Saturday, February 10, 2018
The ABA Tax Section Midyear Meeting is taking place this weekend in San Diego. Two of the highlights are:
Luncheon Plenary Address: Edward Kleinbard (USC), Perversion of the Tax Policymaking Process:
The Tax Cuts and Jobs Act can be criticized on many substantive grounds, and for its effect on deficits. But the legislative process also revealed important shortcomings beyond its haste. Traditional tax policy metrics — conventional revenue estimates, dynamic estimates and distributional analyses — yield misleading results in a tax framework that loses over one trillion dollars. The result is that the legislation has even more deleterious welfare implications than these standard metrics suggest.
Teaching Taxation Program: Evolving Constraints on Tax Administration:
The IRS and Treasury Department have faced increasing budget and legal constraints over the past few years. Treasury is also experiencing limits on its rulemaking, both from the current Presidential Administration and from courts applying administrative law, such as with respect to the anti-inversion regulations. IRS budget constraints and workforce decreases started around 2011, and the IRS’s image has suffered following a 2013 report from the Treasury Inspector General for Tax Administration (TIGTA) on the IRS’s review of applications for determination of tax-exempt status. A 2017 TIGTA report revisited that issue in a balanced way, but where does it leave the IRS? This panel will look at how we got here, what it means, and what the ideal environment for tax administration looks like. The panelists will discuss the recent cases of Altera and Chamber of Commerce and assess how the IRS, taxpayers, and counsel should proceed given the ever-evolving constraints on tax administration.
Philip Hackney (LSU), Kristin Hickman (Minnesota), Leandra Lederman (Indiana), Kerry Ryan (St. Louis)
The full program is here. Other Tax Profs with speaking roles include:
- Affiliated & Related Corporations: Victor Fleischer (San Diego)
- Current Developments in Individual, Corporate, Partnership, and Estate & Gift Taxation: Cass Brewer (Georgia State), Elaine Hightower Gagliardi (Montana), Bruce McGovern (South Texas)
- Diversity: Patricia Cain (Santa Clara), Jennifer Lee (Temple), Francine Lipman (UNLV), Katherine Pratt (Loyola-L.A.)
- Employee Benefits: Jon Forman (Oklahoma), Kathryn Kennedy (John Marshall)
- Sales, Exchanges & Basis: Jennifer Lee (Temple), Roberta Mann (Oregon)
- Tax Implications for California Wildfire Survivors: Bruce McGovern (South Texas)
- Tax Policy & Simplification: Michael Lang (Chapman), Leandra Lederman (Indiana), Roberta Mann (Oregon), Shu-Yi Oei (Boston College), Adam Thimmesch (Nebraska)