Paul L. Caron

Thursday, July 7, 2022

Oklahoma Seeks To Hire An Entry Level Or Lateral Tax Prof

University of Oklahoma, Associate/Full Professor of Law:

Oklahoma (2022)The University of Oklahoma College of Law seeks outstanding applicants, entry-level or lateral, for up to three full-time tenure-track positions beginning fall 2023. We welcome candidates in all subject areas, with particular interest in filling curricular needs in tax, patents, wills & trusts, evidence, civil procedure, antitrust, and alternative dispute resolution (ADR).

Continue reading

July 7, 2022 in Legal Education, Tax, Tax Prof Jobs | Permalink

A Comment On Sander & Steinbuch's 'Mismatch And Bar Passage: A School-Specific Analysis'

Sherod Thaxton (UCLA; Google Scholar), A Comment on Sander and Steinbuch's “Mismatch and Bar Passage: A School-Specific Analysis”:

Richard Sander and Robert Steinbuch’s, “Mismatch and Bar Passage: A School-Specific Analysis,” offers a statistical analysis of the “law school mismatch hypothesis” in an effort to explain racial differences in the likelihood of passing the bar examination. Sander and Steinbuch claim their analysis is an improvement on prior studies of mismatch—which relied on data from the Law School Admission Council’s (LSAC) Bar Passage Study (BPS)—because their data are (a) more recent (the BPS is nearly 25 years old) and (b) permit the construction of a school-specific measure of mismatch than was not possible with the BPS.

Table 2

Continue reading

July 7, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Blue J: Reserve Mechanical Microcaptive Insurance Arrangement Denied On Appeal

Benjamin Alarie (Osler Chair in Business Law, University of Toronto; CEO, Blue J Legal) & Bettina Xue Griffin (Senior Legal Research Associate, Blue J Legal), Reserve Mechanical: Microcaptive Insurance Arrangement Denied on Appeal, 175 Fed Tax Notes 2037 (June 27, 2022):

Tax Notes Federal (2020)In this article, Alarie and Griffin explore the relative merits and prospective strengths of three of the grounds of appeal advanced by the taxpayer in Reserve Mechanical.

In our monthly Blue J Predicts column, we use tax research software to analyze pending or recently decided federal income tax cases. This month we analyze the judgment of the Tenth Circuit in Reserve Mechanical [T.C. Memo. 2018-86], which addressed whether a microcaptive insurance arrangement constituted insurance so that the premiums received were exempt from taxation under section 501(c)(15). 

Several months ago, we examined the Tax Court’s decision in Reserve Mechanical and predicted with 77 percent confidence that the taxpayer’s appeal would be dismissed and the Tax Court’s decision affirmed [Captive Insurance Appeal in Reserve Mechanical Will Likely Fail, 172 Tax Notes Fed. 1431 (Aug. 30, 2021)] That prediction was correct [Reserve Mechanical Corp. v. CommissionerNo. 18-9011 (10th Cir. May 13, 2022)].

Continue reading

July 7, 2022 in Tax, Tax Analysts, Tax Scholarship | Permalink

Looking Back: A Case Study Of Career Interest And Experiential Learning In Law School

David I.C. Thomson (Denver; Google Scholar) & Stephen Daniels (American Bar Foundation; Google Scholar), Looking Back: A Case Study of Career Interest and Experiential Learning in Law School, 56 Willamette L. Rev. 283 (2020):

As outsiders to the world of business law teaching, we started with an idea animating the Willamette symposium—career relevance. That idea says career interest matters when it comes to experiential learning-especially so for those with a career interest in business law. The idea being that these students are under-served or ill-served when it comes to experiential learning-a kind of business student reverse exceptionalism. Using data from our surveys of Denver Law students we set out to explore the career relevance idea by looking at students' preferred style of learning and their views on experiential learning, with attention to those envisioning a career in business law. In doing so, we wanted to see what our case study could add to the discussion of experiential learning with regard to those interested in business law. Our starting point was a null hypothesis of no career relevance and we end with a split decision on that simple hypothesis.

Continue reading

July 7, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Wednesday, July 6, 2022

Joint Tax Committee: Overview Of The Federal Tax System

The Joint Committee on Taxation has released Overview Of The Federal Tax System As In Effect For 2022 (JCX-14-22):

This document ... provides a summary of the present-law Federal tax system as in effect for 2022. The current Federal tax system has four main elements: (1) an income tax on individuals, estates, trusts, and corporations (which consists of both a “regular” income tax and, in the case of individuals, an alternative minimum tax); (2) payroll taxes on wages (and corresponding taxes on self-employment income) to finance certain social insurance programs; (3) estate, gift, and generation-skipping transfer taxes; and (4) excise taxes on selected goods and services. This document provides a broad overview of each of these elements.


Continue reading

July 6, 2022 in Congressional News, Tax | Permalink

Feminist Legal History And Legal Pedagogy

Paula A. Monopoli (Maryland), Feminist Legal History and Legal Pedagogy, 108 Va. L. Rev. Online 91 (2022): 

Virginia Law ReviewWomen are mere trace elements in the traditional law school curriculum. They exist only on the margins of the canonical cases. Built on masculine norms, traditional modes of legal pedagogy involve appellate cases that overwhelmingly involve men as judges and advocates. The resulting silence signals that women are not makers of law—especially constitutional law. Teaching students critical modes of analysis like feminist legal theory and critical race feminism matters. But unmoored from feminist legal history, such critical theory is incomplete and far less persuasive. This Essay focuses on feminist legal history as foundational if students are to understand the implications of feminist legal theory. It offers several examples to illustrate how centering women and correcting their erasure from our constitutional memory is essential to educating future judges and advocates.

Continue reading

July 6, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Seattle Seeks To Hire An Entry Level Or Lateral Tax Prof

Seattle University, Assistant/Associate/Professor of Law:

Seattle U (2018)Seattle University School of Law seeks applicants for up to five tenure-track or tenured positions to begin July 1, 2023. We expect to make the majority of these hires at the assistant professor level but encourage applications from qualified candidates at all levels of experience. Our search will focus on candidates with expertise in constitutional law, torts, taxation, legal writing, and clinical teaching. Other areas of teaching interest include environmental law, alternative dispute resolution, trial advocacy, bankruptcy, commercial law, intellectual property, remedies, and health law. SU Law has a unitary tenure track; we prioritize excellent and inclusive teaching and maintain a flourishing and supportive scholarly culture that encourages faculty members across the curriculum to pursue their individual research interests.

Continue reading

July 6, 2022 in Legal Education, Tax, Tax Prof Jobs | Permalink

An Empirical Analysis Of Racial Bias In The UBE: A Law School’s First-Time Bar Pass Rate Decreases As Its Percentage Of Students Of Color Increases

Scott Devito (Ave Maria; Google Scholar), Kelsey Hample (Furman; Google Scholar) & Erin Lain (Drake; Google Scholar), Examining the Bar Exam: An Empirical Analysis of Racial Bias in the Uniform Bar Examination, 55 U. Mich. J.L. Reform ___ (2022):

The legal profession is one of the least diverse in the United States. Given continuing issues of racism in our society, the central position the justice system occupies in our society, and the vital role lawyers play in that system, it is incumbent upon those in the profession to identify and remedy the causes of this lack of diversity. This Article seeks to understand how the bar examination, the final hurdle to entry into the profession, contributes to this lack of diversity. Using publicly available data, we analyze whether the ethnic makeup of a law school’s entering class correlates to the school’s first-time bar pass rates on the Uniform Bar Examination (UBE). We find that the higher the proportion of Black and Hispanic students in a law school’s entering class, the lower the first-time bar passage rate for that school, in its UBE jurisdictions, three years later.

Figure 1

Continue reading

July 6, 2022 in Legal Ed Scholarship, Legal Education | Permalink

Marian: The Taxation Of Block Rewards

Omri Marian (UC-Irvine; Google Scholar), Law, Policy, and the Taxation of Block Rewards, 175 Tax Notes Fed. 1493 (June 6, 2022):

Tax Notes Federal (2022)This report addresses the taxation of block rewards — the rewards offered to validators of blockchain transactions in exchange for maintaining the public blockchain ledger. The main question the report seeks to answer is whether newly minted cryptocurrencies (a component of block rewards) are taxable upon receipt. Some commentators have suggested that there is legal ambiguity about whether block rewards are taxable upon receipt because of the novelty of the blockchain technology. There is no such ambiguity. Block rewards are clearly taxable upon receipt under current law.

Continue reading

July 6, 2022 in Scholarship, Tax, Tax Analysts, Tax Scholarship | Permalink

Pichhadze: Rethinking Tax Pedagogy At Oxford

The Oxford Blue Op-Ed:  Rethinking Tax Pedagogy at Oxford, by Amir Pichhadze (Oxford; Google Scholar):

OxfordHere at Oxford, there are gaps in the university’s approach to tax pedagogy. Clearly, the university attempts to provide students with opportunities for comprehensive tax education, both at the undergraduate and postgraduate levels. This is evident from the wide array of taxation courses offered at the university’s Faculty of Law and the Saïd Business School. Yet, as I recently pointed out in my presentation at the STORIES conference (STudents’ Ongoing Research In Educational Studies), which was hosted by Oxford’s Department of Education, thus far the University has not been providing students with opportunities for experiential tax education. In my presentation, I called on the University of Oxford to rethink its approach to pedagogy by providing students with opportunities for experiential learning of taxation, such as the establishment of a university-based Tax Clinic as well as Tax Mooting. I explained that experiential learning of taxation could benefit students by providing them with valuable, feasible, and necessary additional opportunities for developing industry specific skills as well as transferable employability skills, while also giving them the opportunity to gain work experience. It could also benefit other stakeholders such as the university itself as well as members of the public.

Continue reading

July 6, 2022 in Legal Education, Tax, Teaching | Permalink

Tuesday, July 5, 2022

Marian: Taxing Data

Omri Marian (UC-Irvine; Google Scholar), Taxing Data, 47 BYU L. Rev. 511 (2022): 

BYU Law Review (2022)The Article offers a new theory of tax on data collection and transmission as a primary source of government revenue. This tax does not depend on the monetary value of data. This "data tax" can supplement, and in some instances replace, income taxes. The data tax can (1) mitigate some of the failures of income taxes in a globalized data based economy, and (2) serve to alleviate some of the externalities of a data based economy.

The Article advances the following four arguments. First, current challenges to tax systems stem largely from the fact that traditional models of taxation were designed for an economy in which the location of labor, the ownership of capital, and the monetary value of income were identifiable. These assumptions no longer stand in the modern economic environment: the data economy. Today, one the most significant sources of value creation is the analysis, manipulation, and utilization of large quantities of dispersed data. In so called "data-rich markets," source, ownership, and value are not only hard to identify — they are not always economically meaningful concepts. 

Continue reading

July 5, 2022 in Scholarship, Tax, Tax Scholarship | Permalink

Legal Ed News Roundup

Illinois Seeks To Hire An Entry Level Or Lateral Tax Prof

Illinois Human Resources, Job Details:

Illinois (2022)The University of Illinois College of Law invites applications for positions on the tenured/tenure-track faculty to begin in August 2023. The College has particular interests in hiring in the areas of constitutional and tax law but welcomes applications from scholars in all subject areas of the law.

The University of Illinois offers a distinguished and collegial law school community in the setting of a premier research university, affording opportunities for cutting-edge legal scholarship and innovative interdisciplinary work. Champaign-Urbana is a vibrant college town with an exceptional quality of life. ...

Continue reading

July 5, 2022 in Legal Education, Tax, Tax Prof Jobs | Permalink

Killing The LSAT In The Name Of Diversity Won’t Cure The Problem

Following up on my previous posts (links below):  Vivia Chen (Bloomberg Law), Killing the LSAT in the Name of Diversity Won’t Cure the Problem:

ABA Legal Ed (2021)You have to wonder if the cure is worse than the disease.

This spring, the American Bar Association made an eye-popping proposal. In April, its strategic review committee, which accredits law schools, issued a memo directing “the elimination of the requirement that law schools use a valid and reliable admission test though law schools of course remain free to require a test if they wish.”

Oh, the proverbial slippery slope. In 2021, after years of resistance, the ABA finally gave the green light for law schools to substitute the LSAT with the GRE. And now it’s axing all testing requirements for law school admission.

Has the ABA gone wild? And for what purpose?

Although not explicitly stated, the proposal is aimed at fixing the dearth of diversity in the profession. ...

[W]hat concerns me about eliminating the LSAT is that it suggests that minority students might lack the chops for entry into the profession. Though anti-testers will likely argue that the LSAT and other standardized tests are freighted with social/economic baggage—and that’s undoubtedly true—isn’t it also possible to read it as throwing in the towel that students of color can master the art of the test?

Continue reading

July 5, 2022 in Legal Ed News, Legal Education | Permalink

Lesson From The Tax Court: No §163 Deduction From Foreclosure Proceeds

Camp (2021)It’s not just Death and Taxes that are certainties in life.  Having lived through the economic downturns in 1973, 1981, 2001, and 2008, I now believe we can add Recessions to the list.  And another one seems to be coming.  So this may be a good time to pay attention to Ronald W. Howland, Jr. and Marilee R. Howland v. Commissioner, T.C. Memo. 2022-60 (June 13, 2022) (Judge Weiler), where we learn some of the obstacles taxpayers face in taking a §163 interest deduction when foreclosure proceeds only partially pay off a loan balance that includes principal and accrued interest.

In Howland, the Court did not permit any §163 deduction.  This week and next I'm going to try something new and compare the Tax Court case with a recent Circuit Court case.  I think the comparison is instructive.  This week, we compare Howland to the recent 9th Circuit opinion in Milkovich v. U.S. 24 F.4th 1 (9th Cir. 2022), where the 9th Circuit did permit a §163 deduction from foreclosure proceeds.  Both Howland and Milkovich arose from the Great Recession.  Looking at the similarities and difference of the two cases gives us the lesson, which is in part a cautionary tale on how at least some of the obstacles to deduction may be self-created.

Details below the fold

Continue reading

July 5, 2022 in Bryan Camp, New Cases, Scholarship, Tax, Tax Scholarship | Permalink | Comments (2)

NALP: 82% Of Attorneys Are Satisfied With Their Legal Careers Three Years After Graduating From Law School

The NALP Foundation and NALP Release Joint Study of U.S. Law School Alumni Employment and Satisfaction for the Class of 2018:

NALP 2018The NALP Foundation and NALP today released their ninth joint study, Law School Alumni Employment and Satisfaction, for the Class of 2018. The new data shows intriguing shifts within graduates three years after graduation, including: 

  • Mobility: Overall alumni professional mobility remained consistent with 2017 levels, with over two thirds of alumni reporting having already held two or more sequential positions since graduating; however, alumni of color reported both changing positions and intending to do so at higher rates than their majority peers.
  • Educational Debt: Alumni reported high levels of outstanding total educational debt, with the vast majority of this debt – 83% – attributable to law school alone. Overall educational debt levels for alumni of color at $123,336 were significantly higher than for their white peers ($85,397).
  • Work Location and Satisfaction: In a reversal from last year’s results for the Class of 2017, graduates working solely from home reported lower overall job satisfaction than those working either full-time in the office or in a hybrid schedule.
  • Law School Engagement: Alumni articulated distinct preferences about postgraduate engagement with their law schools, ranking networking events and mentoring programs as their top choices, while service in alumni associations and financial donations were of least interest. 
  • Mental Health: Female alumni reported that the pandemic and economic crisis impacted their mental health at much higher rates than did their male counterparts – 46% vs. 31%.

Continue reading

July 5, 2022 in Legal Ed News, Legal Education | Permalink

TaxProf Blog Holiday Weekend Roundup

Monday, July 4, 2022

A 4th Of July Reminder: 'This Land Was Made For You And Me'

This land is your land, this land is my land
From California to the New York island,
From the redwood forest to the Gulf Stream waters;
This land was made for you and me.

As I was walking that ribbon of highway
I saw above me that endless skyway;
I saw below me that golden valley;
This land was made for you and me.

I've roamed and rambled and I followed my footsteps
To the sparkling sands of her diamond deserts;
And all around me a voice was sounding;
This land was made for you and me.

Continue reading

July 4, 2022 in Legal Education | Permalink

Horwitz: Should Undergraduate Degrees In Law Lead To Shortening Law School To Two Years By Separating Academic Study Of Law From Practical Training To Be Lawyers?

Paul Horwitz (Alabama), An Important Step ... Sideways ... in Legal Education:

Again via Paul Caron, I note this post about USC becoming the sixth law school to offer an undergraduate degree in law. The Reuters story that Caron links to asserts that this is a trend that is "catching on" in American universities, which are "seek[ing] new ways to give students a head start on legal careers and help them better understand the role of law in society." (The Reuters story identifies three law schools doing so, but Caron points to other sources that add another three to the list.) The story offers the expected quotes about the general value of learning the law. One passage notes the value of such degrees in allowing graduates to pursue "law-adjacent careers in compliance and human resources." This is of some interest, since it connects the undergraduate degree "trend," if trend it is, to the unquestionable American law-school trend of offering one- or two-year degrees or certificates in "compliance."

Without questioning the value of such programs or the sincerity of those advocating them, one is of course entitled to ask the standard "cui bono" question. ...

But it seems to me that the rise—if six schools can be considered a rise, and if more schools take this step—in undergraduate law school programs raises the obvious next question, one that was asked occasionally during the initial period of writing about the state of law schools: Why not go whole hog? Offering undergraduate programs in law, while maintaining the general structure of American legal education, strikes me as a step sideways.

Continue reading

July 4, 2022 in Legal Ed News, Legal Education | Permalink

NY Times: The IRS Is The Gatekeeper For Charities, But Approves 99.96% Of All Applications; Form 1023EZ = EZ Fraud

Form 1023-EZ

New York Times, 76 Fake Charities Shared a Mailbox. The I.R.S. Kept Approving More.:

The tax agency is the gatekeeper for America’s charity system, but reduced vetting has opened the door to scams.

The “American Cancer Society of Michigan,” state authorities say, was a fake charity. And not even a good fake.

It was not in Michigan, for one thing. When the group applied to the Internal Revenue Service to become a tax-exempt nonprofit in 2020, it listed its address as a rented mailbox on Staten Island. It was not the American Cancer Society, either: In fact, the real American Cancer Society had already warned the I.R.S. that the leader of the sound-alike group, Ian Hosang, was running a fraud.

The I.R.S. approved the group anyway. Soon after, it also approved another operation run by Mr. Hosang: “the United Way of Ohio,” which was also registered to the Staten Island address.

Mr. Hosang, 63, is now accused by prosecutors in New York of operating a long-running charity fraud that has astounded nonprofit regulators and watchdogs — and raised concerns about the I.R.S.’s ability to serve as gatekeeper for the American charity system.

Continue reading

July 4, 2022 in IRS News, Tax | Permalink

NALP: Entry-Level Public Service Attorney Salaries Soar In Four Years By 20% (Civil Legal Services) And 25% (Public Interest Organizations), But Stagnate For Public Defenders (2.4%)

NALP, New Public Service Attorney Salary Figures Show Growth Since 2018, But Remain Considerably Below Private Sector Salaries:

According to new research from NALP, salaries for public service attorneys have risen since 2018, particularly for attorneys working in civil legal services and public interest organizations. The results from the NALP/PSJD 2022 Public Service Attorney Salary Survey show that the median entry-level salaries for civil legal services and public interest organizations increased by $9,500 and $12,700, respectively, since the last survey was conducted in 2018. As shown in Table 1 below, that compares to increases of about $1,000 per year over the 2004-2018 period, although that growth was sometimes stagnant in the period from 2008-2014, depending on the kind of organization. Increases in median public defender salaries were more modest, with entry-level salaries only growing by $1,400 since 2018. However, the most experienced public defenders with 11 or more years of experience still earn the highest salaries across the 3 organization types.  ...

NALP Table 1

Continue reading

July 4, 2022 in Legal Ed News, Legal Education | Permalink

Sunday, July 3, 2022

How Religious Colleges View The Dobbs Abortion Decision: Celebration (Liberty), Neutrality (Notre Dame), Condemnation (Emory)

Inside Higher Ed, How Religious Colleges View the Dobbs Decision:

Inside Higher EdThe U.S. Supreme Court on Friday issued a 6-to-3 ruling in Dobbs v. Jackson Women’s Health Organization to reverse the long-standing federally protected right to obtain an abortion. ... [A]mong religious colleges, the response has not been uniform. While conservative institutions are celebrating, more moderate or liberal religious colleges have issued neutral statements, and some have even condemned the ruling.

The Victory Lap
Liberty University, the evangelical university in Virginia founded by televangelist Jerry Falwell in 1971—shortly before Roe v. Wade was decided in 1973—is among the religious universities noting their long-standing opposition to abortion.

“Today, on behalf of Liberty University, I want to express our gratitude to Almighty God for the landmark decision in Dobbs v. Jackson Women’s Health Organization handed down by the Supreme Court of the United States. While this does not effectively end abortion in America, it is a monumental step in the direction of protecting life and placing that decision squarely in the hands of the American people,” Liberty University president Jerry Prevo said in a statement released Friday. “For nearly 50 years, Liberty University students, faculty, and staff have prayed, volunteered, and advocated for the life of mothers and their unborn babies. The Liberty student body has led the way and marched year after year, prayed on the steps of the Supreme Court, and committed their lives to pro-life causes. As Liberty University president, I am proud that we are now officially training the first Post Roe-v-Wade generation of leaders who will be Champions for Christ to continue to advocate for the life of mothers and their unborn babies.” ...

The Catholic University of America likewise celebrated the ruling [President John Garvey, On Dobbs: Let's Build a Civilization of Love]. ...

Treading Lightly
Other religious institutions were less direct. The Reverend John Jenkins, president of the University of Notre Dame, offered a seemingly neutral statement.

Continue reading

July 3, 2022 in Faith, Legal Education | Permalink

NY Times Op-Ed: How Churches Can Do Better At Responding To Sexual Abuse

New York Times Op-Ed:  How Churches Can Do Better at Responding to Sexual Abuse, by Tish Harrison Warren (Priest, Anglican Church; Author, Prayer in the Night: For Those Who Work or Watch or Weep (2021) (Christianity Today's 2022 Book of the Year)):

Warren 3HIn May, a third-party investigation into the Southern Baptist Convention, the largest Protestant denomination in the United States, concluded that some former members of its top leadership committee, along with outside counsel, “closely guarded information about abuse allegations and lawsuits” and “were singularly focused on avoiding liability.”

As a result, the report said, “survivors and others who reported abuse were ignored, disbelieved, or met with the constant refrain that the SBC could take no action” because of its organizational structure “even if it meant that convicted molesters continued in ministry.” The report also showed that hundreds of people associated with the denomination had been accused of abuse, and that a list containing their names had long been kept secret.

Rachael Denhollander is a lawyer and a former gymnast who was the first woman to publicly accuse Larry Nassar, the former doctor for U.S.A. Gymnastics, of sexual abuse. In addition, she has worked with survivors and Southern Baptist leaders over the past several years to urge action and accountability, to call for a third-party investigation and to demand that the denomination surrender confidential documents to investigators. She also served as an adviser for the Southern Baptist Convention’s Sexual Abuse Task Force, which was formed last year to respond to widespread allegations of abuse.

August Boto, the former general counsel for the Southern Baptist leadership branch that was investigated, called the work of advocates and survivors “a satanic scheme to completely distract us from evangelism.” He criticized Denhollander and another abuse survivor, saying that their “outcries” were evidence of the devil’s success.

Continue reading

July 3, 2022 in Faith, Legal Education | Permalink

After The SCOTUS School Prayer Decision, What Comes Next For American Jews?

Following up on my previous post, New Pepperdine Religious Liberty Clinic Asks Supreme Court To Rule For High School Coach Fired For Praying On Football Field After Games:

Forward Op-Ed:  After the SCOTUS School Prayer Decision, What Comes Next For American Jews?, by Michael Helfand (Pepperdine):

KennedyThe Supreme Court issued yet another landmark church-state decision on Monday, finding in favor of Coach Joseph Kennedy — a public high school football coach — who had been terminated for praying at the 50-yard line after games.

The case presented not only a convoluted record of when and with whom these prayers took place, but also hinged upon issues of religious liberty, church-state separation and free speech—and has therefore become somewhat of a Rorschach test. To some, the case was all about a coach losing his job for a personal prayer; to others, the case was all about a school district preventing a school employee from indoctrinating students.

Many in the American Jewish community had expressed concern that the decision in favor of the coach might allow public school employees to foist prayers on their students, while others had worried that a decision in favor of the district might prohibit school employees from engaging in religious practices.

Ultimately, the Court’s decision has the potential to protect individual religious liberty while still protecting public school students from religious coercion. Only time will tell whether lower courts will successfully walk that line.

Continue reading

July 3, 2022 in Faith, 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 a new #1 paper and new papers joining the list at #4 and #5:

  1. SSRN Logo (2018)[535 Downloads]  Tax Administration and Technology: From Enhanced to No-Cooperation?, by João Félix Pinto Nogueira (Catholic University Portugal & IBFD; Google Scholar)
  2. [452 Downloads]  Tax Neutrality Regimes and GloBE, by Leopoldo Parada (Leeds; Google Scholar)
  3. [311 Downloads]  Tax Harmony: The Promise and Pitfalls of the Global Minimum Tax, by Reuven Avi-Yonah (Michigan; Google Scholar) & Young Ran (Christine) Kim (Utah; Google Scholar; moving to Cardozo)
  4. [255 Downloads]  Congress Takes Its War On Cash To Digital Assets: Understanding Tax Code Section 6050I, by Abraham Sutherland (Virginia; Google Scholar)
  5. [251 Downloads]  The Treatment of Tax Incentives under Pillar Two, by Belisa Ferreira Liotti (Google Scholar), Joy Waruguru Ndubai, Ruth Wamuyu, Ivan Lazarov (Google Scholar) & Jeffrey Owens (all of Vienna University of Economics and Business)

July 3, 2022 in Scholarship, Tax, Tax Scholarship, Top 5 Downloads | Permalink

Saturday, July 2, 2022

This Week's Ten Most Popular TaxProf Blog Posts

More On The Impact Of Dobbs On Law Schools

Following up on my previous posts (links below):, 'This Is a Life Decision': Will Abortion Bans Affect Law School Applications?:

The U.S. Supreme Court’s decision to overturn Roe v. Wade has prospective law school students questioning whether applications might decrease at schools located in states with abortion bans.

Over the weekend, Reddit user Successful_End7981 posed the question: “Do you think law schools applications to southern law schools will drop due to the recent decision regarding Roe v. Wade?

Many who replied said they now plan to avoid law schools in states where abortion is illegal or soon to be banned., Reflections on the US Supreme Court's Ruling Overturning 'Roe v. Wade':

This week, we’re exploring legal academia’s reaction to Friday’s U.S. Supreme Court opinion overturning two landmark precedents protecting abortion as a constitutional right. ...

Continue reading

July 2, 2022 in Legal Ed News, Legal Education | Permalink

Avi-Yonah Posts International Tax Papers On SSRN

Reuven S. Avi-Yonah (Michigan; Google Scholar) has posted these international tax papers on SSRN:

July 2, 2022 in Scholarship, Tax, Tax Scholarship | Permalink

Students, Alumni Push Back Against George Washington's Refusal To Cancel Justice Thomas's Con Law Seminar

Following up on my previous posts:

Washington Post, GW Defends Thomas Appointment Amid Calls For Removal From Law School:

George Washington University rejected calls to remove Supreme Court Justice Clarence Thomas from its law school faculty by students and others frustrated over the judge’s vote to overturn Roe v. Wade and his urging to reconsider other landmark civil rights cases. ...

The school’s stance, however, has left many students unsatisfied, said Jon Kay, a rising junior who started a petition demanding Thomas’s termination. The petition amassed nearly 9,000 signatures, including from people not from GW, in less than a week, and organizers are considering other ways to pressure administrators into changing course. ...

Jordan Michel, a recent law school graduate and former president of the GW Law Student Bar Association, said he took Thomas’s constitutional law seminar last fall. ... Now he backs calls to remove Thomas from the faculty.

“There’s agreement among law students that having diverse perspectives is important,” said Michel, 36. “But when somebody who’s supposed to be educating us fails to subscribe to or uphold the ethical, legal, moral obligations that we are here trying to abide by, it becomes problematic for us.”

Continue reading

July 2, 2022 in Legal Ed News, Legal Education | Permalink

Friday, July 1, 2022

Weekly SSRN Tax Article Review And Roundup: Elkins Reviews Hemel's The Passthrough Entity Tax Scandal

This week, David Elkins (Netanya, visiting NYU 2021-2023; Google Scholar) reviews a new paper by Daniel J. Hemel (NYU; Google Scholar), The Passthrough Entity Tax Scandal (2022).

Elkins (2018)

One of the more fascinating aspects of the 2017 Tax Cuts and Jobs Act concerns the limitation on deducting state and local income taxes. Prior to the enactment of the TCJA, state and local income taxes were fully deductible when computing federal tax liability. The TCJA capped that deduction for individuals at $10,000. In itself the cap was not particularly remarkable. There are innumerable sections in the Code that cap deductions at some arbitrary amount. What was fascinating about the SALT cap was the politics involved. The TCJA cap primarily strikes at the wealthiest taxpayers: the vast majority of individuals pay much less than $10,000 in state and local income taxes. One might therefore expect that, were there to be any political bickering on the issue, it would be the Democrats who would fully support the cap and the Republicans who would resist. It did not play out that way. The highly contentious measure was proposed by the Republicans and fiercely denounced by the Democrats. The reason for this seeming reversal of the usual political positions was pure partisan politics: blue states tend to have higher income taxes than red states (the only states with top marginal rates higher than 10% are California, New York, and New Jersey).

In this week’s feature article, Professor Daniel Hemel describes how states have attempted to bypass the SALT cap by enacting pass-through entity taxes (PETs).

Continue reading

July 1, 2022 in Scholarship, Tax, Tax Scholarship, Weekly SSRN Roundup | Permalink

Weekly Legal Education Roundup

Tax Policy In The Biden Administration

Seventeen New Law School Deans Begin Their Terms Today, Next Week Will See Influx of New Law Deans Across the Country:

  • John Anderson — Interim Dean, Mississippi College
    From Faculty, Mississippi College
    Succeeds Patricia Bennett, Dean since December 1, 2016
  • Lonnie Brown, Jr. — Dean, Tennessee
    From Associate Dean and Faculty, Georgia
    Succeeds Douglas Blaze, Interim Dean since July 1, 2020
  • Camille Carey — Dean, New Mexico
    From Vice Dean and Faculty, New Mexico
    Succeeds Sergio Pareja, Dean since August 1, 2015
  • Robert Chesney — Dean, Texas
    From Associate Dean and Faculty, Texas
    Succeeds Ward Farnsworth, Dean since June 1, 2012
  • Beth Cohen — Interim Dean, Western New England
    From Faculty and Director, LRW Program
    Succeeds Sudha Setty, Dean since July 1, 2018
  • Leah Chan Grinvald — Dean, UNLV
    From Associate Dean and Faculty, Suffolk
    Succeeds Sara Gordon, Interim Dean since July 1, 2021
  • Blake Hudson — Dean, Cumberland
    From Faculty, Florida
    Succeeds Henry Strickland, Dean since July 1, 2014
  • Melanie Jacobs — Dean, Louisville
    From Interim Dean and Faculty, Michigan State
    Succeeds Lars Smith, Interim Dean since April 30, 2021
  • Thoma Mayo — Interim Dean, SMU
    From Senior Associate Dean and Faculty, SMU
    Succeeds Jennifer Collins, Dean since July 1, 2014
  • Christiana Ochoa — Interim Dean, Indiana-Bloomington
    From Associate Dean and Faculty, Indiana-Bloomington
    Succeeds Austen Parrish, Dean since January 1, 2014
  • Cynthia Nance — Dean, Arkansas-Fayetteville
    From Faculty (and Former Dean), Arkansas-Fayetteville
    Succeeds Alena Allen, Interim Dean since January 1, 2012
  • Brian Pappas — Dean, North Dakota
    From Associate Provost, Eastern Michigan
    Succeeds Michael McGinniss, Dean since July 1, 2019
  • Sudha Setty — Dean, CUNY
    From Dean, Western New England
    Succeeds Eduardo Capulong, Interim Dean since April 1, 2021
  • Rodney Smolla — Dean, Vermont
    From Dean, Widener-Delaware
    Succeeds Beth McCormack, Interim Dean since January 23, 2021
  • Anthony Varona — Dean, Seattle
    From Dean and Faculty, Miami
    Succeeds Annette Clark, Dean since July 1, 2013

Continue reading

July 1, 2022 in Legal Ed News, Legal Education | Permalink

Subscribing To TaxProf Blog

SubscribeWe offer three ways to have TaxProf Blog content automatically delivered to your computer, tablet, or smart phone:

RSS Feeds:  You can subscribe to one of three different feeds to receive TaxProf Blog posts via your RSS reader:

Email:  You can subscribe to receive TaxProf Blog posts via email through one of four approaches:

  • FeedBlitz:  Enter your email address here to receive TaxProf Blog posts via email, delivered to you either daily, every 12 hours, every 8 hours, every 4 hours, or hourly (at your option).
  • TaxProf Blog Tax Email Service:  Email me to be added to my daily email to the TaxProf Discussion Group with titles and links to TaxProf Blog posts on tax topics.
  • TaxProf Blog Legal Education Email Service:  Email me to be added to my daily email with titles and links to TaxProf Blog posts on legal education topics.
  • TaxProf Blog Faith Email Service:  Email me to be added to my Sunday email with titles and links to TaxProf Blog posts on faith topics.

July 1, 2022 in About This Blog, Legal Education, Tax | Permalink

The International Law Association's Project On International Tax Law—Phase 1

Juliane Kokott (Court of Justice, European Union), Pasquale Pistone (Vienna) & Robin Miller (Court of Justice, European Union), Public International Law and Tax Law: Taxpayers' Rights: The International Law Association's Project on International Tax Law—Phase 1, 52 Geo. J. Int'l L. 381 (2021): 

Georgetown Journal of Internation LawPublic international law recognizes rights to non-state actors. In tax matters, these include taxpayers and other private persons involved in the levying of tax. Their fundamental rights are human rights, which must be effectively protected even when there is a general interest of the community to the collection of tax. This Article contains a comprehensive worldwide analysis of such rights and addresses the different issues that arise—in national and cross-border situations—in connection with tax procedures and sanctions. 

Continue reading

July 1, 2022 in Scholarship, Tax, Tax Scholarship | Permalink

Support TaxProf Blog By Shopping On Amazon

Amazon-associatesTaxProf Blog participates in the affiliate program. You can help support TaxProf Blog at no cost to you by making purchases through Amazon links on the blog and through the search box in the right column of the blog:

Amazon Search

July 1, 2022 in About This Blog, Legal Education, Tax | Permalink

Columbia Will Not Submit Data To U.S. News This Year After Math Professor Questioned Its #2 Ranking

Columbia US News

Following up on my previous posts:

Columbia University Provost Mary Boyce, Statement Regarding U.S. News and World Report’s Undergraduate Survey:

A few months ago, a member of our faculty, Professor Michael Thaddeus, raised questions regarding the accuracy of some of the data the University submitted to U.S. News and World Report for its annual ranking of undergraduate universities. Columbia leaders take these questions seriously, and we immediately embarked on a review of our data collection and submissions process.

In light of the work underway, we will refrain from submitting to U.S. News and World Report this year. The deadline for that submission is July 1. Given the extensive analysis required to review the data and ensure it complies with U.S. News methodologies, we cannot complete our work with the appropriate care within that timeframe.

Continue reading

July 1, 2022 in Legal Ed Rankings, Legal Education | Permalink

Thursday, June 30, 2022

Insider Giving

Sureyya Burcu Avci (Sabanci University; Google Scholar), Cindy A. Schipani (Michigan; Google Scholar), H. Nejat Seyhun (Michigan; Google Scholar) & Andrew Verstein (UCLA; Google Scholar), Insider Giving, 71 Duke L.J. 619 (2021):

Duke Law Journal (2022)Corporate insiders can avoid losses if they dispose of their stock while in possession of material nonpublic information. One means of disposal, selling the stock, is illegal and subject to prompt mandatory reporting. A second strategy is almost as effective, yet it faces lax reporting requirements and enforcement. That second method is to donate the stock to a charity and take a charitable tax deduction at the inflated stock price. This “insider giving” is a potent substitute for insider trading. We show that insider giving is far more widespread than previously believed. In particular, we show that insider giving is not limited to officers and directors. Large investors appear to regularly receive material nonpublic information and use it to avoid losses.

Continue reading

June 30, 2022 in Scholarship, Tax, Tax Scholarship | Permalink

Get Out: Structural Racism In The Legal Academy And Academic Terror

Renee Nicole Allen (St. John's; Google Scholar), Get Out: Structural Racism and Academic Terror, 29 Wm. & Mary J. Women & L. __ (2023):

Get OutReleased in 2017, Jordan Peele’s critically acclaimed film Get Out explores the horrors of racism. The film’s plot involves the murder and appropriation of Black bodies for the benefit of wealthy, white people. After luring Black people to their country home, a white family uses hypnosis to paralyze victims and send them to the Sunken Place where screams go unheard. Black bodies are auctioned off to the highest bidder; the winner’s brain is transplanted into the prized Black body. Black victims are rendered passengers in their own bodies so that white inhabitants can obtain physical advantages and immortality.

Like Get Out, this article reveals academic horrors that are far too familiar to people of color. In the legal academy, structural racism is the monster, and under the guise of academic freedom, faculty members inflict terror on marginalized people. Black bodies are objectified and colonized in the name of diversity and antiracism. No matter how loud we scream, it remains a Sunken Place. Only time will tell if the antiracism proclamations of 2020 are a beginning or a killer ending.

This article explores the relationship between structural racism and academic terror in the legal academy and articulates an effective framework for analyzing academic terrorism.

Continue reading

June 30, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Haneman: Tax Incentives For Green Burial

Victoria J. Haneman (Creighton; Google Scholar), Tax Incentives for Green Burial, 21 Nev. L.J. 491 (2021):

Every living being is doomed to decay and die and decay some more. Death is inevitable, and the disposal of our dead is a fundamental global activity with the potential to have significant environmental impact. In the United States, the environmental toxicity of “traditional” modern burial is stark. A cosmeticized body is pumped with three gallons of embalming fluid (containing chemicals such as formaldehyde) that eventually leaches through metal and wood and into the ground. An estimated 5.3 million gallons of embalming chemicals are buried annually in what are essentially luxury landfill-slash-golf-courses, with landscaping and grass to maintain and mow, in coffins that are typically constructed of nonbiodegradable chipboard. And while cremation is a more environmentally friendly alternative, incineration cremation falls short of being labeled “green.” Fire-based cremation utilizes significant resources and energy, attributable to the substantial quantity of fossil fuel required to burn human remains at 1,562° F (850° C) to reduce a corpse to ash. Pollutants are generated in doing so, including an average of 250,000 tons per year of carbon emissions and an estimated 320 to 6,000 pounds of mercury (from incineration of dental fillings) per year.

Continue reading

June 30, 2022 in Scholarship, Tax, Tax Scholarship | Permalink

Free Speech And Cancel Culture: A Tale Of Two Law Schools

Following up on my previous posts:

David Lat, Free Speech And Cancel Culture: A Tale Of Two Law Schools:

In the wake of Dobbs v. Jackson Women’s Health Organization, last Friday’s big abortion ruling from the U.S. Supreme Court, Washington has become a leading battlefield in the culture wars. ... The nation’s capital is also the latest front in the law-school culture wars. Two law schools in D.C., American University Washington College of Law and the George Washington University Law School, have experienced free speech and cancel culture controversies in the past week. ...

Continue reading

June 30, 2022 in Legal Ed News, Legal Education | Permalink

Blockchain And Tax Administration: A Critical Assessment

Eliza Mik (Chinese University of Hong Kong; Google Scholar) & Noam Noked (Chinese University of Hong Kong; Google Scholar), Blockchain and Tax Administration: A Critical Assessment, 50 Australian L. Rev. 180 (2021):

Recent publications argue that blockchains could substantially improve tax administration. This article critically evaluates these claims and examines several proposed use cases. It argues that many of the problems that blockchains purportedly solve exist off-chain, in the real world, and cannot be addressed by a blockchain. Blockchains can facilitate the storage and sharing of tax information. They cannot, however, streamline reporting requirements or enhance cooperation between tax authorities. This article also claims that the main benefit from several use cases derives from digitalization in general, not from the deployment of any specific type of database. It remains to be determined whether blockchains are in fact superior to other digitalized systems that perform comparable functions in tax administration.

Continue reading

June 30, 2022 in Scholarship, Tax, Tax Scholarship | Permalink

Gender Pay Disparities In The Legal Academy

Christopher J. Ryan (Louisville; Google Scholar) & Meghan Dawe (American Bar Foundation; Google Scholar), Mind the Gap: Gender Pay Disparities in the Legal Academy, 34 Geo. J. Legal Ethics 567 (2021):

Differences in pay between women and men in the same jobs have captured the public's attention in recent years. However, public interest in and press coverage of salary differences on the basis of gender—or any other ascriptive class—in the learned professions are wanting. Moreover, few studies have spoken directly on the gender pay disparities in the legal academy, despite emerging evidence of its existence at multiple law schools. In this Article, we use a unique dataset, drawn from the only nationally representative survey to date of tenured law professors in the United States, to track how gender and race are tied to salary outcomes. But we look beyond the raw differences in salary, probing the mechanisms that undergird gendered pay inequities.

Table 14

Continue reading

June 30, 2022 in Legal Ed Scholarship, Legal Education | Permalink

Wednesday, June 29, 2022

A Fresh Perspective On The Valuation Of Conservation Easements

Alan Feld (Boston University), Jacob Nielsen (J.D. 2021, Boston University) & Theodore S. Sims (Boston University), Green, or Greed? A Fresh Perspective on the Valuation of Conservation Easements, 76 Tax L. Rev. __ (2022):

Charitable contributions of "conservation easements" have since 1980 allowed high-income taxpayers to shelter income from taxation through overvalued deductions. Overvaluation has increased dramatically in the past 20 years: a 2016 study of all easement decisions since 1980 reported that while overvaluation had averaged by a factor of two before 1994, it averaged by a factor of ten for decisions between 1994 and 2016. SOI data disclose that aggregate easement contributions deducted on Schedule A grew from $2.26 billion in 2015 to $6.5 billion in 2018 (the most recent year available). A recent report by supporters of conservation easements acknowledges that "neither the [IRS] nor the courts have sufficient resources to effectively police valuation abuse."

Most of the concern has been with "syndicated conservation easements" ("SCEs"), and most proposed remedies to easement overvaluation focus on SCEs. We show, however, that exactly the same traits that produce overvalued SCEs — allowing charitable deductions based on "fair market" value, which sanctions deducting unrealized appreciation without taxing the corresponding gain, combined with the unavoidable need to value contributed easements through as manipulable a process as appraisal -— have facilitated abusive overvaluation of non-syndicated easements too.

Continue reading

June 29, 2022 in Scholarship, Tax, Tax Scholarship | Permalink

Ohio State Festschrift In Honor Of Deborah Jones Merritt

Festschrift in Honor of Deborah Jones Merritt, 82 Ohio St. L.J. 879-951 (2021):

Continue reading

June 29, 2022 in Legal Ed Scholarship, Legal Education | Permalink

Congress Takes Its War On Cash To Digital Assets: Understanding Tax Code Section 6050I

Abraham Sutherland (Virginia; Google Scholar), Congress Takes Its War on Cash to Digital Assets: Understanding Tax Code Section 6050I:

The United States government really does not like Americans to make large cash transactions. Now, due to a new law, it really, really does not want Americans to use “digital assets,” either. My goal is to convince you that the first claim is true. The second claim will then be self-evident.

Of course, no one cares about cash anymore, except criminals. We’ve always known something better: bank accounts, paper checks, and wire transfers. Cash has been obsolete for meaningful commerce for a long time, and since 1984 we’ve had a law in place to make sure it stays that way. Cash, as a tool for large, non-criminal transactions in the modern economy, is dead. Cash is a relic.

Continue reading

June 29, 2022 in Scholarship, Tax, Tax Scholarship | Permalink

George Washington Refuses To Fire Justice Thomas, Who Has Co-Taught A Course For A Decade; His Views 'Do Not Represent Those Of The University Or Its Law School'

George Washington Hatchet, Supreme Court Justice to Remain at GW Law After Thousands Call For His Removal:

George Washington Law Logo (2020)Officials announced GW Law will not fire Supreme Court Justice Clarence Thomas after more than 6,000 people signed a petition calling for his termination after he voted to overturn Roe v. Wade and end federal abortion protections.

Provost Christopher Bracey and GW Law Dean Dayna Bowen Matthew said in an email Tuesday that employing Thomas will allow students to exchange ideas and that debate is essential to the University’s educational mission to train students to address the world’s problems. Rising junior Jon Kay started a petition calling on officials to remove Thomas from his teaching role at GW on Sunday, and it has since amassed more than 6,000 signatures.

“Because debate is an essential part of our University’s academic and educational mission to train future leaders who are prepared to address the world’s most urgent problems, the University will neither terminate Justice Thomas’ employment nor cancel his class,” Bracey and Matthew said in the email.

Thomas has lectured at GW Law since 2011, co-teaching a constitutional law seminar with his former clerk Gregory Maggs, and is set to teach that course again in the Fall 2022 semester, according to GW Law’s course catalog. ...

The email states while Thomas’ views “do not represent” the views of GW Law or the University as a whole, Thomas has “academic freedom and freedom of expression and inquiry” like all other faculty members. GW’s academic freedom guidelines, which officials quoted in the email, state it is not the University’s responsibility to “shield” individuals from opinions they may find offensive.

Christopher Alan Bracey (Provost) & Dayna Bowen Matthew (Dean), Email:

Dear Members of the George Washington University Community,

Since the recent U.S. Supreme Court ruling to overturn Roe v. Wade, we have heard from members of our community who have expressed feelings of deep disagreement with this decision.

Continue reading

June 29, 2022 in Legal Ed News, Legal Education | Permalink

NY Times: 300,000 High Income Residents Fled New York City During The Pandemic

New York Times, The Flight of New York City’s Wealthy Was a Once-in-a-Century Shock:

When roughly 300,000 New York City residents left during the early part of the pandemic, officials described the exodus as a once-in-a-century shock to the city’s population.

Now, new data from the Internal Revenue Service shows that the residents who moved to other states by the time they filed their 2019 taxes collectively reported $21 billion in total income, substantially more than those who departed in any prior year on record. The IRS said the data captured filings received in 2020 and as late as July 2021.

Continue reading

June 29, 2022 in Tax, Tax News | Permalink

Supreme Court Refuses To Consider Race, Sex Bias Claims Against NYU Law Review

Following up on my previous post, Lawsuits Against Harvard, NYU Law Reviews Claim Racial, Gender Preferences:, Justices Won't Consider Race, Sex Bias Claims Against NYU Law Review:

NYU Law ReviewThe U.S. Supreme Court on Monday turned away a sex and race discrimination challenge to the way in which New York University’s law review selects articles.

The justices denied review without comment in the petition, Faculty, Alumni and Students Opposed to Racial Preferences v. New York University.

The petition was filed by conservative litigator Jonathan Mitchell of Austin, Texas, known as the author of the Texas law banning abortion after six weeks of pregnancy and requiring enforcement of the law by private citizens.

Continue reading

June 29, 2022 in Legal Ed News, Legal Education | Permalink

Tuesday, June 28, 2022

QOZs Illustrate How Critical Tax Theory May Bolster Tax Policy Analysis

Islame Hosny (Pryor Cashman, New York), QOZs Illustrate How Critical Tax Theory May Bolster Tax Policy Analysis, Yale J. on Reg.: Notice & Comment (June 25, 2022):

Yale Notice & CommentJune 30, 2022, is the last day on which certain taxpayers who had capital gains in 2021 can defer paying tax on those gains until 2026 by investing them in Qualified Opportunity Funds (QOFs)—investment vehicles used to invest in Qualified Opportunity Zones (QOZs). According to the IRS, the purpose of the QOZ program is to “spur economic development and job creation in distressed communities by providing tax benefits to investors.”

One such tax benefit is that an investor who holds a QOF investment for 10 years receives a 100% exclusion from federal tax on appreciation on the investment. That is a 0% effective tax rate on a potentially unlimited amount of gain. But how does the 0% tax rate compare to that of a QOZ resident?

Today, there are 8,764 QOZs in the United States. One of those QOZs is Central Harlem, where 29% of residents are below the federal poverty level, 77.2% of households do not include children, and the median household income is $57,720. The federal income tax liability for a single filer with no children, with income of $57,720, and who takes the standard deduction ($12,550) and, thus, has taxable income of $45,170, is $5,687. This results in an effective federal tax rate of 12.59% for a typical resident in Central Harlem. ...

Continue reading

June 28, 2022 in Legal Education, Tax, Tax Scholarship | Permalink