Paul L. Caron
Dean


Tuesday, July 16, 2019

Rethinking Normative Principles In International Tax

Shay Shimon Moyal (S.J.D. 2020, Michigan), Back to Basics: Rethinking Normative Principles in International Tax, 73 Tax Law. ___ (2019):

ABA Tax LawyerInternational Tax is a relatively new legal system that lacks clear objectives and principles. These principles, which guide unilateral legislation and multilateral coordination, have not been discussed thoroughly through the lenses of jurisprudence and legal philosophy. This paper offers a unique jurisprudential analysis of normative International Tax principles by redefining them and clarifying several basic assumptions.

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July 16, 2019 in ABA Tax Section, Scholarship, Tax, Tax Scholarship | Permalink | Comments (0)

Thursday, June 27, 2019

ABA Tax Section Publishes New Issue Of Tax Times

ABA Tax Times (2016)The ABA Tax Section has published 38 Tax Times No. 3 (June 2019):

FROM THE CHAIR
Your Tax Section Supporting the Profession
By Eric Solomon (Ernst & Young, Washington, D.C.)
On May 9-11, 2019, the Tax Section held its May Tax Meeting in Washington, DC. Representatives from the IRS and Treasury were able to attend the May meeting and shared their perspectives on recent developments. The featured speaker at the plenary session on Saturday, May 11, was IRS Commissioner Charles P. Rettig.

FROM THE EDITOR
Tax Section Launches Podcasts
By Linda M. Beale (Wayne State)
We are delighted to announce the launch in this issue of the ABA Tax Times of a new feature, People in Tax Podcasts. These conversations will provide insight into the various careers in tax enjoyed by our members and information about career trajectories, from education through involvement in the Tax Section’s many activities.

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June 27, 2019 in ABA Tax Section, Tax | Permalink | Comments (0)

Monday, June 17, 2019

McGovern & Brewer: 2018 Federal Income Tax Developments

Bruce A. McGovern (South Texas) & Cassady V. Brewer (Georgia State), Recent Developments in Federal Income Taxation: The Year 2018, 72 Tax Law. __ (2019) (134 pages):

ABA Tax LawyerThis article summarizes and provides context to understand the most important developments in federal income taxation for the year 2018. The items discussed primarily consist of the following: (i) significant amendments to the Internal Revenue Code; (ii) important judicial decisions; and (iii) noteworthy administrative rulings and regulations promulgated by the Service and Treasury. The article focuses primarily on subjects of broad general interest — tax accounting rules, determination of gross income, allowable deductions, treatment of capital gains and losses, corporate and partnership taxation, exempt organizations, and procedure and penalties.

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June 17, 2019 in ABA Tax Section, Scholarship, Tax | Permalink | Comments (0)

Tuesday, June 11, 2019

ABA Tax Section Names 2019-2020 John Nolan Fellows

ABA Tax Section (2017)ABA Tax Swction Recognizes Outstanding Young Tax Lawyers, Names Six 2019-2020 John S. Nolan Fellows:

The American Bar Association Section of Taxation announced the recipients of the 2019-2020 John S. Nolan Fellows at the Section’s May Meeting in Washington:

  • Arielle Borsos (Caplin & Drysdale, Washington, D.C.)
  • Phillip Colasanto (Agostino & Associates, Hackensack, NJ)
  • Sarah Haradon (Holland & Hart, Denver)
  • Travis Thompson (Sideman & Bancroft, San Francisco)
  • Shamik Trivedi (Grant Thornton, Washington, D.C.)
  • Lany Villalobos (Dechert, Philadelphia)

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June 11, 2019 in ABA Tax Section, Tax | Permalink | Comments (0)

Monday, June 10, 2019

2018-20 ABA Tax Section Public Service Fellows

ABA Tax Section (2017)American Bar Association Section of Taxation announces Public Service Fellows

The American Bar Association Section of Taxation has selected its 2018-2020 Christine A. Brunswick Public Service Fellows:

  • Evan Phoenix, a graduate of Saint Thomas University School of Law, will be working with the Bet Tzedek Legal Services in Los Angeles, California, to provide tax education, advocacy, and representation on behalf of current military service members, veterans, and ESL (English as a second language) taxpayers.
  • Andre Robinson, a graduate of Loyola University New Orleans College of Law, will be working with the Low-Income Tax Clinic at Southeast Louisiana Legal Services in New Orleans, Louisiana to provide education and tax services to taxpayers returning to society after being incarcerated, as well as to micro-business and small-business owners.

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June 10, 2019 in ABA Tax Section, Legal Education, Tax | Permalink | Comments (0)

Wednesday, May 29, 2019

The Tax Lawyer Publishes New Issue

Saturday, May 11, 2019

ABA Tax Section May Meeting

ABA 3The highlight of the ABA Tax Section May Meeting (program) in Washington, D.C. for Tax Profs is the Teaching Taxation Program:

Higher Education and Taxation: Are We Getting Tax Policy Right for the Mission of Education? The country is in a battle over the role, place, and funding of higher education. Who is it for? How should it be financed? What should it provide? The tax law impacts higher education in significant ways. This panel will examine those impacts and consider whether we get that policy right, and whether any changes are needed. The 2017 Tax Act imposed new taxes on colleges and universities with large endowments and big salaries. What will be the impact of these changes? Should public universities be able to elect in and out of section 501(c)(3) status? If so, should they be subject to a special set of rules? For-profit higher education providers are increasingly converting to nonprofit status in order to take advantages of benefits provided to tax exempt entities. Should there be rules limiting the entry of for-profit organizations? Tax law also impacts student borrowing. Do we get the incentives right or could we do better in structuring those incentives to benefit those in need?

  • Ellen Aprill (Loyola-L.A.)
  • Brian Galle (Georgetown)
  • Philip Hackney (Pittsburgh) (moderator)
  • Benjamin Leff (American)
  • Alexandra Mitchell (RSM US LLP, Washington, D.C.)
  • Kerry Ryan (Saint Louis) (chair)

Other Tax Prof speakers at the May Meeting:

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May 11, 2019 in ABA Tax Section, Tax, Tax Conferences | Permalink | Comments (0)

Saturday, May 4, 2019

Winners Of The 18th Annual Law Student Tax Challenge

18thABA Tax Section, 18th Annual Law Student Tax Challenge Winners:

J.D. Division

1st Place:
Jordan Fruchter and Thomas Boland
Albany Law School
Coach: Danshera Cords

2nd Place:
Emily Eash and Eliana Hoeppner
Western New England University

3rd Place:
Luis Garcia and Janette Duran
University of New Mexico Law School

Best Written Submission:
Luis Garcia and Janette Duran
University of New Mexico Law School

Semi-Finalists:
Scott Lee and Brittany Johnson
Georgetown University

Daniel Rowe and Mark Goshgarian
Loyola Law School

Kaitlyn Cornett and Thomas Koelbl
University of Memphis

LL.M. Division

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May 4, 2019 in ABA Tax Section, Legal Education, Tax, Teaching | Permalink | Comments (0)

Monday, April 1, 2019

The Tax Lawyer Publishes New Issue

Tuesday, March 12, 2019

ABA Tax Section Publishes New Issue Of Tax Times

ABA Tax Times (2016)The ABA Tax Section has published 38 Tax Times No. 2 (Feb. 2019):

FROM THE CHAIR
Your Changing Tax Section
By Eric Solomon (Ernst & Young, Washington, D.C.)
The Tax Section held its Midyear Tax Meeting in New Orleans on January 17-19. Numerous panels addressed the continuing deluge of guidance relating to the 2017 Tax Act, such as proposed regulations regarding qualified opportunity funds and final regulations regarding the 20% deduction for sole proprietors and owners of pass-through entities (section 199A), as well as additional guidance regarding the many new international tax provisions.

PEOPLE IN TAX
Interview with Jeremiah Coder
By Thomas D. Greenaway (KPMG, Boston, MA)
The Tax Times interviewed Jeremiah Coder, a contributing author to The National Law Review and past contributing editor of Tax Analysts.

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March 12, 2019 in ABA Tax Section, Tax | Permalink | Comments (0)

Friday, February 1, 2019

Subscribing To TaxProf Blog

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February 1, 2019 in ABA Tax Section, Legal Education, Tax | Permalink | Comments (0)

Wednesday, January 23, 2019

2018-20 ABA Tax Section Public Service Fellows

ABA Tax Section (2017)The 2018-2020 Christine A. Brunswick Public Service Fellowship Class:

  • Anastassia Kolosova, a graduate of the University of Michigan Law School, will be working with the Accounting Aid Society, in Detroit, Michigan, to conduct outreach and education activities for specific vulnerable populations in Detroit and expand the organization’s ability to provide legal representation to low-income taxpayers.
  • Omeed Firouzi, a graduate of Villanova University Charles Widger School of Law, will be working with Philadelphia Legal Assistance to provide education and legal assistance to workers misclassified as independent contractors and conduct advocacy and awareness efforts to decrease the practice among employers in Philadelphia.

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January 23, 2019 in ABA Tax Section, Tax | Permalink | Comments (0)

Thursday, January 17, 2019

ABA Tax Section Midyear Meeting

ABA 3The ABA Tax Section Midyear Meeting kicks off today in New Orleans. Two highlights are:

Teaching Taxation: Tax Advice in the Age of the 24-Hour News Cycle
Recent instances of exposure by the press of aggressive tax planning and tax avoidance by prominent businesses, individuals or families raise unique substantive, ethical, and other legal issues for the tax community. Practitioners advising famous clients may need to assess not only the likelihood of future examinations, but also public disclosure due to whistleblowers, cooperators, and data leaks. Reporters investigating past tax compliance may recruit tax professionals for technical assistance and expertise to uncover suspect transactions, unreported income, or improper deductions or credits. The release of such information, and related commentary from various media outlets, may pressure Federal and state tax authorities, law enforcement officials, or regulators to open audits or investigations that could result in substantial tax adjustments and/or various civil and criminal penalties. This panel will explore these issues from a variety of perspectives.

  • Caroline Ciraolo (Kostelanetz & Fink, Washington, D.C.)
  • David Cay Johnston (DCReport.org)
  • Michael Lang (Chapman) 
  • Michael Plowgian (KPMG, Washington, D.C.)
  • Kerry Ryan (St. Louis) (Chair)
  • Lee-Ford Tritt (Florida) (moderator)

Teaching Taxation: Current Developments in Individual, Corporate, Partnership, and Estate & Gift Taxation
This session will review the most significant statutory enactments, judicial decisions, IRS rulings,
and Treasury regulations promulgated during the last twelve months that affect general income
taxation, corporate taxation, partnership taxation, wealth transfer taxation, and tax procedure.

  • Elaine Gagliardi (Montana)
  • Philip Hackney (Pittsburgh)
  • Bruce McGovern (South Texas) (moderator)

Other Tax Prof speakers include:

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January 17, 2019 in ABA Tax Section, Tax, Tax Conferences | Permalink | Comments (0)

Thursday, January 10, 2019

The Tax Lawyer Publishes New Issue

Monday, December 17, 2018

ABA Tax Section Publishes New Issue Of Tax Times

ABA Tax Times (2016)The ABA Tax Section has published 38 Tax Times No. 1 (Nov. 2018):

FROM THE CHAIR
The Tax Section Serving the Tax System
By Eric Solomon (Ernst & Young, Washington, D.C.)
The Tax Section held its Fall Tax Meeting with the Trust & Estate Division of the Real Property, Trust & Estate Law Section in Atlanta on October 4-6. Over 950 people attended. There was much to discuss, especially the recent regulatory guidance relating to the 2017 Tax Act.

PEOPLE IN TAX
Interview with Patricia A. Cain
By Thomas D. Greenaway (KPMG, Boston, MA)
The Tax Times interviewed Professor Patricia Cain from Santa Clara University. Professor Cain writes frequently about taxation and estate planning for same-sex couples and has co-authored one of the leading texts used in Sexuality and the Law courses.

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December 17, 2018 in ABA Tax Section, Tax | Permalink | Comments (0)

Thursday, December 13, 2018

2018 Tannenwald Tax Writing Competition Winners

Tannenwald (2016)The Theodore Tannenwald, Jr. Foundation for Excellence in Tax Scholarship has announced the winners of the 2018 tax writing competition:

First Prize ($5,000):
Colin T. Halpin (Washburn), A Step in the Right Direction: The Effects of the Tax Cuts and Jobs Act on the Alternative Minimum Tax and the Need for Further Reform
Faculty Sponsor:  Lori McMillan

Second Prize ($2,000):
Betting on an Uncertain Future: The Tax Consequences of Large Third-Party Litigation Financing
Faculty Sponsor:  Gregg Polsky

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December 13, 2018 in ABA Tax Section, Legal Education, Scholarship, Tax, Teaching | Permalink | Comments (0)

Monday, November 26, 2018

The Tax Lawyer Publishes New Issue

The Tax Lawyer (2013)The Tax Lawyer has published Vol. 71, No. 4 (Summer 2018):

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November 26, 2018 in ABA Tax Section, Scholarship, Tax | Permalink | Comments (0)

Saturday, November 3, 2018

ABA Administrative Law Conference

ABA Logo (2016)Tax Profs with speaking roles at the ABA Administrative Law Conference (Nov. 1-2):

Kristin Hickman (Minnesota), Is Agency Guidance Reviewable (And If So, When)?:

This panel will look at what the federal courts have said about the reviewability of agency guidance, including the rescission of guidance, both in facial challenges and in the enforcement context. All conference attendees should be interested in this program given the important role of agency guidance and the inconsistent case law on the central question presented. Key issues that will be address will include: (i) the treatment of "guidance" within the Administrative Procedure Act (e.g., statements of policy and interpretative rules); (ii) how the courts have grappled with statements of policy and interpretative rules, including application of the APA's "final agency action" requirement; (iii) when "guidance" may be regarded as de facto "legislative rulemaking" for purposes of judicial review; and (iv) whether the form of publication (e.g., "demand letter" or enforcement v. generally applicable "policy bulletin" or "letter of interpretation") and means of publication (e.g., Federal Register, web posting, blast email) affects the question of reviewability, including the subsidiary question of administrative exhaustion. The practical skill attendees will take back to their respective practices after attending this session will be, among other things, a better understanding of the importance to judicial review of how guidance is drafted, i.e., how language is used to communicate the agency's message and the potential legal consequences of that language.

Shu-Yi Oei (Boston College) & Leigh Osofsky (North Carolina), The Role of Agencies in Legislative Drafting and Legislative Cleanup:

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November 3, 2018 in ABA Tax Section, Tax | Permalink | Comments (0)

Thursday, October 4, 2018

ABA Tax Section Fall CLE Meeting

ABA Tax Section 2The ABA Tax Section kicks off its three-day joint fall meeting with the ABA Real Property, Trust and Estate Law Section today in Atllanta.  The full program is here. The highlight is:

Individual & Family Taxation — SALT Deduction Limit Workarounds Panel. This panel will discuss the various strategies that States are implementing to provide a workaround to the 2017 Tax Act’s state and local tax deduction limit. In general, these programs use contributions to various state-sponsored funds or programs that offer a credit against state tax liability. The panel will evaluate and discuss the legal merits of such workarounds.

  • Andy Grewal (Iowa)
  • Kirk Stark (UCLA)
  • Timothy Todd (Liberty)

Other Tax Profs with speaking roles include:

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October 4, 2018 in ABA Tax Section, Tax, Tax Conferences | Permalink | Comments (0)

Tuesday, October 2, 2018

Hasen: Asset Basis In Acquisitive Asset Reorganizations — General Utilities Hangover

ABA Tax LawyerDavid Hasen (Florida), Asset Basis in Acquisitive Asset Reorganizations: General Utilities Hangover, 72 Tax Law. ___ (2019):

The rules that govern the tax basis and, by extension, the holding period of property received by an acquired corporation in an acquisitive reorganization are an unlovely patchwork that emerged from major changes to the tax law in 1986 and 1988. They not only fail to provide clarity but also do not reflect the fact that the acquired corporation, to the extent it engages in post-reorganization activity pursuant to the overall plan of reorganization, is in substance the agent of the acquiring corporation. Congress should amend the reorganization provisions to reflect this circumstance.

October 2, 2018 in ABA Tax Section, Scholarship, Tax | Permalink | Comments (0)

Wednesday, September 12, 2018

ABA Tax Section Releases 18th Annual Law Student Tax Challenge Problem

LSTCThe ABA Tax Section has released the J.D. Problem (rules; entry form) and LL.M. Problem (rules; entry form) for the 18th Annual Law Student Tax Challenge:

An alternative to traditional moot court competitions, the Law Student Tax Challenge asks two-person teams of students to solve a cutting-edge and complex business problem that might arise in everyday tax practice. Teams are initially evaluated on two criteria: a memorandum to a senior partner and a letter to a client explaining the result. Based on the written work product, six teams from the J.D. Division and four teams from the LL .M. Division receive a free trip (including airfare and accommodations for two nights) to the Section of Taxation 2019 Midyear Meeting, January 17-19, 2019 in New Orleans, where each team will defend its submission before a panel of judges consisting of the country’s top tax practitioners and government officials, including tax court judges. The competition is a great way for law students to showcase their knowledge in a real-world setting and gain valuable exposure to the tax law community. On average, more than 50 teams compete in the J.D. Division and more than 30 teams compete in the LL .M. Division.

IMPORTANT DATES

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September 12, 2018 in ABA Tax Section, Tax, Teaching | Permalink | Comments (1)

Saturday, September 1, 2018

Section 355 Revisited: Time For A Major Overhaul?

ABA Tax LawyerHerbert N. Beller (Northwestern), Section 355 Revisited: Time for a Major Overhaul?, 71 Tax Law. ___ (2018):

Section 355 of the Internal Revenue Code permits a corporation that conducts multiple active businesses to distribute controlling stock ownership interests in one or more of such businesses to all or some of its shareholders on a tax-free basis, provided that various statutory and non-statutory requirements are met. Commonly known as “spin-offs”, “split-offs” and “split-ups”, qualifying section 355 distributions are often preceded by a transfer of assets (and sometimes liabilities) into the distributed controlled corporation, as part of an overall type “D” divisive “reorganization” described in section 368(a)(1)(D). Non-recognition treatment for at least some forms of corporate separations dates back to the Revenue Act of 1918. The 1954 Code iteration of section 355, which continues to provide the basic statutory framework for tax-free treatment, has been amended several times in order to tighten various qualification requirements and, in certain instances, to impose a corporate level tax on the distributing corporation (via sections 355(d) and (e)) even through the transaction still generates tax–free treatment at the shareholder level. In general, however, the primary distinguishing tax feature of section 355 transactions is that they permit tax-free treatment at both the shareholder and corporate levels, thus constituting the principal exception to the statutory repeal of the so-called General Utilities doctrine during the mid-1980s. The main premise of this article is that section 355 is due for a major overhaul.

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September 1, 2018 in ABA Tax Section, Scholarship, Tax | Permalink | Comments (0)

Friday, August 10, 2018

ABA Tax Section Publishes New Issue Of Tax Times

ABA Tax Times (2016)The ABA Tax Section has published 37 Tax Times No. 4 (August 2018):

FROM THE CHAIR
A Time to Reflect
By Karen L. Hawkins (Hawkins Law, Yachats, OR)
A year serving as Chair of this Section seemed like a long time in August of 2017. Now as I approach August of 2018, I feel there is so much I won’t have time to finish (or start). That’s why succession is so important. Building on the positive legacies of those who came before you ensures those coming behind you will do the same.

FROM THE CHAIR-ELECT
The Coming Year
By Eric Solomon (Ernst & Young, Washington, D.C.)
It is an honor for me to be the next Chair of the Tax Section, and a privilege to have the opportunity to serve our members, the tax community, and the public.

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August 10, 2018 in ABA Tax Section, Tax | Permalink | Comments (0)

Tuesday, July 10, 2018

Brown: Proposing A Single, Simpler Test For Cash Equivalency

ABA Tax LawyerFred B. Brown (Baltimore), Proposing a Single, Simpler Test for Cash Equivalency, 71 Tax Law. 543 (2018):

Under the cash method of accounting, generally taxpayers include income items that are received in the form of cash, checks, and property, in the year in which they are received. Under the cash equivalency doctrine, a promise to pay an amount in the future, even though it is a property right, generally will be included upon receipt only if the promise to pay constitutes a cash equivalent.

Whether an obligation is a cash equivalent is generally determined based on common law standards developed by the courts with some assistance from the Service. As a consequence, the current approach to cash equivalency suffers from the lack of a uniform standard. There is also uncertainty in applying the particular tests, given the fact-intensive, imprecise inquiry that is required. In addition, the current standards for cash equivalency may also present liquidity difficulties for taxpayers.

To address these problems, this article proposes a single test for determining whether an obligation calling for future payments is a cash equivalent.

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July 10, 2018 in ABA Tax Section, Scholarship, Tax | Permalink | Comments (0)

Friday, June 29, 2018

The Tax Lawyer Publishes New Issue

The Tax Lawyer (2013)The Tax Lawyer has published Vol. 71, No. 3 (Winter 2018):

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June 29, 2018 in ABA Tax Section, Scholarship, Tax | Permalink | Comments (0)

Thursday, June 14, 2018

ABA Tax Section Awards

June 14, 2018 in ABA Tax Section, Legal Education, Tax | Permalink | Comments (0)

Wednesday, June 6, 2018

McGovern & Brewer: 2017 Federal Income Tax Developments

ABA Tax LawyerBruce A. McGovern (South Texas) & Cassady V. Brewer (Georgia State), Recent Developments in Federal Income Taxation: The Year 2017, 71 Tax Law. ___ (2018) (139 pages):

These materials discuss as well as provide context to understand the significance of the most important judicial decisions and administrative rulings and regulations promulgated by the Service and Treasury during 2017. Amendments to the Code generally are not discussed except to the extent that they are of major significance, they have led to administrative rulings and regulations, or they have affected previously issued rulings and regulations otherwise covered by these materials. These materials focus primarily on topics of broad general interest — income tax accounting rules, determination of gross income, allowable deductions, treatment of capital gains and losses, corporate and partnership taxation, exempt organizations, and procedure and penalties.

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June 6, 2018 in ABA Tax Section, Scholarship, Tax | Permalink | Comments (0)

Friday, June 1, 2018

ABA Tax Section Publishes New Issue Of Tax Times

ABA Tax Times (2016)The ABA Tax Section has published 37 Tax Times No. 3 (May 2018):

FROM THE CHAIR
May Meeting Recap
By Karen L. Hawkins, Hawkins Law, Yachats, OR
The Section enjoyed another successful meeting in Washington, D.C. Nearly 2,000 were in attendance at the Grand Hyatt to hear from the experts about recent tax legislation, including predictions for future guidance.

PEOPLE IN TAX
Interview with Dana Trier
By Thomas D. Greenaway, KPMG LLP, Boston, MA
Dana Trier, long-time active ABA Tax Section member and former Corporate Tax Committee chair, most recently served as Deputy Assistant Secretary for Tax Policy in the U.S. Treasury Department. In this interview, he explains how he came into tax, how he helped develop the tax practices at several firms, his role in tax reform, and other topics.

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June 1, 2018 in ABA Tax Section, Tax | Permalink | Comments (0)

Saturday, May 26, 2018

This Week's Ten Most Popular TaxProf Blog Posts

Friday, May 18, 2018

Ring: The Stages Of International Tax Reform

Diane Ring (Boston College), The Stages of International Tax Reform:

Since December 2017, tax conferences in the United States have focused substantially on the H.R. 1 tax reform legislation. No surprise there — the 2017 changes are among the most significant in the past thirty years. But over the past five months, through attending numerous tax conferences featuring international tax practitioners, I’ve observed some interesting developments in the nature of the discussions and debates at these conferences. These changes are pretty revealing about the process of absorbing the true impact of the new tax law, particularly in international tax. This weekend’s ABA May Tax Section Meeting in Washington, D.C. highlighted some of these trends.

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May 18, 2018 in ABA Tax Section, News, Shuyi Oei, Tax, Tax Conferences | Permalink | Comments (0)

Sunday, May 13, 2018

ABA Tax Section May Meeting

Tax SectionTax Prof speakers at the ABA Tax Section May Meeting in Washington, D.C. (program):

  • Alice Abreu (Temple)
  • Ellen Aprill (Loyola-L.A.)
  • Leslie Book (Villanova)
  • Bradley Borden (Brooklyn)
  • David Brennen (Dean, Kentucky)

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May 13, 2018 in ABA Tax Section, Tax | Permalink | Comments (0)

Wednesday, April 4, 2018

The Tax Lawyer Publishes New Issue

Thursday, March 15, 2018

Kleinbard: Perversion Of The Tax Policymaking Process

Tuesday, March 13, 2018

ABA Tax Section Publishes New Issue Of Tax Times

ABA Tax Times (2016)The ABA Tax Section has published 37 Tax Times No. 2 (Mar. 2018 2017):

FROM THE CHAIR
Midyear Wrap-Up and a Look Ahead
By Karen L. Hawkins, Hawkins Law, Yachats, OR
The Section’s Midyear Meeting in San Diego was a resounding success. The committees once again provided timely and top-notch continuing education presentations and materials on myriad aspects of the new tax law.

AT COURT
Estate Portability: Sowers Reap Unexpected Harvest in Estate of Sower v. Commissioner
By James Lynch, Sobel & Co., LLC, Livingston, NJ
In 2010, Congress introduced into the tax code the concept of portability for certain estates. Each estate has an applicable exclusion amount. Under portability, the executor of the estate of a deceased spouse may elect to give the surviving spouse that deceased spouse’s unused applicable exclusion amount (DSUE). In the recent case of Estate of Sower v. Commissioner, the Tax Court provided some guidance on the audit of the return of the first deceased spouse.

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March 13, 2018 in ABA Tax Section, Tax | Permalink | Comments (0)

Monday, March 5, 2018

McMahon: Tax Policy Elegy

ABA Tax LawyerMartin J. McMahon, Jr. (Florida), 2018 Erwin N. Griswold Lecture Before the American College of Tax Counsel: Tax Policy Elegy, 71 Tax Law. ___ (2018):

For over four decades there have been unrelenting calls to make the tax code “fair, simple, and efficient.” But despite nine major tax acts between 1969 and 2003, along with many less extensive tax acts, the refrain for a “fair, simple, and efficient” tax code has continued to be heard. This continuing plea is not surprising, because over the decades the tax system has evolved to ask the highest income earners to pay less in taxes, become ever more complex, and eschewed “efficiency” in favor of the allowance of an ever-increasing number of tax preferences. Tax act after tax act failed to produce a fair, simple, and efficient tax code. The recently enacted Tax Cuts and Jobs Act is simply another failure to enact tax reform that provides a fair, simple, and efficient tax code. The call for a “fair, simple, and efficient” tax code has become a mere trope. True “tax reform” entails revising the tax code better to meet normative tax policy criteria.

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March 5, 2018 in ABA Tax Section, Scholarship, Tax | Permalink | Comments (1)

Thursday, February 22, 2018

2017 Tannenwald Tax Writing Competition Winners

Tannenwald (2016)The Theodore Tannenwald, Jr. Foundation for Excellence in Tax Scholarship has announced the winners of the 2017 tax writing competition:

First Prize ($5,000):
David Berke (Yale), Reworking the Revolution: Treasury Rulemaking & Administrative Law
Faculty Sponsor:  Anne L. Alstott

Second Prize ($2,500):
Daniel W. Blum (NYU), Treaty Shopping and its Prevention in a Post-BEPS World Limitation-on-Benefits, Beneficial Ownership and the Principal Purpose Test: Evolution, Underlying Rationales and Interrelation
Faculty Sponsor:  H. David Rosenbloom

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February 22, 2018 in ABA Tax Section, Legal Education, Scholarship, Tax, Teaching | Permalink | Comments (0)

Saturday, February 10, 2018

ABA Tax Section Midyear Meeting

ABAThe 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 ProgramEvolving 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:

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February 10, 2018 in ABA Tax Section, Tax, Tax Conferences | Permalink | Comments (0)

Thursday, February 8, 2018

Northwestern Offers 6-8 Graduate Tax Program Tuition Scholarships ($64k) To Serve As Student Editors Of The Tax Lawyer

Northwestern Tax LawyerFollowing up on last week's post, After 50 Years, ABA Tax Section Shifts Publication Of The Tax Lawyer From Georgetown To Northwestern:  Philip Postlewaite (Director, Northwestern's Graduate Tax Program):

Along with Karen Hawkins, the current Chair of the ABA Tax Section, I am proud to announce that The Tax Lawyer, the flagship journal of the ABA’s Tax Section, will be moving to Northwestern in the fall of 2018. We look forward to the beginning of a close and engaging relationship with the Editorial Board and the Council of the ABA Tax Section. David Cameron will become the Faculty Editor, supervising student and faculty involvement in the publication process.

In order to assist in the publication of The Tax Lawyer, Northwestern will select a six-to-eight member Student Editorial Board from among the admitted students in each of our future LLM classes. In order to encourage highly-qualified applicants to apply to, and matriculate at, Northwestern and to serve as student editors, we have created The Northwestern Pritzker Dean’s Scholarship Fund. Importantly, Dean’s Scholars will receive scholarships equal to the cost of tuition [$63,558] at Northwestern.

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February 8, 2018 in ABA Tax Section, Legal Education, Tax | Permalink | Comments (0)

Tuesday, January 30, 2018

After 50 Years, ABA Tax Section Shifts Publication Of The Tax Lawyer From Georgetown To Northwestern

ABA Tax LawyerKaren L. Hawkins (Chair, ABA Tax Section), The Tax Lawyer Enters a New Era:

I am pleased to report that the negotiations first reported in my fall column of ABA Tax Times are complete. The Tax Section has finalized an agreement with the Northwestern University Pritzker School of Law to engage students from its full-time Tax LL.M. Program as student editors of our flagship journal, The Tax Lawyer. We believe this new relationship offers enhanced opportunities for the Section, and a new vision for The Tax Lawyer that will serve our members for years to come.

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January 30, 2018 in ABA Tax Section, Legal Education, Tax | Permalink | Comments (0)

Tuesday, January 9, 2018

The Tax Lawyer Publishes New Issue

The Tax Lawyer (2013)The Tax Lawyer has published Vol. 71, No. 1 (Fall 2017):

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January 9, 2018 in ABA Tax Section, Scholarship, Tax | Permalink | Comments (0)

Saturday, December 9, 2017

This Week's Ten Most Popular TaxProf Blog Posts

Monday, November 20, 2017

ABA Tax Section Publishes New Issue Of Tax Times

ABA Tax Times (2016)The ABA Tax Section has published 37 Tax Times No. 1 (Nov. 2017):

FROM THE CHAIR
So Much To Do, So Little Time
By Karen L. Hawkins (Hawkins Law, Yachats, OR)
Notwithstanding the challenges of going forward with a meeting in Austin, Texas, in the midst of one of the worst hurricane seasons in recent history, the committees did their usual stellar jobs in providing top-notch continuing education presentations and materials for the attendees.

AT COURT
Gaylor v. Mnuchin - A Step Toward Greater Clarity on Clergy Tax Exemptions?
By Adam Chodorow (Arizona State)
On October 6, 2017, the U.S. District Court for the Western District of Wisconsin declared section 107(2) of the Internal Revenue Code unconstitutional. The provision permits "ministers of the gospel" to exclude from income compensation designated as a housing allowance, thus giving churches and other religious organizations the ability to provide tax-free housing to their ordained ministers. The government foregoes around $800 million in revenue per year as a result of this provision, and, if the decision stands, it could have a significant impact on churches and other religious institutions.

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November 20, 2017 in ABA Tax Section, Tax | Permalink | Comments (0)

Thursday, November 16, 2017

Herzfeld: A History Of The ABA Tax Section

ABA Tax Section (2017)Mindy Herzfeld (Florida), How Lawyers Dominate: A History of the ABA Tax Section:

The story of how tax attorneys came to dominate the fields of tax policy and sophisticated tax practice is the success story of an organized professional association. The prominence of the role of attorneys in the development and practice of the tax law was not a foregone prerequisite of the U.S. federal income tax system. Rather, the professional organization of attorneys into a specialized group within bar associations has played a significant role in making lawyers the central players in tax policy and tax practice in the U.S.

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November 16, 2017 in ABA Tax Section, Scholarship, Tax | Permalink | Comments (0)

Thursday, November 2, 2017

The Tax Implications Of Game Of Thrones

GOTIn a recent post of mine I referenced Game of Thrones (“GOT”), which is an HBO TV series based on the book collection “A Song of Ice and Fire” by George R.R. Martin. A commentator asked “Would it surprise you to know that some of your readers don't have the faintest idea of what your reference to "Game of Thrones" means?”

For such readers, I regret that you have not read this incredible fantasy adventure series. Not only because it’s good, but because references such as mine abound. Me nem nesa. A particularly amusing and creative spin comes from the otherwise staid ABA Section on Taxation. Each year the Tax Section puts out a “Tax Challenge” for both J.D. students and LL.M. students. This year’s Tax Challenge looks at some tax implications from GOT. Here’s how it starts:

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November 2, 2017 in ABA Tax Section, Bryan Camp, Celebrity Tax Lore, Tax | Permalink | Comments (2)

Wednesday, October 11, 2017

The Tax Lawyer Publishes New Issue

The Tax Lawyer (2013)The Tax Lawyer has published Vol. 70, No. 4 (Summer 2017) (State and Local Tax Edition):

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October 11, 2017 in ABA Tax Section, Scholarship, Tax | Permalink | Comments (0)

Monday, October 9, 2017

ABA Tax Section Chair Explains Reduced Travel Support For Academics

ABA Tax Section (2017)Following up on my previous posts:

To:      ABA Taxation Section Teaching Taxation Committee members
From: Karen L. Hawkins, Chair, Taxation Section
Re:     Reimbursement for Academic leaders and speakers

As all of you are aware by now, during the business meeting of the Taxation Section Council, difficult financial decisions were made. These types of difficult belt-tightening decisions have had to be made over the past two years, and will continue to be required to reach, and maintain, a revenue neutral budget. If the Section is to maintain its stated commitments to provide services to its membership; tax assistance to vulnerable taxpayers; and leadership in support of a workable tax system, it is imperative that we continue to cut expenses while also seeking additional ways to increase income.

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October 9, 2017 in ABA Tax Section, Legal Education, Tax | Permalink | Comments (0)

Thursday, October 5, 2017

Lederman: The ABA Tax Section’s Reduced Travel Support For Academics

ABA Tax Section (2017)Leandra Lederman (Indiana-Bloomington), Analysis of the ABA Tax Section’s Reduced Travel Support for Academics:

A hot topic among professors at the recent ABA Tax Section meeting in Austin was the reduction in travel support for academics scheduled to take effect with the upcoming meeting in San Diego. As Prof. Bryan Camp wrote on TaxProf blog, the background is that, for years, and through the most recent meeting, full-time professors who have a leadership role in the section (Chair or Vice-Chair of a committee, or higher positions) have received a travel subsidy.

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October 5, 2017 in ABA Tax Section, Legal Education, Tax | Permalink | Comments (0)

Wednesday, September 27, 2017

Follow Up On § 7434 Suits For Filing False Information Returns

ABA Tax Section (2017)I previously blogged about a great panel presentation I attended at the Fall ABA Tax Section Meeting in Austin. The presentation was about how to sue someone under § 7434 for filing a false information return.

This past week one of the panelists, Stephen Olson, has blogged more about this subject here and here.  The blogs are worth calling to your attention. He dives a bit deeper into this subject to look at whether an Information Return that states the correct payment amount but is otherwise false and misleading, is sufficient to support suit under § 7434.

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September 27, 2017 in ABA Tax Section, Bryan Camp, Tax, Tax Practice And Procedure | Permalink | Comments (0)

Thursday, September 21, 2017

Suing Someone for a False Information Return

ABA Tax Section (2017)Last week I went to the ABA Tax Section Meeting in Austin and really enjoyed attending a terrific panel on Section 7434.  The moderator was Professor Leslie Book, of Villanova School of Law and the presenters were Stephen Olsen, of Gawthrop Greenwood, PC; and Mandi Matlock, of Texas RioGrande Legal Aid Inc., Austin, TX.  

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September 21, 2017 in ABA Tax Section, Bryan Camp, Tax, Tax Practice And Procedure | Permalink | Comments (2)

Wednesday, September 20, 2017

It's Bigger Than Bitcoins: The Matrix Is Here

ABA Tax Section meetings are fun!  Last week I attended a fascinating panel presentation at the Austin meeting titled "Beyond Bitcoin: Blockchain and the Tax System."  The panel was moderated by Stow Lovejoy, of Kostelanetz & Fink, LLP and included Amanda Wilkie, CIO of Withum Smith & Brown; Tony Tuths, of KMPG in Short Hills; and Lisa Zarlenga, of Steptoe & Johnson.

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September 20, 2017 in ABA Tax Section, Bryan Camp, Miscellaneous, Tax, Tax Conferences | Permalink | Comments (0)