University's hypocrisy and double standards when it comes to freedom of speech on campus?"

Following up on my previous posts (links below):  Philadelphia Inquirer, Penn Hearing Board Recommended Sanctions Against Amy Wax in June, but Her Appeal Means the Process Isn’t Over:

Wax (2023)The case against controversial University of Pennsylvania law professor Amy Wax — who has called into question the academic ability of Black students and said the country would be better off with fewer Asians and less Asian immigration — has gone on for over two years with no public outcome.

But sources close to the investigation confirmed a university hearing board made up of tenured faculty recommended in June that Wax should face sanctions, including a one-year suspension at half pay with benefits intact, but stopped short of calling for her to be fired and stripped of tenure.

The hearing board also recommended: a public reprimand issued by university leadership, the loss of her named chair and summer pay, and a requirement to note in her public appearances that she is not speaking for or as a member of the Penn Carey Law school or Penn, according to the sources, who spoke on condition of anonymity because they are not authorized to speak on the matter. ...

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February 21, 2024 in Legal Ed News, Legal Education | Permalink

Sarin, Summers, Goldberg & Samuels: Tax Reform Project — Seeking Experts’ Ideas For A Better Tax Code

Natasha Sarin (Yale), Lawrence Summers (Harvard), Fred Goldberg, Jr. (Skadden) & Leslie B. Samuels (Cleary Gottlieb), Tax Reform Project: Seeking Experts’ Ideas for a Better Tax Code, 182 Tax Notes Fed. 1027 (Feb. 5, 2024): 

Tax Reform ProjectIn this article, the authors announce the Tax Reform Project and invite tax experts to submit their ideas for improving the tax system to the project’s website for inclusion in a “practitioners’ green book” that will aid the development of tax policy in Washington. ...

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February 21, 2024 in Scholarship, Tax, Tax Analysts, Tax Daily, Tax Scholarship | Permalink

ABA Council To Vote On Including JD-Next With LSAT And GRE As Approved Tests For Law School Admissions

Following up on my previous post, ABA Consultant: JD-Next Is Reliable Predictor Of Law School Performance And Can Be Used In Lieu Of LSAT/GRE:  Reuters, Law School Admissions Program JD-Next Seeks ABA's Blessing:

Aspen-jd-nextAlternative law school admissions program JD-Next could soon join the LSAT and the GRE in gaining the American Bar Association’s stamp of approval.

The ABA’s Council of the Section of Legal Education and Admissions to the Bar is slated Thursday to consider a request by JD-Next’s operator to deem the program a “valid and reliable” predictor of an applicant’s law school grades—a designation that would enable law school admissions offices to use it without special ABA permission, as they do with both the LSAT and GRE.

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February 21, 2024 in Legal Ed News, Legal Education | Permalink

Tuesday, February 20, 2024

Zelenak: The Income Tax, The Constitution, And The Unrealized Importance Of Helvering v. Griffiths

Lawrence Zelenak (Duke; Google Scholar), The Income Tax, the Constitution, and the Unrealized Importance of Helvering v. Griffiths, 43 Va. Tax Rev. 257 (2023):

Virginia tax reviewThe Supreme Court recently granted certiorari in Moore v. United States, for the purpose of deciding whether the realization doctrine remains a constitutional limitation on Congress's ability to impose an unapportioned income tax, as the Court held in its famous 1920 decision in Eisner v. Macomber. Although it is natural to look to 1920 and Macomber as the cause of today's uncertain scope of the congressional power to tax income, what did not happen in the Court's 1943 decision in Helvering v. Griffiths is as significant as what did happen in 1920. The presence of Moore on the Court's docket today depends on Macomber's wildly improbable survival in 1943. That survival was the product of a perfect storm of unlikely circumstances.

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February 20, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Florida Seeks To Hire Two Tax VAPs

University of Florida Levin College of Law, Visiting Assistant Professor

Florida levin college of lawUniversity of Florida Levin College of Law seeks to hire two visiting assistant professors in tax as part of the College’s pursuit of excellence in legal education and scholarship. The University of Florida, located in Gainesville, FL, currently has the #2 tax law program in the nation and is the flagship university of the third largest state. 

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February 20, 2024 in Ari Glogower, Fellowships & VAPs, Legal Education, Tax, Tax Daily, Tax Prof Jobs | Permalink

California's High Taxes Are Driving The Wealthy Away

Bloomberg Op-Ed:  California's High Taxes Are Driving The Wealthy Away, Tyler Cowen (George Mason; Google Scholar):

Some Americans like to mock France and Sweden for their high taxes. Yet California — whose economy is bigger than that of both countries — has comparable tax rates, when federal and state tolls are combined, and a new study suggests that they are causing some top earners to leave the state entirely [Joshua Rauh (Stanford; Google Scholar) & Ryan Shyu (Stanford), Behavioral Responses to State Income Taxation of High Earners: Evidence from California, 16 Amer. Econ. J. 34 (Feb. 2024)].

This is an issue for more than America’s 39 million Californians. Despite the long-held consensus among many analysts that state-level tax rates don’t matter much, some states seemed to have reached a point at which tax rates are driving many residents’ decisions. That raises the question of whether taxes can continue to rise without significant negative economic consequences. ...

How are residents fighting back? In part by leaving. California had a net population loss of more than 700,000 from April 2020 to July 2022. Some of that was likely pandemic-driven, but the trend has not reversed.

Bloomberg CA

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February 20, 2024 in Tax, Tax News | Permalink

GPT Gets Its First Law School B+ Grades

Andrew Blair-Stanek (Maryland; Google Scholar), Patricia Campbell (Maryland), Donald G. Gifford (Maryland), Guha Krishnamurthi (Maryland; Google Scholar), Robert V. Percival (Maryland), Jeff Sovern (Maryland; Google Scholar), Maureen Sweeney (Maryland), Donald B. Tobin (Maryland; Google Scholar) & Liza Vertinsky (Maryland; Google Scholar), GPT Gets Its First Law School B-pluses

In November 2023, OpenAI released GPT-4-turbo. We had it take our Fall 2023 law school final exams and graded it on the same curve as students. We find an improvement from GPT-4’s performance on spring 2023 finals, where the highest grade was a B. This semester GPT-4-turbo got three B+’s, in Civil Procedure, Environmental Law, and Torts; a B in Contracts; B-’s in Constitutional Law, Corporate Tax, and the Intellectual Property Law Survey course; a C+ in Immigration Law; and a D in Election Law. The mean and median improved from GPT-4’s performance the prior semester.

Chat MD

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February 20, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Call For International Tax Papers: Akron Law Review

Call for Papers

Akron Law ReviewThe Master of Taxation Program at the University of Akron College of Business will host on May 2nd the Akron Conference on International Tax and is proud to invite submissions from tax scholars to present and discuss articles and essays addressing any international tax issues, however we are especially interested in one or more of the following topics or related topics:

  • International Tax Dispute Resolution
  • International Tax Policy
  • Tax Treaties
  • International Tax of Human Capital
  • Fairness in International Taxation
  • Pillar I and Pillar II

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February 20, 2024 in Conferences, Scholarship, Tax, Tax Conferences, Tax Scholarship | Permalink

Students And Alumni Association Sue Golden Gate For Closing Its JD Program

Courthouse News Service, Golden Gate University Sued Over Cancelled JD Program:

Golden Gate Logo (2023)A group of Golden Gate University law students and the university's alumni association filed a lawsuit accusing the university and its president of unlawful business practices that have resulted in the planned discontinuation of Golden Gate's Juris Doctor program.

The students said in a complaint filed Wednesday in California Superior Court in San Francisco that Golden Gate President David Fike caused the closure of the program by taking out $60 million in loans in 2019, committing to what they said were untested online law degree programs while offering free tuitions to all incoming law students in 2022.

Fike, they claim, "knew or should have known that if the university and the law school began operating two new, untested degree programs, at the same time as making these other changes, there was no likelihood that the university would be solvent enough to pay back the loans." ...

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February 20, 2024 in Legal Ed News, Legal Education | Permalink

Monday, February 19, 2024

Kim Presents Taxing The Metaverse Today At Pepperdine

Young Ran (Christine) Kim (Cardozo; Google Scholar) presents Taxing the Metaverse, 112 Geo. L.J. ___ (2024), at Pepperdine today as part of its Faculty Workshop hosted by Deanna Newton:

Christine KimThe buzz surrounding the Metaverse has been growing steadily for the past couple of years, but the tax implications of this novel ecosystem remain fuzzy to most tax scholars. Such uncertainty is concerning, given the potential and momentum of this emerging technology. Although the Metaverse evolved from online video games focused only on user consumption, it now allows users to produce income and accumulate wealth entirely within the Metaverse. Current law seems to defer taxation of such until a realization or cash-out event. This paper challenges this approach.

This paper offers novel arguments justifying Metaverse taxation. Because economic activity within the Metaverse satisfies the Haig-Simons and Glenshaw Glass definitions of income, its exclusion will create a tax haven. Tax policy can also play an essential role in regulating the virtual economy. Furthermore, this emerging technology allows policymakers to modernize the tax system. 

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February 19, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Legal Ed News Roundup

Sarkar Presents Internal Revenue's External Borders Today At San Diego

Shayak Sarkar (UC-Davis; Google Scholar) presents Internal Revenue's External Borders, 112 Calif. L. Rev __ (2024) (reviewed by Blaine Saito (Ohio State; Google Scholar) here), at San Diego today as part of its Tax Law Speaker Series hosted by Miranda Fleischer: 

Shayak sarkarThe mandate of tax agencies seems clear: to secure revenue for the government and ensure taxpayer compliance. Yet for decades, the Internal Revenue Service (IRS) has regularly facilitated violent immigration enforcement. Scholars and the public have paid significant attention to the state and local policing of immigration law. But the role of tax bureaucrats as generals—no mere foot soldiers—has largely been overlooked.

This Article corrects that oversight. Building on emerging critiques of the tax system, I first describe tax-agency leadership in immigration raids, holding the dry mechanics of agency procedures against stark examples of IRS complicity in civil rights violations. I then raise several concerns about tax-agency involvement in immigration enforcement. After describing the tax-law origins of immigration raids’ constitutional exceptionalism, I assess residual constraints on tax-agency involvement: taxpayer privacy, regulatory suppression, and civil rights liability.

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February 19, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Colorado Settles Discrimination And Retaliation Lawsuit By Paying Senior Tenured Law Prof $60,000 Plus $100,000 Attorney's Fees

Update:  Brian Leiter, Paul Campos, University of Colorado Settle Lawsuit

Following up on my previous post, Senior Tenured Law Prof Sues University Of Colorado Alleging Pay Discrimination And Retaliation:  Inside Higher Ed, U of Colorado Settles Professor’s Retaliation Suit:

Colorado Logo (2021)The University of Colorado at Boulder has settled a discrimination and retaliation lawsuit that one of its law professors filed against it.

In June, Paul Campos sued the university and Lolita Buckner Inniss, the law school’s dean, in federal court. Campos alleged he was paid less than his white colleagues because he’s Latino, that he received a low rating from his department in 2021 for taking paternity leave and that the university retaliated against him for complaining. ...

A Boulder spokeswoman provided a settlement agreement, signed by Campos Saturday and the university Monday, in which the university denies wrongdoing. It says the university will pay $160,000. Of that, $60,000 will go to Campos and $100,000 to the law firm that represented him.

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February 19, 2024 in Legal Ed News, Legal Education | Permalink

New CBO Report Confirms Reduced Inequality And Increased Progressivity Of Federal Tax System

Following up on last month's post, The U.S. Tax System Is Getting Even More Progressive:  Tax Foundation, New CBO Report Shows Pandemic Response Sharply Reduced Inequality, Increased Progressivity in 2020:

The pandemic led to one of the largest fiscal responses in U.S. history, impacting households across the income distribution. A new report from the Congressional Budget Office (CBO) [The Distribution of Household Income in 2020] finds that these temporary policies, along with other fixtures of our tax and transfer system, reduced income inequality in 2020 by more than any other year since 1979 when the CBO began measuring household income. The analysis also shows that the federal tax system is markedly progressive, even when excluding the most recent pandemic policies, echoing our own research on this topic [America’s Progressive Tax and Transfer System: Federal, State, and Local Tax and Transfer Distributions] and other recent academic evidence [Gerald Auten & David Splinter, Income Inequality in the United States: Using Tax Data to Measure Long-Term Trends]. ...

On net, [pandemic] policies made the federal tax code more redistributive and reduced income inequality to a 14-year low. The bottom quintile saw the largest gains in income after taxes and transfers compared to 2019, rising by about 15 percent. Since 1979, the bottom quintile’s income has increased by 126 percent.

Tax Foundation Table 1

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February 19, 2024 in Congressional News, Gov't Reports, Tax, Tax Daily, Think Tank Reports | Permalink

Toledo Law Students File ABA Complaint Over 4-Week Delay In Disclosing Misgrading Of 85% Of Legal Ethics Exam Grades

Toledo Blade, UT Law School Admits Large-Scale Grade Error for Ethics Class:

Toledo LogoUniversity of Toledo College of Law students have filed a complaint with the American Bar Association after they were informed of a grading mistake that made some students believe they had failed a class they actually passed.

Approximately 80 percent of the students in the fall 2023 legal ethics class received the wrong grade, students were told in an email from the interim dean about four weeks after grades were initially posted.

The error and a long delay in correcting it, as well as the lack of transparency on what happened, have upset the students who feel the university has failed to be candid with students, some of whom had already started retaking the class.

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February 19, 2024 in Legal Ed News, Legal Education | Permalink

TaxProf Blog Weekend Roundup

Sunday, February 18, 2024

NY Times Op-Ed: Finding God Through The Divine Language Of Mathematics

New York Times Op-Ed: Math Is the Answer to More Than One Question, by Alec Wilkinson (Author, A Divine Language: Learning Algebra, Geometry, and Calculus at the Edge of Old Age) (2023):

Divine LanguageI am surprised at this late stage, in my 70s, to be thinking about God. In my defense, I might say that I did not arrive at these thoughts by reflecting on my own inevitable end or from a religion or a Scripture or the example of a holy figure. I arrived by means of mathematics, specifically simple mathematics — algebra, geometry and calculus, the kind of mathematics that adolescents do.

Several years ago, I decided that I needed to know something of mathematics, a subject that had roughed me up cruelly as a boy. I believed that not knowing mathematics had limited my ability to think and solve problems and to see the world in complex ways, and I thought that if I understood even a little of it, I would be smarter. My acquaintance with mathematics is still slight. I am only a mathematical tourist, but my experience has led me to believe that mathematics is rife with intimations of a divine presence.

This is no observation of my own. Mathematicians have been finding suggestions of divinity in mathematics at least since Pythagoras, in the sixth century B.C. For many mathematicians, there is no question that God is somehow involved. Newton, for example, believed that mathematics exemplified thoughts in the mind of God. ...

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February 18, 2024 in Book Club, Faith, Legal Education | Permalink

WaPo: Catholic Priest And Evangelical Pastor Battle For Souls In Brazil's Deepest Amazon Rainforest

Washington Post, The Judgment of São Miguel: A Catholic Priest, an Evangelical Pastor and the Battle for Souls in the Deepest Amazon:

When the rains finally receded, Father Moisés Oliveira pulled his motorboat out into the swollen Purus River and pointed it downstream. Chugging down muddy waters toward the next community on his schedule, the Catholic priest felt uncertain. He’d heard all about the problems in São Miguel.

Like so many other isolated settlements scattered throughout the Amazon rainforest, São Miguel was historically Catholic. Not that long ago, when Father Moisés would make his annual journey there, his presence was a community event — the only time when the people of São Miguel could attend Mass, have their babies baptized and make confession. The squat church could never fit all the faithful.

But that was before the arrival of an evangelical Protestant pastor in early 2020, before the opening of the community’s first evangelical church, before a fever of conversions split the community and turned it against itself. Longtime friends stopped talking. Families fractured. ...

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February 18, 2024 in Faith, Legal Education | Permalink

A Rabbi Walks Into A Christian University

Inside Higher Ed, A Rabbi Walks Into a Christian University:

Belmont UniversityBelmont University in Tennessee, which proudly describes itself as a “Christ-centered” institution, has diligently been building bridges with Nashville’s small Jewish community. In a further attempt to strengthen those ties, the university just hired a rabbi.

“We’ve had a longtime relationship with Rabbi Schiftan through our Jewish-Christian initiatives,” Greg Jones, president of Belmont, said of the new campus rabbi, Mark Schiftan. “This seemed like a really good development for our Jewish students and for the larger context of our relations with the Jewish community in Nashville.”

Schiftan, rabbi emeritus at a local Reform synagogue, was tapped for the inaugural role of the Nashville institution’s Jewish student faith adviser. ... “My goals are, first and foremost, that the Jewish students have a place that they can turn to, a person that they can turn to, that can hear their struggles and their questioning about their own faith and about being part of a wider Christian university,” Schiftan said.

Jewish students only make up 1 percent of the nearly 9,000 students at Belmont. (More than half are Protestant, 15 percent are Catholic, 1 percent are Muslim and 8 percent identify as having no faith at all.) But the university has been pouring resources into Jewish-Christian relations and making policy changes to accommodate its still sparse but growing community of Jewish students.

Notably, the university announced plans last year to break with a long-standing tradition of hiring only Christian faculty members and opened up positions in its law school, pharmacy school and new medical school to Jewish applicants. ...

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February 18, 2024 in Faith, Legal Education | Permalink

New ABA Accreditation Standard Is A Step Forward For Free Speech At Law Schools

David Lat (Bloomberg Law), New ABA Rule Is a Step Forward for Free Speech at Law Schools:

ABA (2023)When it comes to free speech and intellectual diversity, US law schools continue to face challenges. On Jan. 23, the Law School Student Senate at Columbia Law School voted to deny official recognition to Law Students Against Antisemitism, or LSAA, a student group seeking to “raise awareness and educate about both historical and contemporary antisemitism.”

Nine organizations requested official recognition from the Senate this year, and Law Students Against Antisemitism was the first to get rejected. Why? According to a letter from the Foundation for Individual Rights and Expression, or FIRE, to the Student Senate president, the rejection appeared to rest on objections to LSAA’s definition of antisemitism, which some pro-Palestine students opposed. It therefore was, in the words of professor Steven Lubet of Northwestern Law, “a blatant case of viewpoint discrimination.”

Columbia Law’s Student Senate later reversed itself and recognized LSAA. But the fact the reversal was even necessary—and didn’t happen until after the decision was widely criticized and FIRE intervened—reflects an ongoing free-speech problem in US law schools. (According to the Columbia Law School Senate Executive Board, the initial rejection of LSAA was based primarily on a problematic provision in the LSAA constitution pertaining to the removal of board members, not the constitution’s definition of antisemitism—and once this issue was addressed, LSAA was approved.)

This free-speech problem attracted notice of the American Bar Association, the leading accreditation body for law schools—and the ABA took action. On Feb. 5, the ABA House of Delegates passed a resolution adopting Standard 208, “Academic Freedom and Freedom of Expression.”

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February 18, 2024 in Faith, Legal Ed News, Legal Education | Permalink

The Top Five New Tax Papers

There 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 #3 and #5.

  1. SSRN Logo (2018)[641 Downloads]  The Myths and Truths of Extraterritorial Taxation, by Laura Snyder (President, Stop Extraterritorial American Taxation (SEAT); Board of Directors, Association of Americans Resident Overseas (AARO))
  2. [323 Downloads]  Pillar 2: QDMTT or Safe Harbour Domestic Minimum Top-Up Tax (SHDMTT)?, by Joachim Englisch (Münster)
  3. [254 Downloads]  No More Tax-Free Lunch for Billionaires: Closing the Borrowing Loophole, by Edward Fox (Michigan; Google Scholar) & Zachary Liscow (Yale; Google Scholar)
  4. [226 Downloads]  Paying for Reparations: How to Capitalize a Multi-Trillion Reparations Fund, by Jeremy Bearer-Friend (George Washington; Google Scholar)
  5. [181 Downloads]  AI and the Future of Tax Avoidance, by Benjamin Alarie (Toronto; Google Scholar)

February 18, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship, Top 5 Downloads | Permalink

Saturday, February 17, 2024

This Week's Ten Most Popular TaxProf Blog Posts

Legal Education: 

  1. Top 10 Taxprof Blog Posts - LinkedinMike Spivey, U.S. News Likely Will Change Methodology In Forthcoming Law School Rankings
  2. Yascha Mounk (Wall Street Journal), You Don’t Have To Be A Jerk To Succeed In Law And Life
  3. Reuters, White Student's Discrimination Case Against Howard Law School Survives
  4. Rod Smolla (President, Vermont), Vermont Law Professor Dies After Suffering Medical Event While Teaching Class
  5. Paul Caron (Dean, Pepperdine), Two-Thirds Through Fall 2024 Law School Admissions Season: Applicants Are Up +4.3%, With Smallest Increase In White Males
  6. Steven Calabresi (Northwestern), What Conservative Law Professors Have In Common With Donald Trump
  7. Law.com, Yale And Stanford Law Schools Move 2L Virtual Job Interviews To June 
  8. Law.com, FAMU Law Dean, Who Resigned Suddenly, Calls University's Behavior 'Abusive'
  9. Ulysses Jaen (Ave Maria) & Rebekah Miller (Ave Maria), ABA-Approved Online Law Schools Make Becoming A Lawyer Easier And More Affordable
  10. Colorado College, After Three Years As President, L. Song Richardson Will Return To UC-Irvine Law School In June 

Tax: 

  1. The Center Square, The Only Higher Ed Employee To Give $1,000 Or More To Trump's 2024 Campaign: A Tax Professor
  2. Michael Graetz (Columbia), The Power to Destroy: How The Antitax Movement Hijacked America 
  3. Tracey Roberts (Cumberland), Review Of New Articles On Moore v. United States By Avi-Yonah & Clarke
  4. Natasha Sarin (Yale), Presentation of The Coming Fiscal Cliff: A Blueprint For Tax Reform In 2025 At Northwestern 
  5. Jessica Xu (J.D. 2022, UCLA), Comment, Awarding Racial Segregation: The Low-Income Housing Tax Credit As A New Racially Restrictive Covenant
  6. Charlene Luke (Florida), Review of Calderón Gómez’s Whose Debt Is It Anyway?
  7. Karen C. Burke (Florida), How Abusive Was Tribune Media’s Disguised Sale?
  8. William G. Gale (Brookings), Presentation of Racial Aspects Of The Federal Income Tax At UCLA 
  9. Luís Calderón Gómez (Cardozo), Presentation of Taxation's Limits At Northwestern 1
  10. SSRN, The Top Five New Tax Papers

Faith: 

  1. Pepperdine, Third Annual Nootbaar Fellows Workshop And Conference: Charting The Future Of Church And State
  2. Mirror of Justice, Catholic Law Prof Blog Celebrates Its 20-Year Anniversary
  3. Allen Guelzo (Wall Street Journal Op-Ed), Abraham Lincoln’s Unchurched Faith
  4. Osvaldo Padilla (Christianity Today Op-Ed), Paul’s View On Death Changed Mine
  5. Anne Lamott (Washington Post Op-Ed), Age Makes The Miracles Easier To See

February 17, 2024 in About This Blog, Faith, Legal Education, Tax, Tax Daily, Weekly Top 10 TaxProf Blog Posts | Permalink

Former Penn President Shatters Record For Highest-Paid College President: $22,866,127

Chronicle  of Higher Education, 2021’s Top-Paid Private-College President Received a Record Payout:

The former president of the University of Pennsylvania was the highest-paid leader of a private college in 2021, according to The Chronicle’s annual analysis of executive compensation at private nonprofit institutions. It is the highest payout documented since 2008, when The Chronicle began collecting data on such compensation.

Private College President Salaries

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February 17, 2024 in Legal Ed News, Legal Education | Permalink

Avi-Yonah Posts Three Tax Papers On SSRN

Reuven S. Avi-Yonah (Michigan; Google Scholar), Pillar 2 and the United States: What’s Next, 182 Tax Notes Fed. 1269 (Jan. 29, 2024):

In this installment of Reflections With Reuven Avi-Yonah, Avi-Yonah examines what’s next for the United States and U.S. multinationals as pillar 2 becomes a reality.

Reuven S. Avi-Yonah (Michigan; Google Scholar), Could Moore Have Been Mooted?, 112 Tax Notes Int'l 1752 (Dec. 18, 2023):

In this article, Avi-Yonah argues that the government could have prevented Moore from going before the Supreme Court by issuing the Moores a refund for the contested amount before they applied for certiorari.

Reuven S. Avi-Yonah (Michigan; Google Scholar) & Ariel Siman (Michigan), Taxation and Corporate Governance:

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February 17, 2024 in Scholarship, Tax, Tax Analysts, Tax Daily, Tax Scholarship | Permalink

Friday, February 16, 2024

Weekly SSRN Tax Article Review And Roundup: Layser Reviews Taxing Nannies By Kleiman, Sarkar & Satterthwaite

This week, Michelle Layser (San Diego; Google Scholar) reviews Ariel Jurow Kleiman (Loyola), Shayak Sarkar (UC Davis) & Emily Satterthwaite (Georgetown), Taxing Nannies

Michelle-layser

Nannies play an important role in the childcare system, helping many moderate-to-high income women pursue careers in fields like business, medicine, law, and politics. Research on the tax behavior of parent-hirers of nannies has raised significant concerns about noncompliance, and it would be easy to conclude that most nannies (and the parents they work for) prefer to keep their payments “under the table.” A new study by Professors Ariel Jurow Kleiman, Shayak Sarkar, and Emily Satterthwaite suggests that the tax reporting preferences of nannies and their employers are considerably more nuanced. While many nannies do prefer to receive pay under the table, others prefer formal employee status. The authors argue that understanding these preferences—and the reasons behind them—is key to crafting effective and equitable nanny tax reforms.

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February 16, 2024 in Michelle Layser, Scholarship, Tax, Tax Daily, Tax Scholarship, Weekly SSRN Roundup, Weekly Tax Roundup | Permalink

Weekly Legal Education Roundup

Tax Policy In The Biden Administration

Next Week’s Tax Workshops

Tax Workshops (Big)Monday, February 19: Young Ran (Christine) Kim (Cardozo; Google Scholar) will present Taxing the Metaverse as part of the Pepperdine Tax Policy Workshop Series. If you would like to attend, please contact Deanna Newton

Monday, February 19: Shayak Sarkar (UC-Davis; Google Scholar) will present Internal Revenue's External Borders as part of the San Diego Tax Law Speaker Series. If you would like to attend, please contact Miranda Fleischer

Thursday, February 22: Mario Mansour (IMF) will present Building Tax Capacity in Developing Countries (with Juan Carlos Benitez (IMF; Google Scholar), Miguel Pecho (IMF) & Charles Vellutini (IMF; Google Scholar)) as part of the UCLA Colloquium on Tax Policy and Public Finance. If you would like to attend, please contact Kirk Stark and Jason Oh

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February 16, 2024 in Colloquia, Legal Education, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Kim Presents Taxing The Metaverse Today At Indiana

Young Ran (Christine) Kim (Cardozo; Google Scholar) presents Taxing the Metaverse, 112 Geo. L.J. ___ (2024), at Indiana-Maurer today as part of its Tax Policy Colloquium hosted by Leandra Lederman:

Christine KimThe buzz surrounding the Metaverse has been growing steadily for the past couple of years, but the tax implications of this novel ecosystem remain fuzzy to most tax scholars. Such uncertainty is concerning, given the potential and momentum of this emerging technology. Although the Metaverse evolved from online video games focused only on user consumption, it now allows users to produce income and accumulate wealth entirely within the Metaverse. Current law seems to defer taxation of such until a realization or cash-out event. This paper challenges this approach.

This paper offers novel arguments justifying Metaverse taxation. Because economic activity within the Metaverse satisfies the Haig-Simons and Glenshaw Glass definitions of income, its exclusion will create a tax haven. Tax policy can also play an essential role in regulating the virtual economy. Furthermore, this emerging technology allows policymakers to modernize the tax system. 

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February 16, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Bearer-Friend Presents How To Capitalize A Multi-Trillion Reparations Fund At Leiden

Jeremy Bearer-Friend (George Washington; Google Scholar) presented Paying For Reparations: How To Capitalize A Multi-Trillion Reparations Fund, 67 How. L.J. __ (2024) (reviewed by Blaine Saito (Ohio State; Google Scholar) here) at Leiden University yesterday: 

Bearer-Friend (2021)This Article proposes a novel approach to capitalizing a reparations fund worth trillions of dollars. Under the proposal, publicly-traded firms on U.S. exchanges would be required to remit shares of corporate equity to a reparations trust fund in lieu of cash tax payments. Under the terms of this proposal, our federal government could successfully capitalize a multi-trillion reparations fund in less than a year.

The primary contribution of this Article is to offer a unique financing structure for reparations—a national effort expected by all estimates to require trillions of dollars. The Article describes the features of the in-kind tax proposal, the myriad design choices that would be necessary to ensure effective implementation, and its analogs in the private sector for capitalizing a fund. The Article also evaluates the limitations of an in-kind tax proposal, ultimately concluding that in-kind remittance remains preferable to other tax policy options.

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February 16, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Thursday, February 15, 2024

Gale Presents Racial Aspects Of The Federal Income Tax Today At UCLA

William G. Gale (Brookings; Google Scholar) presents Racial Aspects of the Federal Income Tax (with Oliver Hall (Brookings) & John Sabelhaus (Brookings; Michigan; Google Scholar)) at UCLA today as part of its Colloquium on Tax Policy and Public Finance hosted by Kirk Stark and Jason Oh:

William galeAlthough it does not explicitly discriminate on the basis of race, the federal income tax can still generate racially disparate outcomes, because factors that affect tax liability may be correlated with race. In this paper, we explore how the federal income tax differentially affects Black and white tax units. We use data from eight waves of the Survey of Consumer Finances, a public-use triennial household survey that contains information on race, demographics, income, and wealth. We split the household data into tax units and apply the result to the National Bureau of Economic Research’s TAXSIM model to calculate tax liabilities. To measure household resources consistently over time and robustly with respect to tax law changes, and to analyze the racial implications of tax preferences, we develop a new income concept, “expanded income” (EI), which creates a very broad measure of household income by adding untaxed cash and non-cash income components to adjusted gross income (AGI). We obtain several results: White tax filing units have higher average income and thus face higher average tax rates. But even after controlling for income, white units are more likely to file as married, less likely to file as head of household, and have a greater share of their income in the form of capital income, which is often tax-preferred.

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February 15, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

ABA-Approved Online Law Schools Make Becoming A Lawyer Easier And More Affordable

Ulysses Jaen (Ave Maria; Google Scholar) & Rebekah Miller (Ave Maria), The Future of Legal Education: Game-Changing ABA-Approved Online Law Schools Make Becoming a Lawyer Easier and More Affordable, 20 Ave Maria L. Rev. 66 (2022): 

As the ABA allows law schools to implement a distance education program for legal education, opportunities for potential lawyers will grow due to numerous factors, including lower costs and more versatility of when and how they complete their education. This group of future lawyers will be better able to serve their local communities because they can remain at home rather than moving away for three years to go to law school, which allows them to remain more active in their community and in touch with the legal needs of their neighbors and city.

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February 15, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Schmalbeck Presents Form Over Substance In Wealth Taxation Today At Duke

Richard L. Schmalbeck (Duke) presents Substance Over Form In Transfer Tax Adjudication, 55 Loy. L.A. L. Rev. 609 (2022) (with Jay Soled (Rutgers; Google Scholar)), at Duke today as part of its Tax Policy Seminar hosted by Larry Zelenak:

Richard schmalbeckThe elevated exemption level under the federal transfer tax system (now in excess of $24 million for a married couple) has opened up new and abusive tax-avoidance opportunities. In many areas of the tax law, the substance over form doctrine historically has been effective in controlling such abuses; however, for a myriad of reasons, transfer tax jurisprudence has been marred by the reluctance of courts to embrace this doctrine. In this analysis, we urge reconsideration of that posture.

Conclusion
For over a century, the nation has relied upon its transfer tax regime as a source of revenue and mitigation of wealth concentrations. However, its ability to fulfill its historic missions has been hampered by the fact that the judiciary has been reluctant to apply the substance over form doctrine to challenge a wide range of transfer taxmitigation schemes. The consequences of the judiciary’s inaction have been severe: utilization of these techniques significantly narrows the transfer tax base, enabling billions of dollars of wealth to pass free of transfer tax and allowing wealth concentrations to abound.

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February 15, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Impact Of Department Of Education's Delayed Processing Of FAFSA Forms On Law Schools And Applicants

LSAC, FAFSA Delay Update:

Department of Education LogoThe Department of Education has announced a delay in processing the Free Application for Federal Student Aid. It plans to send schools FAFSA data for individual students beginning in mid-March. This extraordinary delay is approximately five months behind a typical year’s schedule, so it will impact both students and schools.

What This Means for Law Schools

  • Schools require the FAFSA to determine your eligibility for federal student financial aid. This includes Federal Direct Loans and Federal Grad PLUS Loans.
  • This nationwide challenge is affecting all undergraduate and graduate programs, so the financial aid offices will be balancing their efforts across student populations, including law.
  • School computer systems require updates and testing before they are ready to issue financial aid offers. Once the first batches of FAFSA data are received, it will likely be several weeks before the first financial aid offers are provided to students.

What This Means for Law School Applicants

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February 15, 2024 in Legal Ed News, Legal Education | Permalink

2023 IFA International Tax Student Writing Award; Call For Entrants In 2024 Competition

The winner of the International Fiscal Association's 2023 International Tax Student Writing Competition is: 

International fiscal associationTakato Masuda (NYU), The Controversy over the Tax Treaty Compatibility of the UTPR

Faculty Sponsor: Mitchell Kane

Some commentators have argued that the UTPR would conflict with existing tax treaties. This argument now appears in the U.S. political context as well. In reality, however, a critical mass of jurisdictions other than the U.S. is firmly preparing to implement the UTPR. Apparently, criticism against UTPR was not widely accepted in the end. How could this happen? This paper examines the critical arguments against the UTPR.

In Chapter II, this paper examines the tax treaty provisions that potentially conflict with the UTPR in the following order: the business profit provision and saving clause, the PE attributable profit provision (arm’s length principle), the ownership non-discrimination clause, and the PE non-discrimination clause. The section that follows presents issues regarding applicable treaties. The last section of that chapter introduces findings from prior research that the UTPR is not a covered tax under the treaty. Chapter III discusses Japanese case law regarding the business profit provision to reinforce the arguments made in the preceding chapter. Chapter IV is the conclusion.

2024 IFA International Tax Student Writing Competition

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February 15, 2024 in Legal Education, Scholarship, Tax, Tax Daily, Tax Scholarship, Teaching | Permalink

George, Gulati & Yoon: The Gender Makeup Of Newsworthy Deal Teams

Tracey E. George (Vanderbilt; Google Scholar), Mitu Gulati (Virginia; Google Scholar) & Albert Yoon (Toronto; Google Scholar), The Power Five: The Making of Newsworthy Deal Teams

The number of law firm partners who identify as women has more than doubled since 1993. Will these gender parity advances regress as employers curb diversity efforts? To answer that question, we look at the organizational dynamics that affect women’s opportunities and outcomes through the lens of newsworthy deal teams. These teams, averaging five lawyers, are at the power center of law firms. Our analysis of over 10,000 deals and more than 50,000 attorneys for the period 2013-2023 reveal evidence that women’s gains may be sustainable without continued DEI interventions.

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February 15, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Wednesday, February 14, 2024

Sarin Presents The Coming Fiscal Cliff: A Blueprint For Tax Reform In 2025 Today At Northwestern

Natasha Sarin (Yale; Google Scholar) presents The Coming Fiscal Cliff: A Blueprint for Tax Reform in 2025 (with Kimberly Clausing (UCLA; Google Scholar)) at Northwestern today as part of its Advanced Topics in Taxation Colloquium hosted by Ari Glogower:

Natasha-sarinAt the end of 2025, almost all of the individual, estate, and pass-through provisions of the Tax Cuts and Jobs Act (TCJA) will expire. This looming expiration creates an important opportunity to improve tax policy along multiple dimensions at the same time that TCJA provisions are evaluated for possible extension. In this paper, we suggest four key principles to guide tax policy choices in 2025: first, reforms should raise revenue on net, improving fiscal sustainability; second, reforms should respond to persistent inequalities by increasing the progressivity of the tax code; third, reforms should work to reduce tax-based inefficiencies in the code, and finally, reforms should address global collective action problems such as climate change and tax competition. Using these principles as a guide, we then evaluate possible TCJA extensions and consider a menu of revenue-raising reforms that together have the potential to raise about $3.5 trillion over the coming decade, while improving the progressivity and efficiency of the tax system.

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February 14, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Generative AI Already Is Making An Impact On Legal Research And Writing

ABA Journal, Generative AI Already Is Making an Impact on Legal Research and Writing:

Open AI ChatGPTLawyers who expect generative artificial intelligence to significantly impact the practice of law see some of the greatest potential in legal research and writing.

In August, a LexisNexis Legal & Professional study of nearly 8,000 lawyers, law students and consumers in the United States and three other countries found 65% of these professionals believe generative AI tools could assist them in researching matters. Meanwhile, 56% believe the tools could help them draft documents.

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February 14, 2024 in Legal Ed News, Legal Ed Tech, Legal Education | Permalink

Clausing Presents Capital Taxation And Market Power Today At UC-Irvine

Kimberly Clausing (UCLA; Google Scholar) presents Capital Taxation and Market Power at UC-Irvine today as part of its Tax Policy Colloquium hosted by Natascha Fastabend:

Kim-clausingIn recent decades, market power has increased substantially, according to multiple measures that describe industry concentration, mark-ups, and business profitability. While market power can generate benefits, it also raises vexing policy concerns, including the potential for adverse effects on labor markets, income inequality, and the dynamism of market competition. The concept of market power also has implications for how we conceptualize capital income, making it important to distinguish between normal and above-normal returns to capital. The tax system taxes both types of returns to capital, but often imperfectly and incompletely. 

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February 14, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Spivey: U.S. News Likely Will Change Methodology In Forthcoming Law School Rankings

Mike Spivey is "pretty sure" U.S. News will change the methodology of the forthcoming law school rankings because they are easy to predict due to the use of publicly available ABA data for 75% of the rankings and the very sticky peer and lawyer/judge reputation surveys for the remaining 25%. Indeed, the projections by Mike and Derek Muller (Notre Dame) are remarkably similar. Here the Top 100 law schools:

2023-24 Rank School Muller Projected 2024-25 Rank Spivey Projected 2024-25 Rank Average Projected 2024-25 Rank Difference
1 Stanford 1 1 1 0
1 Yale 2 2 2 -1
3 Chicago 3 3 3 0
4 Penn 6 4 5 -1
5 Duke 6 7 6.5 -1.5
5 Harvard 4 4 4 1
5 NYU 11 10 10.5 -5.5
8 Columbia 9 8 8.5 -0.5
8 Virginia 4 4 4 4
10 Michigan 6 8 7 3
10 Northwestern 9 10 9.5 0.5
10 UC-Berkeley 11 10 10.5 -0.5
13 Cornell 18 16 17 -4
14 UCLA 13 13 13 1
15 Georgetown 14 14 14 1
16 Minnesota 19 18 18.5 -2.5
16 Texas 16 16 16 0
16 USC 22 22 22 -6
16 Vanderbilt 19 20 19.5 -3.5
20 Georgia 22 22 22 -2
20 Washington Univ. 14 14 14 6
22 BYU 39 38 38.5 -16.5
22 Florida 27 28 27.5 -5.5
22 North Carolina 16 18 17 5
22 Ohio State 32 34 33 -11
22 Wake Forest 24 25 24.5 -2.5
27 Boston University 24 22 23 4
27 Notre Dame 19 20 19.5 7.5
29 Boston College 28 28 28 1
29 Fordham 36 38 37 -8
29 Texas A&M 24 28 26 3
32 Arizona State 39 43 41 -9
32 George Mason 34 34 34 -2
32 Utah 28 25 26.5 5.5
35 Alabama 28 28 28 7
35 Emory 48 48 48 -13
35 George Washington 44 43 43.5 -8.5
35 Iowa 34 32 33 2
35 UC-Irvine 44 46 45 -10
40 Kansas 55 53 54 -14
40 Washington & Lee 32 34 33 7
40 Wisconsin 48 25 36.5 3.5
43 Illinois 46 34 40 3
43 Villanova 53 51 52 -9
45 Indiana-Maurer 36 38 37 8
45 Pepperdine 55 57 56 -11
45 SMU 39 41 40 5
45 William & Mary 28 32 30 15
49 Baylor 39 43 41 8
49 Univ. of Washington 48 48 48 1
51 Maryland 68 67 67.5 -16.5
51 Oklahoma 60 67 63.5 -12.5
51 Tennessee 48 53 50.5 0.5

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February 14, 2024 in Law School Rankings, Legal Ed Rankings, Legal Education | Permalink

Burke: How Abusive Was Tribune Media’s Disguised Sale?

Karen C. Burke (Florida), How Abusive Was Tribune Media’s Disguised Sale?, 182 Tax Notes Fed. 855 (Jan. 29, 2024):

In 2009 Tribune Media Co. deliberately structured the disposition of its controlling interest in the Chicago Cubs (the Cubs transaction) to fit within the debt-financed exception to the partnership disguised sale rules. The linchpin of the Cubs transaction was Tribune’s guarantee of the partnership’s senior debt. Had Tribune disposed of the Cubs assets in an outright sale, it would have recognized significant gain. In 2016 the government assessed a deficiency, claiming that Tribune’s guarantee should be disregarded because the likelihood of payment was too remote. In 2021 the Tax Court held that Tribune had entered into a bona fide guarantee and “the fact that having to fulfill the guarantee is remote is not sufficient to disregard it.”

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February 14, 2024 in Scholarship, Tax, Tax Analysts, Tax Daily, Tax Scholarship | Permalink