Tuesday, August 30, 2016
The IRS Scandal, Day 1209: 123 Tax Profs Oppose Impeachment/Censure Of John Koskinen
Letter From 123 Tax Professors in Opposition to Impeachment or Censure of IRS Commissioner (Aug. 28, 2016):
We the undersigned 123 tax law professors teach in law schools across America. We teach tax law and respect for the process of law in Utah, Montana, Texas, Georgia, Louisiana, Nevada, Florida, Pennsylvania and Ohio as well as in Massachusetts and Washington, D.C. and places in between.
We urge you to oppose any resolution to impeach or censure John Koskinen, the Commissioner of Internal Revenue.
We teach our students how to represent clients in positions adverse to the Internal Revenue Service, but we also teach our students respect for the law and for the IRS. The IRS carries out a vitally important mission for our country. Respect for the IRS fosters the voluntary compliance that is essential for our revenue system to work.
Impeachment or censure will harm the country by weakening our revenue system. Impeachment or censure would disrupt the functioning of the IRS—which has had four Commissioners in as many years—leading to increased tax evasion, reduced revenue collection, and a higher national debt. Impeachment or censure would also set a dangerous precedent and deter talented people from working to improve the country’s struggling revenue system.
We also fear that targeting Commissioner Koskinen will distract the Congress from the vital work of enacting meaningful tax reform. Academics, practitioners, and businesses agree that we must revise our revenue system to rationalize and simplify the rules, and to minimize the collateral costs of raising the necessary revenue.
We believe that nothing that has been reported provides any basis for impeachment or censure. Commissioner Koskinen was called out of retirement when the IRS needed help, and responded for the simple reason that it was the time for all good citizens to come to the aid of their country.
We respectfully request that the House reject misguided efforts to impeach or censure Commissioner Koskinen, and focus instead on enacting meaningful reforms to our revenue system.
Sincerely,
[school for identification only] |
||||
1 |
Utah |
Professor Clifton Fleming |
J. Rueben Clark Law School, BYU |
|
2 |
Utah |
Professor Nancy A. McLaughlin |
Univ. of Utah SJ Quinney College of Law |
|
3 |
Utah |
Assistant Professor Gladriel Shobe |
J. Reuben Clark Law School, BYU |
|
4 |
Idaho |
Professor Victoria Haneman |
Concordia Univ. School of Law |
|
5 |
West Virginia |
Professor Elaine Wilson |
Univ. of West Virginia Law School |
|
6 |
Kentucky |
Professor Jennifer Bird-Pollan |
Univ. of Kentucky |
|
7 |
Kansas |
Professor Lori McMillan |
Washburn Law School |
|
8 |
Alabama |
Professor Tracey M. Roberts |
Cumberland School of Law |
|
9 |
South Carolina |
Assistant Professor Tessa Davis |
Univ. of South Carolina School of Law |
|
10 |
Mississippi |
Professor Karen Green |
Univ. of Mississippi School of Law |
|
11 |
Mississippi |
Associate Professor Donna R. Davis |
Univ. of Mississippi School of Law |
|
12 |
Montana |
Associate Professor Pippa Browde |
Univ. of Montana School of Law |
|
13 |
Montana |
Professor Elaine Gagliardi |
Univ. of Montana School of Law |
|
14 |
Oklahoma |
Professor Jonathan Forman |
Univ. of Oklahoma Law School |
|
15 |
Nebraska |
Professor Emeritus Bill Lyons |
Univ. of Nebraska Law School |
|
16 |
Georgia |
Professor Camilla E Watson |
Univ. of Georgia Law School |
|
17 |
Georgia |
Associate Professor Lisa Milot |
Univ. of Georgia Law School |
|
18 |
Arizona |
Professor Adam Chodrow |
Arizona State Univ. College of Law |
|
19 |
Arizona |
Associate Professor Erin Scharf |
Arizona State Univ. College of Law |
|
20 |
Maine |
Jeffrey A. Maine |
Univ. of Maine School of Law |
|
21 |
Louisiana |
Professor Marjorie Kornhauser |
Tulane Law School |
|
22 |
Louisiana |
Professor Philip Hackney |
LSU Law Center |
|
23 |
Missouri |
Professor Henry Ordower |
St. Louis Univ. School of Law |
|
24 |
Missouri |
Professor Kerry Ryan |
St. Louis Univ. School of Law |
|
25 |
Tennessee |
Professor Michelle M. Kwon |
Univ. of Tennessee |
|
26 |
Tennessee |
Professor Don Leatherman |
Univ. of Tennessee |
|
27 |
Indiana |
Professor Randle B. Pollard |
Univ. of Indiana Law School |
|
28 |
Indiana |
Professor Del Wright |
Valparaiso Univ. Law |
|
29 |
Indiana |
Professor Joni Larson |
Indiana Tech Law School |
|
30 |
Indiana |
Professor Leandra Lederman |
Univ. of Indiana |
|
31 |
Indiana |
Professor David Herzig |
Valparaiso Law School |
|
32 |
Indiana |
Professor Lloyd Mayer |
Notre Dame Law School |
|
33 |
Nevada |
Professor Francine Lipman |
Univ. of Nevada Law School |
|
34 |
Texas |
Professor Bryan Camp |
Texas Tech Law School |
|
35 |
Texas |
Professor Robert Peroni |
Univ. of Texas Law School |
|
36 |
Texas |
Professor Calvin Johnson |
Univ. of Texas Law School |
|
37 |
Texas |
Professor Mark Cochran |
St. Mary's Law School |
|
38 |
Texas |
Professor Bruce McGovern |
Houston Law School |
|
39 |
Texas |
Assistant Professor Susan Morse |
Univ. of Texas Law School |
|
40 |
Texas |
Professor Paul Asofsky |
Univ. of Houston Law School |
|
41 |
Texas |
Professor Terri Hedge |
Texas A&M Law School |
|
42 |
North Carolina |
Professor Richard Schmalbeck |
Duke Law School |
|
43 |
North Carolina |
Professor Lawrence Zelenak |
Duke Law School |
|
44 |
Maryland |
Professor Fred Brown |
Univ. of Baltimore Law School |
|
45 |
Michigan |
Professor Reuven Avi-Yonah |
Univ. of Michigan School of Law |
|
46 |
Michigan |
Professor Linda M. Beale |
Wayne State School of Law |
|
47 |
Colorado |
Professor David Hasen |
Univ. of Colorado Law School |
|
48 |
Pennsylvania |
Professor Alice G. Abreu |
Temple Law School |
|
49 |
Pennsylvania |
Professor David Shakow |
Pennsylvania Law School |
|
50 |
Pennsylvania |
Professor Reed Shuldiner |
Pennsylvania Law School |
|
51 |
Pennsylvania |
Professor Keith Fogg |
Villanova Law School |
|
52 |
Pennsylvania |
Professor Norman Stein |
Drexel Law School |
|
53 |
Pennsylvania |
Professor Leslie Book |
Villanova Law School |
|
54 |
Pennsylvania |
Professor Jim Maule |
Villanova Law School |
|
55 |
Pennsylvania |
Professor Andrea Monroe |
Temple Law School |
|
56 |
Ohio |
Professor Stephanie Hunter McMahon |
Univer of Cincinnati College of Law |
|
57 |
Ohio |
Professor Carolyn L. Dessin, |
Univ. of Akron Law School |
|
58 |
Ohio |
Professor Stephanie Hoffer |
Ohio State Law School |
|
59 |
Ohio |
Professor Deborah A. Geier |
Cleveland-Marshall College of Law |
|
60 |
Florida |
Professor Emeritus Joseph Dodge |
Florida State College of Law |
|
61 |
Florida |
Professor Charlene Luke |
Univ. of Florida Levin College of Law |
|
62 |
Florida |
Professor Elena Maria Marty-Nelson |
NSU Nova Law School |
|
63 |
Florida |
Professor Martin J McMahon |
Univ. of Florida Levin College of Law |
|
64 |
Iowa |
Professor Carolyn C. Jones |
Univ. of Iowa College of Law |
|
65 |
Iowa |
Professor Emeritus Marin Begleiter |
Drake Univ. Law School |
|
66 |
Iowa |
Professor Carolyn Jones |
Univ. of Iowa Law School |
|
67 |
Iowa |
Professor George Yin |
Univ. of Virginia Law School |
|
67 |
Virgina |
Professor Mary Heen |
Univ. of Richmond School of Law |
|
68 |
Virgina |
Professor Andrew Hayashi |
Univ. of Virginia Law School |
|
69 |
Virginia |
Professor Thomas R. White III |
Univ. of Virginia Law School |
|
70 |
Delaware |
Professor Christine D. Allie |
Delaware Law School |
|
71 |
Wisconsin |
Professor Susannah Tahk |
Univ. of Wisconsin |
|
72 |
Connecticut |
Emerita Professor Toni Robinson |
Quinnipac Univ. Law School |
|
73 |
Oregon |
Professor Roberta F. Mann |
Univ. of Oregon School of Law |
|
74 |
Oregon |
Professor Jack Bogdanski |
Lewis & Clark Law School |
|
75 |
California |
Professor Patricia Cain |
Santa Clara Univ. Law School |
|
76 |
California |
Professor Joseph Bankman |
Stanford School of Law |
|
77 |
California |
Professor Richard Winchester |
Thomas Jefferson School of Law |
|
78 |
California |
Professor Michael B. Lang |
Chapman Univ. School of Law |
|
79 |
California |
Professor Theodore P. Seto |
Loyola Law School- Los Angeles |
|
80 |
California |
Professor Ellen Aprill |
Loyola Law School- Los Angeles |
|
81 |
California |
Professor Edward Kleinbard |
Univ. of Southern California |
|
82 |
California |
Professor Katherine Pratt |
Loyola Law School- Los Angeles |
|
83 |
California |
Professor Frank J. Doti |
Chapman Univ. School of Law |
|
84 |
California |
Professor Bruce Wolk |
Univ. of California, Davis |
|
85 |
California |
Professor Jordan Barry |
San Diego Law School |
|
86 |
California |
Professor Heather M. Field |
Univ. of California Hastings |
|
87 |
New York |
Professor Alan Appel |
New York Law School |
|
88 |
New York |
Professor Ann Thomas |
New York Law School |
|
89 |
New York |
Professor Brad Borden |
Brooklyn Law School |
|
90 |
New York |
Visiting Professor Michael Hirshfeld |
Cornell Law School |
|
91 |
New York |
Professor Deborah Schenk |
NYU Law School |
|
92 |
New York |
Professor Daniel Shaviro |
NYU Law School |
|
93 |
New York |
Professor Victor Zonana |
NYU Law School |
|
94 |
New York |
Professor David Pratt |
Albany Law School |
|
95 |
New York |
Professor Rebecca Kysar |
Brooklyn Law School |
|
96 |
New York |
Professor Linda Galler |
Hofstra Univ. Law School |
|
97 |
Maryland |
Professor Fred Brown |
Univ. of Baltimore School of Law |
|
98 |
Massachusetts |
Professor Meredith Conway |
Suffolk Law School |
|
99 |
Massachusetts |
Professor Ray Madoff |
Boston College Law School |
|
100 |
Massachusetts |
Assistant Professor Julian Fray |
Northeastern Univ. School of Law |
|
101 |
Massachusetts |
Professor Emeritus Hugh Ault |
Boston College Law School |
|
102 |
Massachusetts |
Professor Alan Feld |
Boston Univ. Law School |
|
103 |
Massachusetts |
Senior Lecturer Stephen E. Shay |
Harvard Law School |
|
104 |
Massachusetts |
Professor Theodore Sims |
Boston Univ. Law School |
|
105 |
New Jersey |
Professor Tracy Kaye |
Seton Hall Univ. School of Law |
|
106 |
New Jersey |
Professor Cynthia Blum |
Rutgers Law School |
|
107 |
Illinois |
Assistant Professor Hayes Holderness |
Univ. of Illinois Law School |
|
108 |
Illinois |
Professor Emeritus John Columbo |
Univ. of Illinois Law School |
|
109 |
Illinois |
Professor Julie Roin |
Univ. of Chicago Law School |
|
110 |
Illinois |
Professor Emily Cauble |
DePaul Law School |
|
111 |
Illinois |
Professor Evelyn Brody |
Chicago-Kent College of Law |
|
112 |
Illinois |
Professor David Weisbach |
Univ. of Chicago Law School |
|
113 |
Illinois |
Assistant Professor Daniel Hemel |
Univ. of Chicago Law School |
|
114 |
Vermont |
Professor Stephanie Willbanks |
Vermont Law School |
|
115 |
Washington |
Professor Ann Murphy |
Gonzaga Law School |
|
116 |
DC |
Professor Ben Leff |
American Univ. College of Law |
|
117 |
DC |
Emeritus Professor Ronald A. Pearlman |
Georgetown Univ. Law Center |
|
118 |
DC |
Profesor Karen Brown |
George Washington Law School |
|
119 |
DC |
Professsor Nancy Abramowitz |
American Univ. College of Law |
|
120 |
DC |
Professor Neal Buchanan |
George Washington Law School |
|
121 |
DC |
Professor Roger Colinvaux |
Catholic Univ. Law School |
|
122 |
DC |
Professor Brian Galle |
Georgetown Univ. Law Center |
|
123 |
DC |
Professor Stephen Cohen |
Georgetown Law School |
- The Hill, Tax Professors Urge House to Reject Impeachment of IRS Chief
- The Surly Subgroup: Tax Professor Letter Opposing Impeachment or Censure of IRS Commissioner Koskinen, by Leandra Lederman (Indiana)
- The IRS Scandal, Day 1208 (Aug. 29, 2016)
- The IRS Scandal, Day 1207 (Aug. 28, 2016)
- The IRS Scandal, Day 1206 (Aug. 27, 2016)
- The IRS Scandal, Day 1205 (Aug. 26, 2016)
- The IRS Scandal, Day 1204 (Aug. 25, 2016)
- The IRS Scandal, Day 1203 (Aug. 24, 2016)
- The IRS Scandal, Day 1202 (Aug. 23, 2016)
- The IRS Scandal, Day 1201 (Aug. 22, 2016)
- The IRS Scandal, Days 1101-1200 (May 14, 2016 - Aug. 21, 2016)
- The IRS Scandal, Days 1001-1100 (Feb. 4, 2016 - May 13, 2016)
- The IRS Scandal, Days 901-1000 (Oct. 27, 2015 - Feb. 3, 2016)
- The IRS Scandal, Days 801-900 (July 19, 2015 - Oct. 26, 2015)
- The IRS Scandal, Days 701-800 (April 10, 2015 - July 18, 2015)
- The IRS Scandal, Days 601-700 (Dec. 31, 2014 - April 9, 2015)
- The IRS Scandal, Days 501-600 (Sept. 22, 2014-Dec. 30, 2014)
- The IRS Scandal, Days 401-500 (June 14, 2014 - Sept. 21,2014)
- The IRS Scandal, Days 301-400 (Mar. 6, 2014 - June 13, 2014)
- The IRS Scandal, Days 201-300 (Nov. 26, 2013 - Mar. 5, 2014)
- The IRS Scandal, Days 101-200 (Aug. 18, 2013 - Nov. 25, 2013)
- The IRS Scandal, Days 1-100 (May 10, 2013 - Aug. 17, 201
https://taxprof.typepad.com/taxprof_blog/2016/08/the-irs-scandal-day-1209123-tax-profs-oppose-impeachmentcensure-of-john-koskinen.html
Comments
Impeachment or censure will harm the country by weakening our revenue system.
The system was weakened by the actions of the IRS and the Obama administration at large. People lost respect for the authority of the IRS because of how that authority was abused to persecute groups that Democrats view as unhumans.
The only way to restore that respect is for those responsible to be held accountable. Since that isn't going to happen, and our friends to the left cheer on these illegal actions to create new Jim Crow laws for non-Democrats, respect isn't likely to be restored for a long long time.
Posted by: wodun | Aug 30, 2016 3:42:11 PM
Just a bunch of profs with a high level of tolerance for corruption. If asked, they will also sign letters excusing Hillary's graft.
Dog bites man. Nothing to see here.
Posted by: neelynzus | Aug 30, 2016 2:23:40 PM
Regarding the destruction of records (Impeachment Article I), the precedent has already been set under this administration, by Secretary Clinton.
As *head* of a federal department, you can intentionally violate every record-keeping policy on the books, unilaterally destroy work-related emails by the thousands, arguably the greatest violation of the Federal Records Act in U.S. history according to the founding directory of the Justice Department's Office of Information and Privacy, and then make false statements about it to Congress and the public, and face no legal or disciplinary consequences whatsoever.
So why would IRS officials feel nervous about destroying a bunch of subpoenaed emails when the DOJ has no interest in prosecuting anybody for it?
Posted by: MM | Aug 30, 2016 1:36:19 PM
As Eric noted, the political affiliation would be more helpful in gauging this statement. The professors from my school are hard-left, and I would venture >90% of the signatories are Democrats (or Greens), perhaps even 100%.
Posted by: todd | Aug 30, 2016 11:02:48 AM
Eric, I would be shocked if more than 10% of the signers had read that document or already knew everything in it. They simply support one side based on reports they've heard or read. It's like global warming (climate change if you prefer) in that respect.
If the signers listed their primary information sources on this topic, this blog would be way down the list if it were there at all.
Posted by: AMTbuff | Aug 30, 2016 9:13:16 AM
In thinking about the issue, it's useful to know the specific reasons for impeachment given in the resolution, so you can decide whether the charged offenses (perjury, destruction of evidence, etc.) are important enough to warrant impeachment. Here's the text:
https://www.govtrack.us/congress/bills/114/hres828/text/ih
Posted by: Eric Rasmusen | Aug 30, 2016 8:28:48 AM
This IRS is now perceived to been corrupted for political warfare. The Democrats have ruined the trust that is necessary for something vital to the Nation's interest, all other banana republics do the same thing for the same reason and then plead expediency for the 'good' of the People. The IRS was caught out in criminality, the peoples trust so necessary for taxation is gone, a great majority of the people at the IRS seem to be Democrats and partisan, can't have that type of rigged representation from an organization which is not neutral.
Posted by: Ron Nord | Aug 30, 2016 8:15:11 AM
What is the Congress supposed to do when the administration continues to ignore the law? Impeachment is an option, removing revenue is an option. WTF do you want them to do?
Posted by: Roux | Aug 30, 2016 8:14:06 AM
What part of the letter mentions respect for the First Amendment of the United States Constitution? What part of the letter mentions the Supremacy Clause?
Posted by: Nom de Blog | Aug 30, 2016 8:11:47 AM
What would be more informative than university affiliation is political party affiliation.
Posted by: Eric Rasmusen | Aug 30, 2016 7:24:38 AM
"Impeachment or censure would disrupt the functioning of the IRS - which has had four Commissioners in as many years - leading to increased tax evasion, reduced revenue collection, and a higher national debt."
These assertions would be true if there was some evidence that evasion has gone up and revenue has gone down. But the federal tax gap, calculated by the IRS itself, has not changed in about 15 years.
Also, the federal debt will rise every year regardless of who's running the IRS as long as the federal government continues to borrow. The IRS has no say in federal spending "priorities".
Did professors actually write this letter, or did they enlist a bunch of undergraduates? Whoever's responsible should've taken a Critical Thinking 101 class...
Posted by: MM | Aug 30, 2016 7:14:37 AM
"Respect for the IRS fosters the voluntary compliance that is essential for our revenue system to work."
This is idealism. Realistically, personal incentives drive tax compliance since 70-80% of tax filers receive refunds from the IRS every single year. That's not respect, it's self-interest.
And no mention in this distinguished letter of false statements to investigators, or destruction of subpoenaed evidence after it was subpoenaed. A more robust defense would've at least addressed the primary reasons impeachment is being sought.
Oh, well. The irony is almost tailor made: Had Koskinen worked in a bank or insurance company in the private sector, and made false statements to federal regulators and presided over the destruction of requested documents, he'd have been fined, fired, and possibly charged with a crime by now...
Posted by: MM | Aug 30, 2016 7:04:21 AM
Go ahead if they think they can but time would be better spent doing something productive which we all know Congress has never done. As far as I am concerned both parties don't do a damn thing to improve things. No such thing as working together for the good of the country....like starting over with the tax code....getting rid of tax exempts, etc......we would not have this problem if we had a tax on income with no exceptions....no charitable deductions, no 501 whatevers.....But you guys just blow off your big mouths instead getting at the real problem ....Congress and both parties....vote the bastards out no matter what party and get in people who will change the laws little by little.....
Posted by: Sid | Aug 30, 2016 10:40:18 PM