ABA Tax Section Hosts Pathways To Careers In Tax Law Today

The ABA Tax Section hosts a new series on Pathways To Careers In Tax Law today at 12:00 PM EST (register here): 

Please join us for the launch of a new Tax Section series: Pathways to Careers in Tax Law! Seasoned practitioners and active members of the Tax Section will provide a substantive overview of different areas of tax through unique presentations colored by engaging tales from their careers. You will not only gain an understanding of the area of tax law, but will be entertained, inspired and challenged to envision how your own career path can lead you to fulfilling work.

The launch of the Pathways series will also be the Tax Section’s first hybrid event at the new home of our upcoming Hybrid 2022 May Tax Meeting, the Marriott Marquis Washington, DC. You can choose to join in-person for the sessions, lunch and a networking reception, or tune in from your home or office. All attendance is free in exchange for your patience as we explore a new method of delivering content to an at-home and in-person audience simultaneously.

Agenda: These sessions will provide you with the tax law experience from both macro and micro perspectives.

Continue reading

The Tax Lawyer Publishes New Issue

The Tax Lawyer has published Vol. 75, No. 2 (Winter 2022):

• Ryan M. Gurule (FACT Coalition), Captured: Regulating to 1.5C Through Tax and Escaping from Regressive Pitfalls, 75 Tax Law. 233 (2022)
• Christopher H. Hanna (SMU), Corporate Tax Integration: Past, Present, and Future, 75 Tax Law. 307 (2022)
• Xuan-Thao Nguyen (Indiana-McKinney) & Jeffrey A. Maine (Maine), Incentivizing Innovation, 75 Tax Law. 351 (2022)

Continue reading

ABA Tax Section Is Accepting Applications For The Inaugural Loretta Collins Argrett Fellowship

The ABA Tax Section is accepting applications for the inaugural Loretta Collins Argrett Fellowship, due on Sunday, April 3rd, 2022. 

The Loretta Collins Argrett Fellowship seeks to identify, engage, and infuse historically underrepresented individuals into the Tax Section, create a more accessible, equitable, and inclusive pathway into Tax Section leadership, support the expansion, diversification, and inclusiveness of the tax profession, and create a sense of belonging for members looking to become involved with the Section.

The Loretta Collins Argrett Fellowship is a three-year program open to any individual with a diverse background and/or a demonstrated commitment to promoting diversity, equity, and inclusion in the tax bar. The Tax Section aspires to award up to five (5) three-year Fellowships each fiscal year. The Fellowships provide the following benefits:

Continue reading

ABA Tax Section Virtual 2022 Midyear Meeting

This week's ABA Tax Section virtual 2022 Midyear Meeting (program) concludes today. Tax Profs with speaking roles included:

• Consequences of Americans for Prosperity Foundation v. Bonta:  Ellen Aprill (Loyola-L.A.), Lloyd Mayer (Notre Dame)
• ESG and Tax Policy – Responsible Tax Policies for a Better Future:  Susan Gary (Oregon), Janet Milne (Vermont)
• Increases in Math Error Notices:  Leslie Book (Villanova)
• Low-Income SALT – Advocating for Low-Income Taxpayers in State Tax Matters:  Caleb Smith (Minnesota)
• Riding the Tax Reform Wave in Real Time:  Paul Caron (Pepperdine), Susan Morse (Texas)

Continue reading

ABA Teaching Taxation Panel Today On Riding The Tax Reform Wave In Real Time

I am looking forward to moderating the Teaching Taxation Section panel on Riding the Tax Reform Wave in Real Time at today's ABA Tax Section Virtual 2022 Mid-Year Meeting at 12:30-2:00 PM ET:

What are the different ways in which law faculty and practitioners keep up with tax reform proposals, legislative changes, and administrative guidance in the rapidly changing world of tax law? As professionals, we need to be aware of conversations around legislative proposals and any resulting changes that would impact our audience, whether that is law students or clients. What are the best processes and sources of information for staying abreast of pending changes to the tax law? How do we juggle uncertainty as proposals unfold, whether we are teaching students or advising clients? How do we get up to speed as quickly as possible once changes are implemented and guidance follows? The panel – consisting of a tax law professor, law librarian, journalist, and practitioner – will discuss the best practices with simulations.

Continue reading

ABA Tax Section Seeks Nominations For Janet Spragens Pro Bono Award

The ABA Tax Section is soliciting nominations for the 2022 Janet Spragens Pro Bono Award:

The Tax Section pleased to announce that we are accepting nominations for the 2022 Janet Spragens Pro Bono Award given to an individual or law firm for sustained and outstanding achievements in pro bono activities in the tax law. Find the nomination form here.

The criteria for selection of an individual recipient of the award are that (i) the individual be a tax lawyer, whether living or deceased; (ii) the individual is or was a member of the Section of Taxation; and (iii) the individual has, through years of service, demonstrated an ongoing commitment to pro bono activities, particularly in the areas of federal and state taxation.

The criteria for selection of a law firm recipient are that (i) the law firm includes members of the Section of Taxation; and (ii) the law firm has, through years of service of its attorneys, demonstrated an ongoing commitment to pro bono activities, particularly in the areas of federal and state taxation.

Help Create An Inclusive, Diverse, And Equitable ABA Tax Section

Julie Divola (Chair, ABA Tax Section), Help Create an Inclusive, Diverse, and Equitable Tax Section:

I am delighted to announce the launch of the Loretta Collins Argrett Fellowship and the creation of the Justice, Diversity, Equity, and Inclusion (JDEI) endowment fund.

The Loretta Collins Argrett Fellowship seeks to identify, engage, and infuse historically underrepresented individuals into the Tax Section, create a more accessible, equitable, and inclusive pathway into Tax Section leadership, support the expansion, diversification, and inclusiveness of the tax profession, and create a sense of belonging for members looking to become involved with the Section.

The Loretta Collins Argrett Fellowship is a three-year program open to any individual with a diverse background and/or a demonstrated commitment to promoting diversity, equity, and inclusion in the tax bar. The Section aspires to award up to five (5) three-year Fellowships each fiscal year. Applications for the inaugural class of Fellows are due by Sunday, April 3, 2022. Please help us by sharing information about the Fellowship with your networks and colleagues. And please let me know if you have connections or partners who can help us spread the word.

Continue reading

The Tax Lawyer Publishes New Issue

The Tax Lawyer has published Vol. 75, No. 1 (Fall 2021):

• Karen C. Burke (Florida), Sorting Out Partner Payments, 75 Tax Law. 1 (2021)
• Amandeep S. Grewal (Iowa; Google Scholar), Section 265 Disallowance and the PPP Expense Allowance Nightmare, 75 Tax Law. 37 (2021)
• Mindy Herzfeld (Florida), The Role of Professional Organizations in Practice and Policy: How Lawyers Overtook Accountants and Economists in the Early 20th Century Tax Field, 75 Tax Law. 79 (2021)

Continue reading

2021 Tannenwald Tax Writing Competition Winners

The Theodore Tannenwald, Jr. Foundation for Excellence in Tax Scholarship has announced the winners of the 2021 tax writing competition:

First Prize ($5,000):
Mohanad Salaimi (Michigan), Corporate Inversions: Getting on the Tax Reform Train Before It Leaves the Station
Faculty Sponsor: Reuven S. Avi-Yonah

Second Prize ($2,500):
Alexander Pettingell (NYU), A Machine Learning Approach to the Debt-Equity Multifactor Test
Faculty Sponsor: Mitchell Kane

Continue reading

Call For Articles: The Tax Lawyer

The Tax Lawyer is currently accepting submissions for its 2022 Spring and Summer issues. Submit your work by early December to be considered for the Spring issue.

Why publish in The Tax Lawyer?

Continue reading

Pratt: Learning To Live Without Form 1040

Katherine Pratt (Loyola-L.A.), Learning to Live Without Form 1040, 75 Tax Law.__ (2022):

A prominent tax reform proposal made by Michael Graetz in 2008 would replace much of the federal income tax with a Value Added Tax (VAT), a new consumption tax. If enacted, low-income and middle-income Americans would file 120 million fewer federal income tax returns annually. The Plan would convert the mass income tax into a narrow “class” income tax on high-income Americans. Adoption of the Graetz Plan would promote economic growth and reduce the compliance and administrative costs of the federal tax system. Defenders of the mass income tax nonetheless oppose adoption of the Graetz Plan. This Article argues that the Graetz Plan, modified as proposed in this Article, could overcome two major impediments to adoption of the Plan: (1) the difficulty of reconciling the Graetz Plan and existing multipurpose refundable income tax credits administered by the Internal Revenue Service; and (2) the potential loss of beneficial functions that the mass income tax may serve.

Continue reading

ABA Tax Section Women's Tax Forum Hosts Women In Tax Law Student Outreach Panel

ABA Tax Section Women's Tax Forum: Women In Tax Law Student Outreach Panel:

Join the Women in Tax Forum today at 3:00 pm ET (free registration here) for a panel as they provide insight into their careers, advice for how to pursue a career in tax, and share ideas on ways of making tax more inclusive.

Continue reading

Northwestern Offers 4-6 Graduate Tax Program Tuition Scholarships ($69k) To Serve As Student Editors Of The Tax Lawyer

From Philip Postlewaite (Harry R. Horrow Professor in International Law and Director, Northwestern's Graduate Tax Program):

As you know, the Tax Program at Northwestern is the educational affiliate of the ABA’s Tax Section. Each year, four to six LLM-Tax students are selected to serve as editors of The Tax Lawyer, the Tax Section’s flagship journal. In order to encourage highly qualified applicants to apply to, and matriculate at, Northwestern, each student editor receives a Dean’s Scholarship, which is equal to the cost of tuition [$69,350].

We are seeking your assistance in identifying top candidates for these positions. Please inform interested students of this excellent opportunity.

The application deadline for students who are interested in being considered for a position on the editorial board is January 15, 2022.

Continue reading

U.S. Tax Court's Tax Trailblazers: Judge Juan F. Vasquez

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

Please join the United States Tax Court in honoring National Hispanic American Heritage Month. September's webinar will focus on Tax Court Judge Juan F. Vasquez and his path to and success in-the field of tax law. Today at 7:00-8:15 PM EST (register here).

Judge Juan F. Vasquez was born in San Antonio, Texas and graduated from Fox Tech High School and San Antonio Junior College with an Associate's Degree in Data Processing. He received a B.B.A. in Accounting from the University of Texas, Austin, and a J.D. from the University of Houston Law Center. He received his LL.M. in Taxation from New York University School of Law. In addition to being a member of the legal bar, Judge Vasquez is a Certified Public Accountant.

Originally appointed for a 15-year term by President Clinton, Judge Vasquez was reappointed by President Obama for a second 15-year term. Judge Vasquez assumed senior status in 2018 and continues to perform judicial duties on recall.

Continue reading

ABA Tax Section Virtual 2021 Fall Meeting

This week's ABA Tax Section virtual 2021 Fall Meeting (program) kicks off today. The highlight is:

Teaching Taxation: Promoting Diversity, Equity, and Inclusion in Tax: Ideas and Resources for Mentoring Diverse Students and Leading Discussions of DEI in Tax (Wednesday, 12:30 - 2:00 PM ET):

This panel will document the need for greater diversity in the field of tax law − in practice and in Academia – and share ideas to promote this goal, with a focus on law students and recent law school graduates. The panelists will (1) provide information about existing programs to promote DEI in the tax profession, (2) discuss ways to build the tax profession pipeline, to recruit and retain diverse tax attorneys, and to provide strong platforms for professional success, and (3) solicit audience participation and ideas for new initiatives. 

• Alice Abreu (Temple)
• Caroline Ciraolo (Kostelanetz & Fink; Inaugural Vice Chair, Membership, Diversity, and Inclusion, Tax Section Council, ABA)
• Steven Dean (Brooklyn)
• Katie Pratt (Loyola-L.A.) (moderator)
• Juan Vasquez (Judge, U.S. Tax Court)
• Lany Villalobos (Kirkland & Ellis; Assistant Secretary, Tax Section Council, ABA; Immediate Past-Chair, ABA Tax Section Diversity Committee

Other Tax Profs with speaking roles include:

Continue reading

ABA Tax Section Releases 21st Annual Law Student Tax Challenge Problem

The ABA Tax Section has released the J.D. Problem (rules; entry form) and LL.M. Problem (rules; entry form) for the 21st Annual Law Student Tax Challenge:

An alternative to traditional moot court competitions, the Law Student Tax Challenge (LSTC) is organized by the Section’s Young Lawyers Form. The LSTC asks two-person teams of students to solve a 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 to the Section’s Midyear Meeting, where each team presents 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.

Continue reading

The Tax Lawyer Publishes New Issue

The Tax Lawyer has published Vol. 74, No. 4 (Summer 2021):

• Vorris J. Blankenship (Retired Attorney & CPA), The SECURE Act: Retirement Plan Distributions After the Death of a Beneficiary, 74 Tax Law. 629 (2021)
• James Alm (Tulane; Google Scholar) & Jay A. Soled (Rutgers; Google Scholar), Tax Amnesties, Recidivism, and the Need for Reform, 74 Tax Law. 659 (2021)

Continue reading

ABA Tax Section Women's Tax Forum Hosts Zoom Tea Today With Patricia Gimbel Lewis

The ABA Tax Section Women's Tax Forum is hosting a Zoom Tea today with Patricia Gimbel Lewis (Caplin & Drysdale) at 4:30 PM ET:

You're invited to join the next Women in Tax Forum Zoom Tea! Take a 45-minute tea break with us as we chat on Zoom video with leading women tax lawyers from a variety of fields who share stories of success and struggle as we explore individual paths to professional and personal fulfillment.

We're honored to announce that Pat Lewis is joining us in July! With 50 years of experience as a tax attorney, Pat is a true pioneer for women in tax. Pat's practice at Caplin & Drysdale has long focused on transfer pricing issues, competent authority matters, and other aspects of international tax planning and controversy. She has been an advocate for transfer pricing "safe harbors" and other tax simplification approaches. 

Continue reading

2003-2020 Tax Journal Rankings: Tax Law Review Is #1, Virginia Tax Review Is #2

Following up on yesterday's post, 2020 Tax Journal Rankings: Florida Tax Review Is #1, Virginia Tax Review Is #2:  here are the Washington & Lee 2003-2020 tax law review combined rankings of eight major tax journals:

• Columbia Journal of Tax Law ("Columbia")
• Florida Tax Review ("Florida")
• Houston Business & Tax Review ("Houston")
• Pittsburgh Tax Review ("Pittsburgh")
• Tax Law Review ("NYU")
• Tax Lawyer ("ABA")
• Tax Notes Federal ("Tax Notes")
• Virginia Tax Review ("Virginia")

The rankings are based on the annual combined rankings in 2003-2020 among these eight journals by:

• Impact Factor (citations/number of articles published)
• Citations in Law Reviews
• Citations in Cases (federal and state courts)
• Currency (how rapidly articles are cited)

Ave	Journal	20	19	18	17	16	15	14	13	12	11	10	09	08	07	06	05	04	03
1.7	1. NYU	3	2	3	3	2	2	2	2	2	1	1	1	1	1	1	1	1	1
2.5	2. Virginia	2	4	4	1	1	1	1	1	1	2	2	2	3	4	4	4	4	4
2.7	3. Florida	1	1	1	2	3	4	3	3	3	4	4	4	4	3	2	2	3	2
3.1	4. Tax Notes	4	3	2	4	4	3	4	4	4	3	3	3	2	2	3	3	2	3
5.4	5. ABA	NR	6	NR	5	5	5	5	5	6	5	6	6	6	6	5	5	5	5
7.9	6. Houston	NR	NR	NR	10	9	7	6	6	7	7	7	8	8	9	8	8	9	9
7.9	7. Pittsburgh	NR	NR	NR	8	8	8	7	8	5	6	5	5	5	22	NR	NR	NR	NR
11.3	8. Columbia	5	5	NR	6	6	10	10	13	14	33	NR	NR	NR	NR	NR	NR	NR	NR

Tax Notes Federal fares poorly in the Impact Factor category (citations/number of articles published) because W&L apparently counts as "articles" all of the advance sheet material in Tax Notes Federal.

Tax Notes Federal is #1 by a wide margin in the number of citations in law reviews:

Continue reading

2020 Tax Journal Rankings: Florida Tax Review Is #1, Virginia Tax Review Is #2

Washington & Lee has just released the 2020 tax law review rankings of six major tax journals:

• Columbia Journal of Tax Law ("Columbia")
• Florida Tax Review ("Florida")
• Tax Law Review ("NYU")
• Tax Lawyer ("ABA")
• Tax Notes Federal ("Tax Notes")
• Virginia Tax Review ("Virginia")

The rankings are based on citations to articles published in 2016-2020 (methodology):

• Impact Factor (citations/number of articles published)
• Citations in Law Reviews
• Citations in Cases (federal and state courts)
• Combined (weighted combination of the above rankings)
• Currency (how rapidly articles are cited)

	Combined	Impact	Journals	Cases	Currency
1. Florida	11.12	0.69	161	1	1.43
2. Virginia	10.90	0.75	135	1	1.19
3. NYU	10.64	0.62	166	0	1.11
4. Tax Notes	8.92	0.01	290	1	0.02
5. Columbia	8.10	0.58	93	0	1.18
ABA	NR	NR	NR	NR	NR

Continue reading

Call For Articles: The Tax Lawyer

Why Publish in The Tax Lawyer?:

“As an author, I always welcome the opportunity to publish with The Tax Lawyer, the outstanding peer-reviewed tax journal that reaches the widest possible audience of academics, practitioners, and government officials. The Tax Lawyer editors and staff are dedicated to ensuring publication in a timely manner of the highest quality articles, consistent with the publication’s commitment to serve the wider tax community and deepen understanding of significant tax issues.” —Karen Burke, University of Florida Levin College of Law

“The Tax Lawyer is unique among tax journals for its focus on cutting-edge practical long-form scholarship. It is the only publication whose editorial board consists both of deeply experienced practitioners and academics, and whose audience reflects the diversity of practice one finds in the ABA Tax Section.” —Bryan Camp, Texas Tech University School of Law

Continue reading

U.S. Tax Court's Tax Trailblazers: Judges Joseph Gale And Albert Lauber

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

Please join the United States Tax Court for the next in its series of monthly programs celebrating diversity and inclusion in tax law.

Moderated by Judge Tamara W. Ashford, June’s webinar celebrates LGBTQ+ Pride Month with its focus on Tax Court Judges Joseph H. Gale and Albert G. Lauber. Today at 7:00-8:15 PM EST (register here).

Judge Joseph H. Gale holds an A.B. in Philosophy from Princeton University and a J.D from the University of Virginia School of Law. He practiced law as an Associate Attorney with Dewey Ballantine and with Dickstein, Shapiro and Morin before working on Capitol Hill. He served as Tax Legislative Counsel for Senator Daniel Patrick Moynihan, and in several positions, including Chief Tax Counsel and minority Staff Director and Chief Counsel for the Senate Finance Committee, before being appointed to the Tax Court for his initial term by President Clinton. Judge Gale was reappointed by President Obama for a term ending in 2026.

Continue reading

The Tax Lawyer Transitions Editorial Leadership

ABA, The Tax Lawyer Transitions Editorial Leadership:

Longtime member of The Tax Lawyer editorial team William H. Lyons ends his service as Associate Editor-in-Chief with the journal’s summer 2021 issue. As an editor for the journal since 2007, Lyons has reviewed submissions and edited articles accepted for publication other than the articles reviewed and edited by the journal’s State and Local Tax team. Lyons is the Richard H. Larson Professor of Tax Law Emeritus at the University of Nebraska College of Law. ...

The incoming Associate Editor-in-Chief is Gil Rothenberg, who currently serves as Adjunct Professor of Law at American University’s Washington College of Law. Rothenberg was a long-time attorney in the Justice Department Tax Division’s Appellate Section. He served 15 years as Chief of the Appellate Section overseeing a staff of about 50 attorneys and support personnel. Rothenberg began his Tax Lawyer work in May. ...

Continue reading

The Tax Lawyer Publishes New Issue

The Tax Lawyer has published Vol. 74, No. 3 (Spring 2021):

• Daniel S. Goldberg (Maryland), “Partnership Revaluations: Book-Ups Are Your Friends (Usually)”— Planning with Revaluations and Their Interplay with Section 704(c), 74 Tax Law. 345 (2021)
• Anthony C. Infanti (Pittsburgh; Google Scholar), Hegemonic Marriage: The Collision of “Transformative” Same-Sex Marriage with Reactionary Tax Law, 74 Tax Law. 411 (2021)
• Douglas A. Kahn (Michigan) & Jeffrey H. Kahn (Florida State), Recovery for Causing Tax Overpayment— Lyeth v. Hoey and Clark Revisited, 74 Tax Law. 437 (2021)
• Andrew L. Lawson (Arkansas; Google Scholar), When Does a BBA Partnership Terminate?, 74 Tax Law. 465 (2021)
• David S. Miller (Proskauer, New York), The Tax Guide to Offshore Lending, 74 Tax Law. 523 (2021)

Continue reading

ABA Tax Section Women's Tax Forum Hosts Zoom Tea Today With Angela Spencer-James

The ABA Tax Section Women In Tax Forum is hosting a Zoom Tea today with Angela Spencer-James (C-Suite Advisor, Global DEI Leader, and former EY Partner/Principal) at 4:30 PM ET:

You're invited to join the next Women in Tax Forum Zoom Tea! Take a 45-minute tea break with us as we chat on Zoom video with leading women tax lawyers from a variety of fields who share stories of success and struggle as we explore individual paths to professional and personal fulfillment.

We're thrilled to announce Angela Spencer-James is joining us in June! Angela is a senior business executive with a track record of success in leadership roles directing client and internal firm initiatives. Angela recently capped a 27-year career with EY (1991-1993, 1997-2020), including as Partner for more than 16 years using her technical tax expertise advising clients. As a Principal and leader in U.S. Federal Tax Consulting, she was also responsible for creating a successful tax business platform, including all aspects of general management, marketing, sales, product development, employee management, and P&L management.

Continue reading

Meet The Authors Today On Zoom: From The Texas Cotton Fields To The U.S. Tax Court

Meet the Authors: From the Texas Cotton Fields to the United States Tax Court: The Life Journey of Juan F. Vasquez today at 4:30 PM ET:

Continue reading

ABA Tax Section Virtual 2021 May Meeting

The ABA Tax Section virtual 2021 May Meeting continues today (program). Today's highlight:

Teaching Taxation: Law Schools and Access to Tax Justice 12:30 PM ET:
How can law schools help improve access to tax justice? Panelists will present models of law school courses through which students provide tax services or representation to taxpayers, or for which access to justice is the primary subject of the course. The panel will engage a variety of perspectives including different areas of tax law, different pedagogical approaches, and different institutional commitments by the law schools. Topics will include Volunteer Income Tax Assistance, Low-Income Taxpayer Clinics, a seminar on Taxes and Social Justice, a Business Tax Practicum, and the Adopt-a-Base program.

• Alice Abreu (Temple)
• Michelle Lyon Drumbl (Washington & Lee) (moderator)
• C. Wells Hall III (Nelson Mullins, Charlotte, NC)
• Matthew T. James (Temple)
• Francine Lipman (UNLV)
• Manoj Viswanathan (UC-Hastings)

Other Tax Profs with speaking roles include:

Continue reading

ABA Tax Section May Meeting Kicks Off Today With The Emergence Of Analytics For Tax Positions

The ABA Tax Section virtual 2021 May Meeting kicks off today (program). Today's highlight:

Benjamin Alarie (Osler Chair in Business Law, University of Toronto Faculty of Law; Co-Founder & CEO, Blue J Legal), The Emergence of Analytics for Tax Positions at 2:30 PM ET:

When defending a client’s position to the IRS or a judge, it can be hard to ensure you are making the strongest possible argument for the client’s position, mitigating the risk of the position being successfully challenged and providing time- and cost-effective service for your client. Join us as we discuss how leading tax professionals are using advanced analytics tools to strengthen client positions and gain an advantage in settlement discussions by:

• Using artificial intelligence to identify the strength of a position with greater than 90% accuracy;
• Testing the effect of various changes to the facts on the strength of the position;
• Gaining a comprehensive view of the law by identifying authorities and guidance that may pose a risk to the position or can be used to support it;
• Providing independent, 3rd party reports to foster favorable resolutions

Continue reading

ABA Tax Section Webinar Today On State Tax And Economic Policy Responses To COVID-19

The ABA Tax Section hosts a CLE webinar today on State Tax and Economic Policy Responses to the Ongoing COVID Pandemic at 1:00 PM - 2:35 PM EST (registration):

In March, 2020, Congress enacted the Coronavirus Aid, Relief, and Economic Security (CARES) Act to ameliorate economic shocks to U.S. households from the COVID pandemic and lockdowns. Although the CARES Act provided $150 billion in funds to states and local governments, those funds are not enough to stem the tide of the challenges states and local governments are facing today. State and local governments must therefore raise revenue themselves, and do so with a smaller fiscal toolbox than that available to the federal government. Panelists, including experts in tax, economics, and public policy will discuss state tax and related policy responses to COVID economic relief going forward. What policy tools do state and local governments have to manage this enormous shock? How can they raise revenue while also protecting vulnerable businesses and households harmed by the pandemic?

• Gladriel Shobe (BYU) (moderator)
• Ariel Jurow Kleiman (San Diego; moving to Loyola-L.A.)
• Erin Scharff (Arizona State)

Continue reading

The Tax Lawyer Publishes New Issue

The Tax Lawyer has published Vol. 74, No. 2 (Winter 2021):

• Nathan R. Brown (McDermott Will & Emery), Raj A. Malviya (Miller Johnson) & Brandon A.S. Ross (J.P. Morgan Private Bank), Ten Common GST Planning Mistakes, 74 Tax Law. 165 (2021)
• Stephanie Hunter McMahon (Cincinnati), The Taxpayer Bill of Rights and the Right to Be Informed: The Positive or Negative Way You Look at It, 74 Tax Law. 195 (2021)
• Shay Moyal (S.J.D. 2020, Michigan; Davis Polk & Wardwell, New York), Section 267A and the Taxation of Hybrid Mismatches Under the Code, 74 Tax Law. 231 (2021)
• Anthony P. Polito (Suffolk), Corporate Tax Integration and the TCJA: How Near the Mark?, 74 Tax Law. 267 (2021)

Continue reading

ABA Tax Section Virtual 2021 Midyear Meeting

The ABA Tax Section Virtual 2021 Fall Midyear Meeting continues today. The full program is here. The highlight is State Tax and Economic Policy Responses to the Ongoing COVID Pandemic (Teaching Taxation Committee (Wednesday, 12:30 − 2:00 PM ET)):

In March, 2020, Congress enacted the Coronavirus Aid, Relief, and Economic Security (CARES) Act to ameliorate economic shocks to U.S. households from the COVID pandemic and lockdowns. Although the CARES Act provided $150 billion in funds to states and local governments, those funds are not enough to stem the tide of the challenges states and local governments are facing today. State and local governments must therefore raise revenue themselves, and do so with a smaller fiscal toolbox than that available to the federal government. Panelists, including experts in tax, economics, and public policy will discuss state tax and related policy responses to COVID economic relief going forward. What policy tools do state and local governments have to manage this enormous shock? How can they raise revenue while also protecting vulnerable businesses and households harmed by the pandemic?

• Chris Hoene (Executive Director, California Budget & Policy Center)
• Ariel Jurow Kleiman (San Diego)
• Erin Scharff (Arizona State)
• Darien Shanske (UC-Davis)
• Gladriel Shobe (BYU) (moderator)

Other Tax Profs with speaking roles include:

Continue reading

The Tax Lawyer Publishes New Issue

The Tax Lawyer has published Vol. 74, No. 1 (Fall 2020):

• W. Edward Afield (Georgia State), Moving Tax Disputes Online Without Leaving Taxpayer Rights Behind, 74 Tax Law. 1 (2020)
• Vorris J. Blankenship (Retired Attorney and CPA), Distributions to Beneficiaries of Tax-Favored Retirement Plans, Before and After the SECURE Act, 74 Tax Law. 43 (2020)
• David Hasen (Florida), Section 338 and the Step Transaction Doctrine, 74 Tax Law. 105 (2020)

Continue reading

ABA Tax Section Women's Tax Forum Hosts Zoom Tea Today With Alice Abreu

The ABA Tax Section Women's Tax Forum is hosting a Zoom Tea today with Alice Abreu (Temple) at 4:30 PM ET:

Take a 30-minute tea break with us as we chat on Zoom video with leading women tax lawyers from a variety of fields who share stories of success and struggle as we explore individual paths to professional and personal fulfillment.

We're thrilled to announce Alice Abreu is joining us this Friday! Alice is a Professor of Law at Temple University's Beasley School of Law, where she teaches courses in Taxation, Corporate Taxation, International Taxation, and Low Income Taxpayer Policy and Practice and is serving as the inaugural Director of Temple's Center for Tax Law and Public Policy.

Continue reading

ABA Tax Section Military VITA Pro Bono Project Seeks Writers For State Tax Guide

From James Steele (Morgan, Lewis & Bockius, Washington, D.C.):

As part of the ABA Tax Section's Military VITA pro bono effort, we have recently taken over an important, ongoing resource for Military VITA sites. We will be updating and maintaining, on a go-forward basis, a State Tax Guide that compiles relevant state income tax topics and issues that are specific to members of the Military. For reference, and as a way to provide a sense of the volunteer commitment, I have attached a sample state from the current version of the Guide. The state-specific guides range from one to four pages, and the volunteer's job is simply to review and make any relevant updates to ensure accuracy and repeat this task each December in preparation for tax season.

We are looking for one or more volunteers to adopt each state with a state income tax, plus Washington, DC, to help review and update the Guide. By dividing the document by state, the time commitment of each volunteer should be very minimal. If you are interested in signing up for more than just your state, we welcome that too. The audience for the Guide is Military members (often with no prior tax background), so we are trying to keep it very readable and limit it to the most common issues. This volunteer opportunity is ideal for new attorneys, retired attorneys, non-attorneys, and anyone in between. It also could be a group effort at a firm. No prior experience is necessary, and the information is easily attainable by researching online.

Continue reading

Johnson & Johnson Debate Gitlitz

Point: Calvin H. Johnson (Texas), The Supreme Court’s Statutory Interpretation in Gitlitz: A Failed Approach to Interpretation and a Bad Decision, 40 ABA Tax Times (Fall 2020):

The Supreme Court’s decision in Gitlitz v. Commissioner is an irresponsible decision disrupting the logic of tax for the benefit only of abuse. In Gitlitz the Supreme Court gave the equivalent of a double deduction, both an appropriate exclusion of cancellation of indebtedness income for an insolvent Subchapter S corporation and also an inappropriate increase in shareholder basis. The combination of the exclusion and shareholder basis generated a tax loss that had no economic substance, a loss that in Judge Posner’s wonderful phrase “did not impinge on the world.” ...

The approach in Gitlitz allowing an absurd tax deduction shows a hostility to the tax system that is inappropriate for a court in its role as a faithful servant. There are fundamental principles underlying the tax law, including antagonism to double deductions and deduction of phantom losses. The Supreme Court has a duty to interpret tax law in favor of coherent principle, and Gitlitz violates fundamental principle.

Counterpoint: Steve Johnson (Florida State), The Constitution Is More Important than a Few Tax Dollars Squandered by Congress: Gitlitz Was Correctly Decided, 40 ABA Tax Times (Fall 2020):

Gitlitz was decided two decades ago, and its practical import was rapidly nullified when Congress amended the statute to remove the glitch in the statute Congress originally enacted. That being so, is Gitlitz worth our time and thought today? Yes, it is. In Gitlitz, the Supreme Court reminded us that the constitutional separation of powers principle is for the long term and should not be eroded by yielding to temptations of the moment.

My respect for Professor Calvin Johnson is great, but so is my conviction that, in this instance, his view is unwise.

Continue reading

Kahn & Kahn: Recovery For Causing Tax Overpayment — Lyeth v. Hoey And Clark Revisited

Douglas A. Kahn (Michigan) & Jeffrey H. Kahn (Florida State), Recovery for Causing Tax Overpayment - Lyeth v. Hoey and Clark Revisited, 74 Tax Law. ___ (2021):

The question has arisen in numerous cases as to the extent to which a settlement between arms’ length parties is dispositive in tax cases of the claims on which the settlement is based. Another issue that often arises is whether the receipt of compensation for a tax payment that was incurred because of the negligence of the payor is excluded from gross income. While those two issues were central to the proper resolution of a recent case in the United States Court of Appeals for the Eleventh Circuit, McKenny v. United States [No. 18-10810 (11th Cir. Sept. 30, 2020)], the court failed even to note one of those issues and did not resolve the other. The court’s failure to deal with those two issues led it to reach an incorrect result.

The two landmark cases establishing the doctrines that should have been applied in McKenny are the Supreme Court’s decision in Lyeth v, Hoey [305 U.S. 188 (1938)] and the decision of the Board of Tax Appeals (now known as the Tax Court) in Clark v. Commissioner [40 B.T.A. 333 (1939)]. Using McKenny as a springboard, this article reviews the continued misapplication and sometimes disparagement of the Lyeth v. Hoey and Clark v. Commissioner reasonings.

Continue reading

2020 Tannenwald Tax Writing Competition Winners

The Theodore Tannenwald, Jr. Foundation for Excellence in Tax Scholarship has announced the winners of the 2020 tax writing competition:

First Prize ($5,000):
Ryan Bullard (North Carolina), I Am “QOZ,” The Great and Terrible: A Policy Analysis of the Qualified Opportunity Zone Nominations Process
Faculty Sponsor:  Leigh Osofsky

Second Prize ($2,500):
Heydon Wardell-Burrus (Harvard), Blending Under A Global Minimum Tax
Faculty Sponsor:  Alvin C. Warren, Jr.

Continue reading

Afield: Moving Tax Disputes Online Without Leaving Taxpayer Rights Behind

W. Edward Afield (Georgia State), Moving Tax Disputes Online Without Leaving Taxpayer Rights Behind, 74 Tax Law. ___ (2020):

As the Service’s technological infrastructure continues to show its age, both the Service and Congress appear to be recognizing the importance of the Ser-vice having technological infrastructure that allows it to take advantage of the capabilities of modern computing systems to improve both its enforcement and service efforts. The National Taxpayer Advocate has entered this conversation as well, encouraging Congress and the Service to prioritize improvements to the Service’s technological infrastructure but simultaneously raising legitimate concerns about the impact that an overreliance on technology might have on taxpayer rights, particularly rights of vulnerable population groups who may not be able to utilize technology.

Fortunately, increasing technological deployment as part of taxpayer service is not a zero sum game that requires sacrificing taxpayer rights in the name of efficiency. The Service can accomplish the goal of deploying technology in a pro-taxpayer rights manner if it brings considerations of affirming taxpayer rights to the forefront of its deliberations about how best to utilize technology. Both the academic literature and Service strategic documents have focused on a wide variety of taxpayer interactions with the Service in proposing how this can be done. There is one type of interaction, however, that has thus far been underexplored both in the academic literature and in the Service’s strategic efforts to move more of its taxpayer interactions online: taxpayer controversy resolution.

This Article argues that the Service has insufficiently considered whether it can increase its use of technology-based interactions with taxpayers in the controversy-resolution process in a manner that both achieves efficiency gains and affirms taxpayer rights. Specifically, three areas in controversy resolution could lend themselves to such rights-affirming technological implementation.

Continue reading

This Week's Ten Most Popular TaxProf Blog Posts

1. Stephen Moore (Wall Street Journal op-ed),  The Best Stimulus: 0% Income Tax
2. National Student Clearinghouse Research Center, Freshmen Enrollment Is Down 16% This Fall
3. Pittsburgh Post-Gazette, Pitt Law Adjunct Prof Resigns After Using N-Word In Class On Offensive Speech
4. Bryan Camp (Texas Tech), Lesson From The Tax Court: §6662 Penalties Treated As One For Supervisory Approval Requirement
5. Brian Frye (Kentucky), Pounded In The Butt By My Self-Plagiarized Tingler Negging Legal Scholarship
6. Vox, Mark Zuckerberg Has Spent Over $10 Million To Overhaul California's Proposition 13 Tax Law
7. NALP, Bar Passage Required Jobs Rate Of 80% For Whites Compared To 62% For Blacks Shows 'Systemic Preference' For White Law Grads Over Black Law Grads
8. Wired, Meet The Excel Warriors Saving The World From Spreadsheet Disaster
9. Shaun Ossei-Owusu (Penn), For Minority Law Students, Learning The Law Can Be Intellectually Violent
10. The Graphic, Faculty And Staff Find Silver Linings Amid Loss And Isolation During COVID-19

ABA Tax Section Hosts Free Webinar Today On The Tax System and Social Policy

The ABA Tax Section hosts a free webinar today on The Tax System and Social Policy at 1:00 ET:

The tax system has been used with increasing frequency as a social policy tool to administer social programs. From the Earned Income Tax Credit to the recent Economic Impact Payments, the IRS has been asked to do more with an ever decreasing budget. While the tax system may be an attractive vehicle to administer certain payments or benefits, it can also pose challenges. Panelists will examine the history of the tax code as a way to administer social programs. Panelists will then evaluate certain programs and discuss some advantages and disadvantages of administering these programs through the tax code. In particular, panelists will discuss the recent Economic Impact Payments and some of the challenges with administering these payments successfully. Lastly, panelists will propose some changes and alternatives to the way programs are administered to better serve the communities that are most in need of these benefits.

Speakers:

Continue reading

ABA Tax Section Accepting Nominations for 2021-2023 Public Service Fellowships

The ABA Tax Section is accepting applications for Christine A. Brunswick Public Service Fellowships for 2021-2023:

The American Bar Association Section of Taxation is pleased to announce that it is now accepting applications for its Christine A. Brunswick Public Service Fellowship program class of 2021-2023. Developed in 2008, the Fellowship program seeks to address the growing need for tax legal assistance and to foster a greater interest in tax-focused public service through funding and other support to young lawyers engaged in tax work for underserved communities.

Other important aspects of the fellowship program:

• The fellowship award includes student loan assistance;
• Fellows have incredible access to ABA Tax Section meetings and the tax community; and
• The positive career trajectories of the prior fellowship recipients (see list here). They are great resources on the fellowship for interested parties.

The deadline for applications is November 2, 2020.

Continue reading

Infanti: Hegemonic Marriage — The Collision Of 'Transformative' Same-Sex Marriage With Reactionary Tax Law

Anthony C. Infanti (Pittsburgh), Hegemonic Marriage: The Collision of 'Transformative' Same-Sex Marriage with Reactionary Tax Law, 74 Tax Law. ___ (2021):

Before there was a culture war in the United States over same-sex marriage, there was a battle between opponents and proponents of same-sex marriage within the LGBTQ+ community. Some within the LGBTQ+ community opposed same-sex marriage because of the long patriarchal history of marriage and the more consequential need to bridge the economic and privilege gap between the married and the unmarried. On the other hand, LGBTQ+ proponents of same-sex marriage saw marriage as a civil rights issue because of the central importance of marriage in American society. They sensed a profound wrong in the denial of the benefits of marriage to same-sex couples when those couples carried on lives no different from their heterosexual counterparts, save for the legal recognition of their relationships as a “marriage.” Proponents also lauded the transformative potential of same-sex marriage, contending that it could upset the patriarchal nature of marriage and help to refashion marriage into something new and better. Opponents, of course, feared the hegemony of heterosexual marriage in the United States and argued that same-sex marriage would not transform American society at all.

This essay looks back at that debate through the lens of the federal tax definition of “marriage” before and after the U.S. Supreme Court’s decisions in United States v. Windsor and Obergefell v. Hodges.

Continue reading

ABA Tax Section Virtual Meeting

The ABA Tax Section Virtual 2020 Fall Meeting kicks off today. The full program is here. Today's highlight is Beyond CARES: Tax and Economic Policy Responses to the Ongoing COVID Pandemic (Teaching Taxation Committee (10:00 − 11:30 AM ET)):

In March, 2020, Congress enacted the Coronavirus Aid, Relief, and Economic Security (CARES) Act to ameliorate economic shocks to U.S. households from the COVID pandemic and lockdowns. The CARES Act included temporary: (1) Economic Impact Payments to individuals and families of up to $1,200 per adult (subject to income limitations) and $500 per child under 17 years old; (2) Paycheck Protection Program (PPP) forgivable loans to businesses, including independent contractors, to cover up to eight weeks of payroll costs or to pay interest on mortgages, rent, and utilities; and (3) supplemental Federal Pandemic Unemployment Compensation (FPUC) of $600 per week. Following expiration of CARES Act relief, the question is: what new COVID economic relief package is advisable? Members of Congress and policymakers disagree about the best approaches to counteract the continuing economic shocks to households from the pandemic. Panelists, including experts in tax, economics, and public policy will discuss tax and related policy responses to COVID economic relief going forward. Panel topics include proposals: to expand and increase the Earned Income Tax Credit; to expand and increase the Child Tax Credit; to reduce payroll taxes; to extend FPUC benefits; to increase federal subsidies to states; and to enact a federal VAT or Carbon Tax, which could fund an expanded EITC or Child Tax Credit or a lump sum Basic Income for Americans. Panelists will consider potential gender, racial, and socio-economic disparities in the economic impact of (1) the COVID pandemic and (2) pandemic relief proposals.

Speakers:

Continue reading

Tax Consequences On The Sale Of Encumbered Property: Recourse v. Nonrecourse Debt

Kenneth Weil, Recourse and Nonrecourse Debt: What Are the Federal Income Tax Consequences When the Character of Debt Changes, 74 Tax Law. ___ (2020):

When encumbered property is sold, the taxation of that sale is different if the sale involves recourse debt as opposed to non-recourse debt. This difference raises an intriguing question: when debt changes from recourse debt to non-recourse debt or vice versa, which rules will control? Examples of when debt changes from recourse to non-recourse or vice versa include bankruptcy discharges, foreclosures in a state with anti-deficiency statutes, some short sales in deficiency states, and the operation of Bankruptcy Code section 1111(b).

The Cottage Savings regulations, Regulation section 1.1001-3, have specific provisions designed to answer the question what happens when debt changes from recourse to non-recourse or vice versa.

Continue reading

ABA Tax Section Releases 20th Annual Law Student Tax Challenge Problem

The ABA Tax Section has released the J.D. Problem (rules; entry form) and LL.M. Problem (rules; entry form) for the 20th Annual Law Student Tax Challenge (infographic):

An alternative to traditional moot court competitions, the Law Student Tax Challenge (LSTC) is organized by the Section’s Young Lawyers Form. The LSTC asks two-person teams of students to solve a 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 to the Section’s Midyear Meeting, where each team presents 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.

Continue reading

Field: Tax MACs — A Study of M&A Termination Rights Triggered By Material Adverse Changes In Tax Law

Heather M. Field (UC-Hastings), Tax MACs: A Study of M&A Termination Rights Triggered by Material Adverse Changes in Tax Law, 73 Tax Law. 823 (2020):

A “Tax MAC” provision—one that triggers termination or other rights upon a material adverse change in tax law—can be crucial to a business deal if a change in tax law would change a party’s interest in consummating the deal, particularly at the specified price and on the articulated terms. Tax MAC provisions may be particularly important when taxpayers make business decisions in a political climate like today’s, when tax laws could change again, perhaps dramatically, if control of Congress and the White House changes. Yet little has been written about Tax MAC provisions. In response, I studied Tax MAC provisions included in publicly filed M&A agreements from the past five years, focusing on provisions that could trigger termination of the deal if tax laws change adversely. This Article details the findings of that study.

Continue reading

The Tax Lawyer Publishes New Issue

The Tax Lawyer has published Vol. 73, No. 4 (Summer 2020):

• Leslie Book (Villanova) & Marilyn Ames (IRS Office of Chief Counsel (retired)), The Morass of the Anti-Injunction Act: A Review of the Cases and Major Issues, 73 Tax Law. 773 (2020)
• Bridget J. Crawford (Pace) & Jonathan G. Blattmachr (Milbank, New York), Basis and Bargain Sales: Income Tax and Other Concerns, 73 Tax Law.  801 (2020)
• Heather M. Field (UC-Hastings), Tax MACs: A Study of M&A Termination Rights Triggered by Material Adverse Changes in Tax Law, 73 Tax Law. 823 (2020)

Continue reading

ABA Tax Section Hosts Free Webinar Today On Careers In Tax Law

The ABA Tax Section hosts a free virtual program on Careers in Tax Law today at 12:00 - 1:15 pm ET (9:00 - 10:15 am PT):

The program is intended for summer associates, law clerks, law students, and young lawyers who may be considering a career in tax law. Panelists will discuss their own career paths, provide advice, and give their perspective on the practice of federal tax law.

• Michael J. Desmond (Chief Counsel, IRS)
• Diana L. Erbsen (Partner, DLA Piper)
• Maurice B. Foley (Chief Judge, U.S. Tax Court)

Continue reading

2020-22 ABA Tax Section Public Service Fellows

The 2020-2022 Christine A. Brunswick Public Service Fellowship Class:

• Shailana Dunn-Wall, a graduate of University of Nebraska College of Law, will work with Legal Aid of Nebraska to educate residents throughout Nebraska on the benefits of the Earned Income Tax Credit in an effort to increase the percentage of eligible taxpayers who claim the credit by filing a tax return.
• Terri Morris, a graduate of University of Richmond School of Law, will work with the Community Tax Law Project of Richmond, Virginia, on their Fight Against Financial Abuse project. Through this initiative, Terri will advocate, educate and engage local domestic violence survivors on tax issues surrounding financial abuse.

Continue reading

ABA Tax Section Hosts Free CLE Webinar Today On Race And The Internal Revenue Code

The ABA Tax Section hosts a free CLE webinar on Race and the Internal Revenue Code today at 1:00 pm to 2:35 pm ET:

As the nation focuses on the many racial inequities that permeate society, this free webinar will explore how the federal tax code, state and local taxes and international taxation impact racial inequality.

The panel will feature a demonstration of a recently released interactive feature that traces IRS Form 1040 line by line to examine the impact of the federal tax code on racial and economic inequality. The panel will further explore the impact of colorblind tax data on social policy. Panelists will also discuss the racial inequities perpetuated through taxable treatment of employment discrimination damages and how race intersects with international tax law and policy.

Continue reading