Paul L. Caron
Dean




Wednesday, June 23, 2021

New Taxes For COVID-19 Measures And The Role Of Trust

Erick Lachapelle (Montreal; Google Scholar), Thomas Bergeron (Toronto & Montreal, Google Scholar), Richard Nadeau (Montreal; Google Scholar), Jean-François Daoust (Edinburgh; Google Scholar), Ruth Dassonneville (Montreal; Google Scholar), & Eric Belanger (McGill; Google Scholar), Citizens' Willingness to Support New Taxes for COVID-19 Measures and the Role of Trust:

The COVID-19 public health pandemic saw governments spend trillions of dollars to limit the spread of the COVID-19 virus as well as to soften the economic blow from the shutting down of national economies. Subsequent budget shortfalls raise the question of how governments will pay for the direct and indirect costs associated with the COVID-19 pandemic. In this paper, we study the public’s willingness to contribute through paying a new tax. We find that both generalized social and political trust are associated with a greater willingness to support a COVID-related tax and that generalized social trust in particular attenuates the negative effect of an experimentally manipulated, specified level of tax burden on policy support. 

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June 23, 2021 in Scholarship, Tax, Tax Scholarship | Permalink

Tuesday, June 22, 2021

Pittsburgh Tax Review Publishes New Issue

The Pittsburgh Tax Review has published Vol. 18, No. 2 (2021):

Pittsburgh Tax Review (2021)

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June 22, 2021 in Scholarship, Tax, Tax Scholarship | Permalink

The All Events Tests In An Era Of Self-Regulation

Glenn Walberg (Vermont), The All Events Tests in an Era of Self-Regulation, 12 Wm. & Mary Bus. L. Rev. 329 (2021):

Accrual-method taxpayers must use the all events tests to account for rights and liabilities under contracts for sales of goods and services. These longstanding tests evolved from transactions that involved relatively straightforward exchanges of goods or services for payments, and the tests currently reflect an expectation that a taxpayer will usually make an accrual when a seller’s performance fixes the contracting parties’ respective right to and liability for payment. Business practices have changed such that many sales now occur in relationships where contracting parties assume, monitor, and enforce process-related obligations, including adoptions of codes of conduct by members of global supply chains.

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June 22, 2021 in Scholarship, Tax, Tax Scholarship | Permalink

Moving Toward A Competency-Based Model For Fostering Law Students' Relational Skills

Susan L. Brooks (Drexel), Marjorie A. Silver (Touro), Sarah Fishel (Drexel) & Kellie Wiltsie (Drexel), Moving Toward a Competency-Based Model for Fostering Law Students' Relational Skills, 28 Clinical L. Rev. __ (2022):

Legal education has long been criticized for failing to provide adequate professional training to prepare graduates for legal practice realities. Many sources have lamented the lack of sufficient attention to the range of competencies necessary for law graduates to be effective practitioners and develop a positive professional identity, including those that are intra-personal, such as self-awareness, critical self-reflection, and self-directedness; those that are interpersonal, such as deep and reflective listening, empathy, compassion, cross-cultural communication, and dialogue; and those that engage with the social/systemic dimension of lawyering, such as appreciating the role of multiple identities, implicit bias, privilege and power, and structural racism. For this article, we refer to this entire set of competencies as relational competencies. One notable exception to this sustained critique of legal education has been the field of clinical legal education, including law school clinics and externships.

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June 22, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Wellness And Law: Reforming Legal Education To Support Student Wellness

Janet Thompson Jackson (Washburn), Wellness and Law: Reforming Legal Education to Support Student Wellness, 65 How. L. J. __ (2021):

No one goes to law school with the expectation that their mental health and overall well-being will be significantly compromised during those three years. But, for a substantial number of law students, it is. It does not have to be this way.

This is not a typical law review article. It cannot afford to be. Most law students begin law school as reasonably happy and well-adjusted people. We must ask, what is it about law school that contributes to the disproportionate decline in student wellness? The answer to that question is complex because many of the very factors that make good lawyers also contribute to their mental health challenges.

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June 22, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Inequality Of Wealth Ownership And The Problem Of Perpetuities Repeal

Kent D. Schenkel (New England), Inequality of Wealth Ownership and the Problem of Perpetuities Repeal: A Review of Eric Kades, of Piketty and Perpetuities: Dynastic Wealth in the Twenty-First Century (and Beyond), 60 B.C. L. Rev. 145 (2019):

Thanks in part to the French economist Thomas Piketty, it is no longer a secret that wealth ownership globally, and in the United States perhaps most strikingly, is highly skewed, with a very small number of persons owning the vast majority of capital. The findings set out by Piketty in his enormously popular book, Capital in the Twenty-First Century, are of particular interest. In his blockbuster tome, Piketty pointed out that when the rate of return to capital exceeds the rate of economic growth, capital becomes dominant. Further predicting that rates of growth are very likely to be less than returns to capital going forward, Piketty concluded that inheritance, not work, will largely determine who gets what in the future. In light of Piketty’s findings and predictions, can we afford to be sanguine about jurisdictions eliminating their Rules Against Perpetuities?

Eric Kades, in his article entitled Of Piketty and Perpetuities: Dynastic Wealth in the Twenty-First Century (and Beyond), answers this question with a resounding “no.” Rather, writes Kades, “we should mourn the RAP’s death.”

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June 22, 2021 in Scholarship, Tax, Tax Scholarship | Permalink

Monday, June 21, 2021

Hasen Presents Forget (Arguing About) Redistribution Virtually Today At Florida

David Hasen (Florida; Google Scholar) presents Forget (Arguing About) Redistribution virtually at Florida today as part of its Summer Virtual Workshop Series:

David-hasenReformers often argue that the benefits of ameliorating inequality are worth the cost in reduced economic efficiency that supposedly results from redistributive social policy. This paper suggests that these arguments are mostly misplaced. Focusing solely on the marginal benefit of government- versus private-sector spending, there is ample reason to conclude that many governmental expenditures directed to reducing inequality are independently justifiable on the basis that they increase efficiency, even as they also reduce inequality. Because the efficiency argument directly addresses concerns that might otherwise counsel restraint in redistributive programs, treating the reduction of inequality as a worthwhile tradeoff against efficiency is mostly counterproductive from a social policy perspective. Reformers instead should engage proponents of economic efficiency on their own terms. In making this argument, the paper develops the concept of “budget policy endogeneity,” or the idea that the affordability or not of various programs must take into account the allocative and distributional effects of current spending on the future allocation of wealth, since revenue for current projects may be raised in the future.

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June 21, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Designing Nonrecognition Rules Under The Internal Revenue Code

Fred B. Brown (Baltimore), Designing Nonrecognition Rules Under the Internal Revenue Code, 24 Fla. Tax Rev __ (2021):

Florida Tax Review (2019)Nonrecognition rules are a prominent feature of the income tax laws and are a source of considerable complexity and tax planning. Included among the nonrecognition rules contained in the Internal Revenue Code are provisions applying to like kind exchanges, corporate formations, corporate reorganizations, parent-subsidiary liquidations, and partnership formations and distributions.

The policies that arguably support the nonrecognition rules include the familiar trio of tax policy concerns—efficiency, equity, and tax administration. None of these policies, however, provide a strong basis for most of the nonrecognition rules as currently formulated. The efficiency case generally lacks evidentiary support. The equity case is complicated by the fact that the rules operate in a second-best world where the tax base deviates from economic income. And the tax administration argument for the rules, while plausible in theory, is compromised because nonrecognition frequently occurs where there are no valuation and liquidity concerns as a result of the receipt of publicly traded property or the presence of related cash sales.

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June 21, 2021 in Scholarship, Tax, Tax Scholarship | Permalink

Unentitled: The Power Of Designation In The Legal Academy

Rachel Lopez (Drexel; Google Scholar), Unentitled: The Power of Designation in the Legal Academy, 73 Rutgers L. Rev. 101 (2021):

Last December, the Wall Street Journal published an op-ed that questioned whether Dr. Jill Biden should more appropriately be addressed as Madame First Lady, Mrs. Biden, Jill, or even kiddo, characterizing her desire to be called doctor “fraudulent” and a “touch comic.” Many were understandably outraged by the lack of respect afforded to Dr. Biden, which had a distinctly gendered dimension. More recently, after a controversial decision by the University of North Carolina’s board of trustees to deny her tenure, Nikole Hannah-Jones, a Pulitzer Prize and MacArthur “genius grant” winner, was instead appointed as a “Professor of Practice” on a five year fixed term contract. These high-profile examples put in sharp focus what many women of color in the legal academy already know all too well: labels have an innate power to confer or diminish status. This Essay explores the role that titles play in the legal academy and, in particular, their often depreciative consequences for women of color. Drawing from my story, those relayed to me by others, and other empirical evidence, I will show how titles perpetuate stereotypes and entrench existing racial and gender hierarchies in the legal academy, although they appear race- and gender- neutral.

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June 21, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Using Exam Wrappers To Foster Self-Assessment Skills In Law Students

Sarah Schendel (Suffolk), What You Don't Know (Can Hurt You): Using Exam Wrappers to Foster Self-Assessment Skills in Law Students, 40 Pace L. Rev. 154 (2019):

“Where did I go wrong?”

When we fail it’s tempting to forget it and move on. However, reflecting on poor performance and figuring out how to proceed is critical to being a successful student and lawyer. Unfortunately, when students receive a disappointing grade they often lack the ability to understand what went wrong and how to change.

Creating self-regulated learners who can identify what they don't know and make a plan to improve is key to helping students succeed. In order to do so – and in order to produce ethical, productive lawyers – law schools should place a greater emphasis on fostering the skill of self-assessment among students.

I propose exam wrappers as an effective and adaptable tool to strengthen law students’ self-assessment skills.

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June 21, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Lesson From The Tax Court: A Lesson Of Interest

We worked through Spring and Winter, through Summer and through Fall,
But the mortgage worked the hardest and the steadiest of us all.
It worked on nights and Sundays, it worked each holiday,
Settled down among us and it never went away.

-Ry Cooder, “The Taxes on The Farmer Feeds Us All,” Into The Purple Valley (1972)

Camp (2017)Today’s lesson is the taxpayer version of that famous Depression-era song: the accumulation of interest on tax liabilities is relentless, and difficult to reverse.  In Kannarkat P. Verghese et al. v. Commissioner, T.C. Memo. 2021-70 (June 7, 2021) (Judge Gustafson), the taxpayers were assessed a deficiency in 2014 for their tax years 1997 and 1998, as a result of over 13 years of audit and litigation between the IRS and three partnerships in which the taxpayers held an interest.  The taxpayers promptly asked for most of the accumulated interest to be abated per §6404.  They diligently pursued that request through 7 years of administrative and judicial proceedings.  Finally, last week, the Tax Court largely upheld the IRS’s refusal to abate the interest, teaching us our lesson.  The lesson cost these taxpayers over $80,000 in accrued interest (on liabilities of $54,000).  Not to mention attorneys fees.  But you can learn this lesson for free.  Just click on "continue reading..." 

Oh, and we also get a bonus lesson on §6603.  Apparently no one told these taxpayers they could suspend the running of interest by making a deposit in the nature of a cash bond.  Whoops.

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June 21, 2021 in Bryan Camp, New Cases, Scholarship, Tax, Tax Practice And Procedure, Tax Scholarship | Permalink | Comments (0)

Sunday, June 20, 2021

The Top Five New Tax Papers

There is quite a bit of movement in this week's list of the Top 5 Recent Tax Paper Downloads, with a new #1 paper and a new paper debuting on the list at #5:

  1. SSRN Logo (2018)[490 Downloads]  International Effective Minimum Taxation — Analysis of GloBE (Pillar Two), by Joachim Englisch (University of Muenster)
  2. [304 Downloads]  International Tax Law and its Influence on National Tax Systems, by Craig Elliffe (University of Auckland; Google Scholar)
  3. [292 Downloads]  Can Blockchain Revolutionize Tax Administration?, by Orly Mazur (SMU; Google Scholar) (reviewed by Sloan Speck (Colorado; Google Scholar) here)
  4. [287 Downloads]  The Allocation of Taxing Rights under Pillar One of the OECD Proposal, by Aitor Navarro (Universidad Carlos III de Madrid; Google Scholar)
  5. [256 Downloads]  Winners and Losers: U.S. Country and Industry Estimates of Pillar One Amount A, by Lorraine Eden (Texas A&M; Google Scholar)

June 20, 2021 in Scholarship, Tax, Tax Scholarship, Top 5 Downloads | Permalink

Saturday, June 19, 2021

Deo: Investigating Pandemic Effects On Legal Academia

The University of Utah S.J. Quinney College of Law hosts a free online program on Pandemic Effects on Legal Academia: A Discussion With Law School Faculty on Wednesday. June 23 at noon - 3:00 P.M. MDT: 

The session will begin with a presentation by Meera E. Deo on her new national empirical study of law faculty, Pandemic Effects on Legal Academia (PELA) followed by a panel of deans responding with their own personal and institutional experiences. Participants will then have the opportunity to break out into working groups organized around specific topics to brainstorm challenges and potential solutions to the obstacles presented by the earlier presentations.

Preliminary analyses of the PELA study reveal troubling patterns of how the effects of COVID-19 exacerbate previously existing raceXgender barriers documented in Southwestern Law School Professor Meera Deo’s book, Unequal Profession: Race and Gender in Legal Academia. Challenges—which are felt most acutely by mothers and other caregivers, junior scholars, untenured faculty, and women of color—include a lack of time and bandwidth to produce scholarship, the blending of home life with work life, an inability to prioritize one’s own well-being, and significant negative mental health effects. This session provides an opportunity for faculty to learn from the data and brainstorm solutions.

Meera E. Deo (Southwestern), Investigating Pandemic Effects on Legal Academia, 89 Fordham L. Rev. 2467 (2021):

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June 19, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Monroe: Improvisation And Forgotten Taxpayers In Partnership Tax

Andrea Monroe (Temple), Making Tax Law Work: Improvisation and Forgotten Taxpayers in Partnership Tax, 54 U. Mich. J.L. Reform  ___ (2021):

The most troublesome provisions of partnership tax are also its most fundamental, namely the allocation rules that regulate how partners share a partnership’s taxable items.

Complexity is a universal problem faced by partnerships at all levels of wealth, status and sophistication, and the vast majority of taxpayers respond with improvisational tax compliance. In remarkably diverse contexts, improvisation has replaced technical compliance as the norm in partnership allocations. Wealthy partnerships make a strategic choice to improvise, using “target allocations,” while poorer partnerships improvise because they have no other choice, routinely following “intuitive” tax law and hoping for the best.

Reframing this complexity problem as a shared experience of all partnerships exposes the technical and cultural fractures of partnership tax in a new and different light.

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June 19, 2021 in Scholarship, Tax, Tax Scholarship | Permalink

Friday, June 18, 2021

Weekly SSRN Tax Article Review And Roundup: Layser Reviews Woodcock's Antimonopolism As A Symptom Of American Political Dysfunction

This week, Michelle Layser (Illinois; Google Scholar) reviews Ramsi A. Woodcock (Kentucky; Google Scholar), Antimonopolism as a Symptom of American Political Dysfunction.

Layser (2018)

One of the biggest news stories of the year has focused on antitrust cases and bills targeting tech giants Amazon, Apple, Facebook and Google. Outside the academy, liberal progressives increasingly point to monopoly power held by BigTech as a source of growing income and wealth inequality (see here, here, and here).  Newly appointed chair of the Federal Trade Commission and Columbia Law Professor Lina Khan made a splash in 2016 with her Yale student note, which made a legal case for breaking up Amazon, inspiring a “‘hipster antitrust’ movement among young scholars who want to expand existing antitrust law to better target issues like corporate concentration and income inequality” (Vox).

But is antitrust law really a promising tool for redistributing income and wealth? Professor Ramsi A.Woodcock doesn’t think so.

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June 18, 2021 in Michelle Layser, Scholarship, Tax, Tax Scholarship, Weekly SSRN Roundup | Permalink

Next Week's Virtual Tax Workshops

Monday, June 21: David Hasen (Florida; Google Scholar) will present Forget (Arguing About) Redistribution virtually at Florida as part of its Summer Virtual Workshop Series. If you would like to attend, please contact Charlene Luke.

Friday, June 18: Stefan Hammerl (Graz) & Lily Zechner (Graz) will present Taxing Profit and Consumption in Market Jurisdictions: Equity and Administrability in the Digital Era virtually as part of the Indiana|Leeds Summer Zoom Tax Workshop Series. If you would like to attend, please contact Leandra Lederman or Leopoldo Parada.

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June 18, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Liscow Presents The Psychology Of Taxing Capital Income Today At The Indiana|Leeds Summer Zoom Tax Workshop Series

Zachary Liscow (Yale; Google Scholar) presents The Psychology of Taxing Capital Income: Evidence from a Survey Experiment on the Realization Rule) (with Edward Fox (Michigan; Google Scholar)) (reviewed by David Elkins (Netanya) here) virtually today as part of the Indiana|Leeds Summer Zoom Tax Workshop Series hosted by Leandra Lederman (Indiana) and Leopoldo Parada (Leeds):

Indiana LeedsHow to tax capital income is a critical issue today. The realization rule—requiring that property usually must be sold before gains are taxed—is central to taxing capital income, but often decreases the efficiency, equity, and simplicity of the tax system. Estimates suggest that the realization rule costs the government over $2 trillion over 10 years. Given these problems, it is unclear why the rule exists for assets that are easy to value and sell. Scholars have long speculated about the role of the public’s views here, but little is known empirically about them. We conduct the first survey experiment to understand the psychology of the realization rule, which has broad implications for the taxation of capital income. We have three main findings.

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June 18, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

What I Learned About Teaching Law By Being An Art Student

Michael Thomas Colatrella Jr. (Pacific), What I Learned about Teaching Law by Being an Art Student:

This article relates lessons that I learned about teaching law from my time as an art student in an atelier system that are supported by science-based pedagogical best practices. 

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June 18, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Getting Down To Brass Tax: Why Courts Should Use Equitable Tolling To Help Taxpayer-Petitioners Impacted By COVID-19

Hannah Fisher (J.D. 2021, Chicago), Getting Down to Brass Tax: Why Courts Should Use Equitable Tolling to Help Taxpayer-Petitioners Impacted by COVID-19, 2021 U. Chi. Legal F. ___:

Chicago Legal ForumThe COVID-19 pandemic caused some of the sharpest rises in American unemployment and poverty seen in a generation. This left people with less money in their pockets, but also less time and access to resources to diligently pursue their legal rights and remedies. Congress responded by providing some financial aid via stimulus packages. But without accompanying procedural relief from various filing deadlines, many will face financial liabilities to the government they otherwise might not, particularly in the tax context. This Comment advocates for greater flexibility when taxpayer-petitioners miss filing deadlines due to COVID-19-related hardships.

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June 18, 2021 in Scholarship, Tax, Tax Scholarship | Permalink

Thursday, June 17, 2021

Hickman: Nondelegation As Constitutional Symbolism

Kristin E. Hickman (Minnesota; Google Scholar), Nondelegation As Constitutional Symbolism, 88 Geo Wash. L. Rev. ___ (2021):

The divided Supreme Court in Gundy v. United States and subsequent events have given rise to a general expectation that the Court will soon revitalize the nondelegation doctrine by replacing the intelligible principle standard. Some have greeted the prospect of this doctrinal shift with cheers of exaltation, others with cries of impending doom, anticipating the demise of the administrative state. This article contends that these predictions are overblown.

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June 17, 2021 in Scholarship, Tax, Tax Scholarship | Permalink

Grewal: Section 265 Disallowance And The PPP Expense Nightmare

Andy Grewal (Iowa), Section 265 Disallowance and the PPP Expense Nightmare, 75 Tax Law. ___ (2021):

ABA Tax Lawyer (2019)Through the CARES Act, Congress established a generous Paycheck Protection Program. Under that program, recipients would get loans which could easily qualify for tax-free forgiveness. As an added bonus, taxpayers would enjoy tax deductions when they spent the amounts they borrowed.

Or so it seemed. After the CARES Act passed, the IRS promptly issued a notice denying deductions for PPP expenses. Secretary Treasury Steven Mnuchin personally reviewed the matter and announced that the IRS’s position followed from “Tax 101.” Congress eventually stepped in and offered a narrow statutory clarification: PPP expenses would be deductible.

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June 17, 2021 in Scholarship, Tax, Tax Scholarship | Permalink

The Robotic Revolution: A Tax Policy Collision Course

Kathryn Kisska-Schulze (Clemson; Google Scholar) & Rodney P. Mock (California State Polytechnic University, San Luis Obispo), The Robotic Revolution: A Tax Policy Collision Course, 93 Temple L. Rev. 301 (2021):

Media projections depict that robotics, process automation, and artificial intelligence threaten human workforce sustainability. Two oft cited studies forecast that technological innovation could jeopardize more than one third of the U.S. workforce. Significant worker displacement would devastate federal funding that is heavily reliant on individual income tax revenue and payroll taxes. Concerns of mass joblessness have led Bill Gates and others to propose a robot tax, with some suggesting a complete reworking of the Internal Revenue Code to address looming predictions.

While these ideas are critical to the robot immersion dialogue, they are largely premised on fear and the proposition that human labor should be protected. As history supports, automation has always threatened the human workforce, which has demonstrated a great propensity for adaptation. As resisting the tractor for fear of replacing farmers’ grit would have been senseless, it is now imprudent to tax innovation for fear of automation substitution. From its inception, the U.S. Constitution has protected innovation and intellectual property. Similarly, the Internal Revenue Code serves to incentivize research and development. Taxing robots would disrupt our nation’s deeply rooted tax policies.

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June 17, 2021 in Scholarship, Tax, Tax Scholarship | Permalink

Wednesday, June 16, 2021

Bearer-Friend, Glogower, Kleiman & Wallace: Taxation And Law And Political Economy

Jeremy Bearer-Friend (George Washington; Google Scholar), Ari D. Glogower (Ohio State; Google Scholar), Ariel Jurow Kleiman (San Diego; Google Scholar) & Clint Wallace (South Carolina, Google Scholar), Taxation and Law and Political Economy, 83 Ohio St. L.J. ___ (2021):

The Law and Political Economy (LPE) project seeks to reorient legal thought by centering considerations of power, equality, and democracy. This reorientation would supplant approaches to legal thought that prioritize efficiency and neutrality, and that imagine a pre-political market “encased” from legal scrutiny or intervention.

This Article seeks to advance dialogue between LPE and tax scholarship. The Article first describes the areas of intersection between the two literatures and then offers general insights each can learn from the other as a basis for further engagement.

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June 16, 2021 in Scholarship, Tax, Tax Scholarship | Permalink

The Tax Lawyer Publishes New Issue

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

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June 16, 2021 in ABA Tax Section, Scholarship, Tax, Tax Scholarship | Permalink

Stanford Law Review Call For Tax Articles

Stanford Law ReviewDear Tax Law Scholars,
My name is Saraphin Dhanani, and I am the Senior Articles Editor for Volume 74 of the Stanford Law Review.

The Stanford Law Review will begin accepting submissions through Scholastica for the fall term on July 15, 2021. We currently have 6-7 slots to fill this volume, and we are particularly interested in publishing pieces that focus on tax law. We strongly encourage you to submit your manuscript for consideration through our Scholastica portal. You can find more details about our submission process on our website. As in 2020, you must follow the Scholastica links on our website to reach our submission portal.

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June 16, 2021 in Legal Ed News, Legal Education, Scholarship, Tax, Tax Scholarship | Permalink

Sharing The Wealth: The Effects Of TCJA Bonuses On Employee Pay Satisfaction

Michelle Hutchens (Illinois; Google Scholar), Dan Lynch (Wisconsin; Google Scholar), & Bridget Stomberg (Indiana, Google Scholar), Sharing the Wealth: The Effects of TCJA Bonuses on Employee Pay Satisfaction:

Approximately 60 public companies announced they would share cash windfalls from the Tax Cuts and Jobs Act (TCJA) with rank-and-file employees through bonuses, higher wages, or increased benefits. We use employee survey data from Culture X to examine how the announcement of these TCJA bonuses affected employee pay satisfaction. Although employees are economically better off upon receiving these bonuses, prior literature suggests employee pay satisfaction could decrease if employees perceive the bonuses to be unfairly small. Using a difference-in-difference design, we find a greater decline in pay satisfaction among employees at firms announcing a TCJA bonus versus those that do not. Consistent with dissatisfaction about unfairly small bonuses, we document a larger decline in pay satisfaction at announcing firms with larger increases in CEO bonuses and larger share repurchases around the TCJA.

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June 16, 2021 in Scholarship, Tax, Tax Scholarship | Permalink

Tuesday, June 15, 2021

16th Annual Junior Tax Scholars Workshop At San Diego

Junior Tax 2021

Ed Fox (Michigan) & Zachary Liscow (Yale) (presenting), A Mark-to-Market Tax on Businesses
Commentators: Daniel Schaffa (Richmond), Hillel Nadler (Program on International Financial Systems)

Hillel Nadler (Program on International Financial Systems), Taxing Zero
Commentators: Ed Fox (Michigan), Eleanor Wilking (Cornell)

Hayes Holderness (Richmond), Noncomparative Interstate Tax Discrimination
Commentators: Shelly Layser (Illinois), Andrew Appleby (Stetson)

Andrew Appleby (Stetson), Now You Can't Leave: State and Local Exit Taxes
Commentators: Christine Kim (Utah), Hayes Holderness (Richmond)

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June 15, 2021 in Conferences, Legal Education, Scholarship, Tax, Tax Conferences, Tax Scholarship | Permalink

Why The Apple-Led Stock Buyback Boom May Get Caught In Biden's Tax-Hike Net

Investor's Business Daily, Why The Apple-Led Stock Buyback Boom May Get Caught In Biden's Tax-Hike Net:

IBDHours before President Joe Biden's April 28 primetime pitch for $4.5 trillion in infrastructure and social spending, Apple (AAPL) wowed Wall Street with its own big-spending plan — $90 billion in Apple stock buybacks.

But Apple was hardly the first big company to use fat recent profits to repurchase shares from investors. Just a day before Apple's news, Google parent Alphabet (GOOGL) teed up a $50 billion buyback. Among others, JPMorgan Chase (JPM) set plans to buy back $30 billion in shares. ...

Yet a possible pitfall lies ahead. An under-the-radar proposal to tax stock buybacks as if they were dividends could reel in huge sums from investors, providing needed cash for Biden's government expansion. That might quiet the stock buyback boom and weigh on foreign demand for U.S. equities. The approach to taxation also may stir controversy. It's already taking flack for taxing "phantom income" and micromanaging corporate finances. ...

Corporate cash spent on buybacks buoys earnings per share by reducing share counts, contributing to higher stock prices. Stockholders who sell their shares back to the company may pay capital gains on the proceeds. For those who don't redeem their shares, buybacks will result in a bigger capital-gains tax bill, but only when they sell their stock — if they sell.

That ability to defer taxes is likely the biggest reason that buybacks have become the preferred way of distributing capital to shareholders for many of America's biggest and most successful companies.

Apple spent more than five times as much on Apple stock buybacks ($72.5 billion) in fiscal 2020 as it paid out in dividends ($14.1 billion). ...

Up until the late 1990s, S&P 500 companies spent more on dividends than on buybacks. But in 2019, buybacks totaled $729 billion, 50% more than the $485 billion distributed as dividends. 

Now all that buyback cash is getting attention as a potential avenue to fund Biden's spending plans.

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June 15, 2021 in Scholarship, Tax, Tax News, Tax Scholarship | Permalink

The Elephant In The Virtual Law Classroom: Different Perspectives But A Common Loss

Tiffany Perez (Miami), The Elephant in the Virtual Law Classroom: Different Perspectives but a Common Loss:

Due to the COVID-19 pandemic, law schools had to pivot to virtual legal education quickly. In the wake of the pandemic, scholars have eagerly written about the dos and don’ts of the virtual law classroom. Although some articles have represented the law students’ perspective and some have represented the law professor’s perspective, none have done both in an attempt to create empathy and bridge the gap between what students’ desire, and what law professors are currently providing, and what good virtual legal education requires. As such, based on several interviews with law professors and students, this Article begins by describing one online Contracts class first from the professor’s point of view and then from the student’s point of view. The professor and students’ different perceptions of the same class are then analogized to John Godfrey Saxe’s poem The Blind Men and the Elephant. Then, using the Kübler-Ross Grief Cycle as a vehicle build empathy and understanding, this article attempts to demonstrate the similarities that exists between students and professors’ feelings about online virtual education, namely that both professors and students alike are avidly grieving a common loss: in-person, Socratic law school days of old.

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June 15, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Thuronyi: The Internal Revenue Code Should Be Be Redrafted

Victor Thuronyi (Former Lead Tax Counsel, IMF), Should the IRC Be Redrafted?, 171 Tax Notes Fed. 1429 (May 31, 2021):

Tax Notes Federal (2020)Major tax changes are again being contemplated by Congress. In this context, is it possible to make the IRC easier to read and understand? While the tax code is notoriously complex, is this complexity the result of rules that are too complex or a style that is too impenetrable? As I explain below, the vast bulk of the problem is the complexity of the rules. Simplifying those rules should be a priority. That said, the drafting of the IRC can also be improved.

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June 15, 2021 in Scholarship, Tax, Tax Analysts, Tax Scholarship | Permalink

Monday, June 14, 2021

LSAT Takers And Khan Academy Preparation

Gregory Camilli (LSAC), Kimberly Dustman (LSAC), & Ann Gallagher (LSAC), LSAT Takers and Khan Academy Preparation:

Khan Academy LSAT (2021Free online Law School Admission Test (LSAT) preparation resources from the Law School Admission Council and Khan Academy have been widely utilized by LSAT and LSAT-Flex test takers. In September 2020, nearly 70,000 individuals engaged with Khan Academy’s Official LSAT® Prep platform. The purpose of this study was to examine the potential effects of engagement on actual LSAT performance. Our analyses showed that a higher level of engagement (measured in terms of practice time and number of practice exams taken) was associated with higher performance on the LSAT. These results held not only for the overall population but also across multiple demographic subgroups. The results also showed that the performance of test takers with lower initial practice exam scores was associated with slightly higher LSAT score gains per practice minute, indicating that these students benefitted at least as much as students who scored higher initially.

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June 14, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Lesson From The Tax Court: Accounting For Attorney Malpractice Settlements

Camp (2017)Sometimes, losing plaintiffs think their attorney messed up.  Sometimes, they are so sure that they sue their attorney for legal malpractice.  I think of those as lawsuits-within-lawsuits, kind of like the story-within-a-story literary device, perhaps most famously used by Shakespeare in Hamlet.  In a malpractice action, the original lawsuit becomes a lawsuit-within-a-lawsuit because the court decides the malpractice action in part by making a counterfactual inquiry on what could have been the outcome in the original lawsuit.

Sometimes, plaintiffs actually win the malpractice action.  More often they settle, accepting some amount of money from the attorney (or, more often, the attorney’s insurer) in exchange for promising to go away and never come back.

The extent to which an attorney malpractice settlement constitutes gross income is the ostensible lesson in two recent cases.  In Carol E. Holliday v. Commissioner, T.C. Memo. 2021-69 (June 7, 2021) (Judge Pugh), and in Debra Jean Blum v. Commissioner, T.C. Memo. 2021-18 (Feb. 18, 2021) (Judge Urda), the Tax Court rejected both taxpayers’ attempt to exclude settlements of their attorney malpractice claims from gross income, even though both taxpayers may well have been able to exclude settlements of the original action.  Using an “in lieu of” test, the Tax Court said that the settlement of the malpractice claim was different than settlement of the original claim.  The original claim had become merely a lawsuit-within-a-lawsuit, a play-within-a-play, and thus had an insufficient nexus with the actual payment to support exclusion.

The less obvious lesson in these cases is how the ostensible lesson creates a bargaining chip for malpractice attorneys sitting at the poker table of settlement negotiations.  Taxpayers might account for the tax treatment of malpractice settlements either by structuring the settlement to make the payments eligible for exclusion, or by grossing up the settlement to reflect taxes imposed that would not have been imposed on settlement of the original action.  Details below the fold.

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June 14, 2021 in Bryan Camp, New Cases, Scholarship, Tax, Tax Practice And Procedure, Tax Scholarship | Permalink | Comments (0)

Sunday, June 13, 2021

The Top Five New Tax Papers

There is a bit of movement in this week's list of the Top 5 Recent Tax Paper Downloads, with a new paper debuting on the list at #5:

  1. SSRN Logo (2018)[558 Downloads]  Ten Truths About Tax Havens — Inclusion And The ‘Liberia’ Problem, by Steven Dean (Brooklyn) & Attiya Waris (Nairobi)
  2. [475 Downloads]  International Effective Minimum Taxation — Analysis of GloBE (Pillar Two), by Joachim Englisch (University of Muenster)
  3. [276 Downloads]  The Allocation of Taxing Rights under Pillar One of the OECD Proposal, by Aitor Navarro (Universidad Carlos III de Madrid; Google Scholar)
  4. [269 Downloads]  International Tax Law and its Influence on National Tax Systems, by Craig Elliffe (University of Auckland; Google Scholar)
  5. [249 Downloads]  Can Blockchain Revolutionize Tax Administration?, by Orly Mazur (SMU; Google Scholar) (reviewed by Sloan Speck (Colorado; Google Scholar) here)

June 13, 2021 in Scholarship, Tax, Tax Scholarship, Top 5 Downloads | Permalink

Friday, June 11, 2021

Weekly SSRN Tax Article Review And Roundup: Roberts Reviews New Papers By Hackney And Peck

This week, Tracey Roberts (Cumberland; Google Scholar) reviews new works by Allison Peck (West Virginia) Standard Oil, Consolidation Coal, and the Roots of the Resource Curse in West Virginia, 124 W. Va. L. Rev. ___ (2021); and Philip Hackney (Pittsburgh), Dark Money Darker? IRS Shutters Collection of Donor Data, 25 Fla. Tax Rev. ___ (2021).

Roberts (2020)In Standard Oil, Consolidation Coal, and the Roots of the Resource Curse in West Virginia, Allison Peck recounts the early 20th Century efforts of Morgantown, West Virginia lawyer, George C. Baker, to pave a pathway for the state to tax its coal, oil, and gas resources. Industrialists initially delayed legislative reform by persuading the legislature to employ a time-honored tactic: setting up a commission to study the matter. Imagine their surprise and chagrin when the commission proposed that the state, in stark need of revenues, issue licenses for extraction and tax the licenses based on volume of production. The commission described the tax as merely sufficient to offset the state’s costs from extraction activities: mine inspections (West Virginia’s safety laws were the nation’s weakest), miner’s hospitals (miners were frequently injured and died from mine collapse, explosions, and fires), the decline in value and harm to the land resulting from extraction activities, and deployment of state militia and national guard to put down civil unrest as miners sought to unionize and strike (a prescient consideration, given the scope of West Virginia’s mine wars from 1912-21). Despite this setback, the industrialists defeated the commission’s proposed bill in a special session of the legislature.

 

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June 11, 2021 in Scholarship, Tax, Tax Scholarship, Weekly SSRN Roundup, Weekly Tax Roundup | Permalink

Next Week's Virtual Tax Workshop

Titus PresentsTax Policy For Developing Countries Today At The Indiana/Leeds Summer Zoom Tax Workshop Series

Afton Titus (Cape Town; Google Scholar) presents Tax Policy for the Future of Developing Countries: The Synergies Between Covid-19 and Automation virtually today as part of the Indiana/Leeds Summer Zoom Tax Workshop Series hosted by Leandra Lederman (Indiana) and Leopoldo Parada (Leeds):

TitusThe COVID-19 global pandemic has devastated economies around the world – an impact which is miniscule compared to the toll it has taken on human lives. Daring to see that something good may come from this tragedy, this paper argues that there are clear synergies to be drawn between the health measures required as a consequence of the global pandemic and the opportunities offered by automation and digital technologies. It is further argued that the tax policies adopted to check the impact of COVID-19 may be adapted to better harness the
potential prospect of improved productivity that automation offers.

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June 11, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Alstott Discusses Building A Law And Political Economy Framework: Beyond The 20th-Century Synthesis Virtually Today At The Oxford-Virginia Legal Dialogs: Tax Meets Non-Tax Series

Anne Alstott (Yale) provides commentary on Jedediah Britton-Purdy (Columbia), David Singh Grewal (UC-Berkeley), Amy Kapczynski (Yale) & Sabeel K. Rahman (Brooklyn), Building a Law-and-Political-Economy Framework: Beyond the Twentieth-Century Synthesis, 129 Yale L.J. 1784 (2020), virtually today at the Oxford-Virginia Legal Dialogs: Tax Meets Non-Tax Series hosted by Tsilly Dagan and Ruth Mason. Here is the abstract of the article:

Alstott_anne_ala23-2017We live in a time of interrelated crises. Economic inequality and precarity, and crises of democracy, climate change, and more raise significant challenges for legal scholarship and thought. “Neoliberal” premises undergird many fields of law and have helped authorize policies and practices that reaffirm the inequities of the current era. In particular, market efficiency, neutrality, and formal equality have rendered key kinds of power invisible, and generated a skepticism of democratic politics. The result of these presumptions is what we call the Twentieth-Century Synthesis: a pervasive view of law that encases “the market” from claims of justice and conceals it from analyses of power.

This Feature offers a framework for identifying and critiquing the Twentieth-Century Synthesis. This is also a framework for a new “law-and-political-economy approach” to legal scholarship. We hope to help amplify and catalyze scholarship and pedagogy that place themes of power, equality, and democracy at the center of legal scholarship.

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June 11, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Thursday, June 10, 2021

Morse: The Quasi-Global GILTI Tax

Susan C. Morse (Texas), The Quasi-Global GILTI Tax, 18 Pitt. Tax Rev. 1 (2021):

Pittsburgh Tax Review (2021)The U.S. minimum tax on global intangible low-taxed income, or GILTI, suggests a broad way of thinking about the corporate income tax. GILTI is not confined to a narrow view of a corporate tax as a national tax. Instead it rests on a global, or at least quasi-global, foundation. A foreign tax credit mechanism allows other jurisdictions to collect tax on GILTI, instead of only allowing GILTI taxes to support the U.S.fisc. Also, Treasury guidance has narrowed U.S. claims to GILTI tax revenue. As both of these features suggest, the function of the GILTI corporate tax is not limited to collecting U.S. tax revenue. Instead, GILTI is set up to support goals such as regulation, redistribution and efficiency on a global as well as national scale.

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June 10, 2021 in Scholarship, Tax, Tax Scholarship | Permalink

Eyes Wide Shut: Using Accreditation Regulation To Address The 'Pass-the-Harasser' Problem In Higher Education

Susan Saab Fortney (Texas A&M; Google Scholar) & Theresa Morris (Texas A&M; Google Scholar), Eyes Wide Shut: Using Accreditation Regulation to Address the 'Pass-the-Harasser' Problem in Higher Education, 109 Cal. L. Rev. Online ___ (2021):

The #MeToo Movement cast a spotlight on sexual harassment in various sectors, including higher education. Studies reveal alarming percentages of students reporting that they have been sexually harassed by faculty and administrators. Despite annually devoting hundreds of millions of dollars to addressing sexual harassment and misconduct, nationwide university officials largely take an ostrich approach when hiring faculty and administrators with little or no scrutiny related to their past misconduct. Critics use the term “pass the harasser” or more pejoratively, “pass the trash” to capture the role that institutions play in allowing individuals to change institutions without the new employer learning about the employee’s prior sexual misconduct. This essay examines how and why the pass-the-harasser phenomenon arises and persists in postsecondary institutions, as well as recent changes two university systems and one state have made to deal with the problem. Although these efforts are commendable, experts recognize that the “pass-the-harasser” problem requires concerted action by institutions across the country. 

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June 10, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Wednesday, June 9, 2021

Sarkar: Tax Law's Migration

Shayak Sarkar (UC-Davis), Tax Law's Migration, 63 BC L. Rev. ___ (2021):

Tax law has long left poor foreigners in precarity. Despite the Supreme Court striking down nineteenth-century state laws taxing migrants upon entry, the tax system has nonetheless determined who deserved a place, and what sort of place, within our borders. That tradition continues when the tax system’s emergency relief deprives otherwise needy noncitizens, giving migrants a lesser place.

This Article sheds light on this phenomenon—“tax law’s migration”—engaging two underappreciated connections between immigration and tax law.

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June 9, 2021 in Scholarship, Tax, Tax Scholarship | Permalink

Tuesday, June 8, 2021

Mason: State Aid Enforcement After Amazon

Ruth Mason (Virginia; Google Scholar), State Aid Enforcement After Amazon, 171 Tax Notes Fed. 1395 (May 31, 2021):

Tax Notes Federal (2020)This article provides a detailed summary of the General Court of the European Union’s judgment in Amazon and analyzes what it means for the future of state aid.

For more, see:

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June 8, 2021 in Scholarship, Tax, Tax Analysts, Tax Scholarship | Permalink

Formation Without Identity: Avoiding A Wrong Turn In The Professionalism Movement

Eli Wald (Denver), Formation Without Identity: Avoiding a Wrong Turn in the Professionalism Movement, 89 UMKC L. Rev. 685 (2021):

Critics calling for a law school reform agenda centered around integrating skills and formation of professional identity into the mainstream of legal education may have their day. External pressures, including increasingly competitive practice realities, heightened client sophistication, new technologies, rising stratification within the profession, and attorney under- and unemployment are opening the door for policy entrepreneurs to begin the process of reforming legal education.

At this defining moment of its existence, however, the professionalism movement grounded in the 2007 Carnegie report titled Educating Lawyers is at risk of making a mistake that may thwart its compelling agenda. Rather than base their identity formation schema on the actual professional identity of lawyers, Educating Lawyers and its advocates have accepted the abstract professional identity rhetoric of the organized bar as the basis of their model. This abstract rhetoric, impressive and well-rehearsed as it may be, is divorced from the actual identities of lawyers and therefore cannot adequately ground the identity formation of law students.

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June 8, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

AALS Annual Meeting Call For Papers: New Voices In Taxation

Call For Papers: New Voices in Taxation Panel (AALS Section on Taxation / 2022 Annual Meeting):

AALS Annual Meeting (2022)The AALS Section on Taxation is pleased to announce the following Call for Papers. Selected papers will be presented at a works-in-progress session at the 2022 AALS Annual Meeting from January 5 through 9. This program will provide panelists the opportunity to present their work and receive feedback from senior colleagues in the field. Note: The 2022 AALS Annual Meeting will be fully virtual.

Eligibility: Scholars teaching at AALS member schools or non-member fee-paid schools with seven or fewer years of full-time teaching experience as of the submission deadline are eligible to submit papers. (Non-tenure track teaching fellowships count for this deadline.). For co-authored papers, all authors must satisfy the eligibility criteria. While we welcome submissions from previous panelists, we will give a preference to scholars whose work has not been selected for a previous new voices panel.

Due date: 5 p.m. PDT, Friday, August 13, 2021.

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June 8, 2021 in Conferences, Legal Education, Scholarship, Tax, Tax Conferences | Permalink

Inside The Master's Gates: Resources And Tools To Dismantle Racism And Sexism In Higher Education

Susan Ayres (Texas A&M; Google Scholar), Inside the Master's Gates: Resources and Tools to Dismantle Racism and Sexism in Higher Education, 21 J.L. Soc'y 20 (2021):

The spring of 2020 saw waves of protest as police killed people of color. After George Floyd’s death, protests erupted in over 140 cities. The systemic racism exhibited by these killings has been uncontrollable, hopeless, and endless. Our country is facing a national crisis. In response to the police killings, businesses, schools, and communities held diversity workshops across the nation, and businesses and organizations posted antiracism statements. Legislators and City Councils introduced bills and orders to defund police and to limit qualified immunity. As schools prepared for the fall semester, teachers considered ways to incorporate antiracism materials into the curriculum. Drawing on the storytelling movement of Critical Race Theory, this Article discusses tools law professors can use to explore these issues in a safer and more egalitarian classroom setting, including counter-stories, such as those compiled in Claire Millikin’s “Substance of Fire: Gender and Race in the College Classroom.” 

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June 8, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Liability Insurance: A Reply to Professor Utz

Jeffrey H. Kahn (Florida State), Liability Insurance: A Reply to Professor Utz, 171 Tax Notes Fed. 473 (Apr. 19, 2021):

Tax Notes Federal (2020)In this article, I continue my debate with Professor Stephen Utz over the tax treatment of liability insurance, arguing that there are policy justifications for the current tax treatment of liability insurance payments. ... I previously published an article arguing that insurance proceeds payable under a policy insuring a specified tax treatment (tax insurance) are excluded from gross income [Hedging the IRS — A Policy Justification for Excluding Liability and Insurance Proceeds, 26 Yale J. Reg. 1 (2009)]. That piece led to an interesting back and forth between myself (Justifying the Exclusion of Insurance, 125 Tax Notes 1216 (Dec. 14, 2009); The Tax Treatment of Liability Insurance Coverage, 163 Tax Notes 1381 (May 27, 2019)) and Professor Utz (Designating the Tax Treatment of Litigation-Related Costs, 21 Fla. Tax Rev. 533 (2018); How Insurance Recoveries Are Taxed Under the IRC, 169 Tax Notes Fed. 941 (Nov. 9, 2020)) on the tax treatment of liability insurance proceeds.

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June 8, 2021 in Scholarship, Tax, Tax Analysts, Tax Scholarship | Permalink

Monday, June 7, 2021

Hackney: Dark Money Darker? IRS Shutters Collection of Donor Data

Philip Hackney (Pittsburgh), Dark Money Darker? IRS Shutters Collection of Donor Data, 25 Fla. Tax Rev. ___ (2021):

Florida Tax Review (2019)The IRS ended a long-time practice of requiring most nonprofits to disclose substantial donor names and addresses on the nonprofit annual tax return. It is largely seen as a battle over campaign finance rather than tax enforcement. Two of the nonprofits involved, social welfare organizations and business leagues, are referred to as “dark money” organizations because they allow individuals to influence elections while maintaining donor anonymity. Many in the campaign finance community are concerned that this change means wealthy donors can avoid campaign finance laws and have no reason to fear being discovered. In this Article, I focus on whether the information is needed for the enforcement of the tax law and/or to support ancillary legal goals. I contend the IRS ought to collect this substantial donor information as it did for over 79 years. Though the collection of donor information may not be essential for groups such as social clubs, fraternities and sororities, and mutual ditch companies, the collection of this information non-publicly by the IRS is important in both enforcing tax-exempt requirements and in enforcing the tax law generally. Tax law prohibits the distribution of earnings from a nonprofit to those who control the organization. Substantial donors are classic suspects for seeking such improper receipts through their control. Thus, the information is key to IRS auditors. Considering the deficient budget of the IRS to ensure a properly enforced Code, the failure to collect that information puts the IRS in a disadvantaged position.

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June 7, 2021 in Scholarship, Tax, Tax Scholarship | Permalink

Johnson: A Fair Income Tax On The Trillion-Dollar Behemoths (Apple, Amazon, Microsoft, And Google)

Calvin H. Johnson (Texas), A Fair Income Tax on the Trillion-Dollar Behemoths (Apple, Amazon, Microsoft, And Google), 171 Tax Notes Fed. 1199 (May 24, 2021):

Tax Notes Federal (2020)Johnson argues that $6 trillion can be raised by requiring Apple, Amazon, Microsoft, and Google to capitalize intangible investments that have value beyond the end of the tax year and by reversing into income the companies' prior deductions that are inconsistent with that value.

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June 7, 2021 in Scholarship, Tax, Tax Analysts, Tax Scholarship | Permalink

Lesson From The Tax Court: The Perils of Stipulations

Camp (2017)Tax Court procedure marches to a different beat from other federal courts.  For example, when a taxpayer files a Petition contesting a Notice of Deficiency (NOD) the taxpayer cannot voluntarily dismiss the case the way litigants can do in federal district court.  See Lesson From The Tax Court: The Hotel California Rule, TaxProf Blog (Nov. 12, 2018).  And it is not just pro se litigants who get tripped up, which is to be expected despite the heroic guidance given by the Tax Court on its webpage.  Experienced practitioners sometimes goof this up as well.

The recent case of Donald Bailey and Sandra M. Bailey v. Commissioner, T.C. Memo. 2021-55 (May 10, 2021) (Judge Pugh), teaches an important lesson about the crucial role of stipulations in the Tax Court’s decisional process: litigants must have a firm grasp of their case very early, or risk stipulating themselves into defeat as the taxpayers did in this case.  Details below the fold.

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June 7, 2021 in Bryan Camp, New Cases, Scholarship, Tax, Tax Practice And Procedure, Tax Scholarship | Permalink | Comments (1)

Sunday, June 6, 2021

The Top Five New Tax Papers

There is quite a bit of movement in this week's list of the Top 5 Recent Tax Paper Downloads, with new papers debuting on the list at #3 and #4:

  1. SSRN Logo (2018)[531 Downloads]  Ten Truths About Tax Havens — Inclusion And The ‘Liberia’ Problem, by Steven Dean (Brooklyn) & Attiya Waris (Nairobi)
  2. [453 Downloads]  International Effective Minimum Taxation — Analysis of GloBE (Pillar Two), by Joachim Englisch (University of Muenster)
  3. [253 Downloads]  The Allocation of Taxing Rights under Pillar One of the OECD Proposal, by Aitor Navarro (Universidad Carlos III de Madrid; Google Scholar)
  4. [243 Downloads]  International Tax Law and its Influence on National Tax Systems, by Craig Elliffe (University of Auckland; Google Scholar)
  5. [242 Downloads]  The Case for a Sustainable Excess Profits Tax, by Allison Christians (McGill; Google Scholar) & Tarcisio Diniz Magalhaes (Antwerp))

June 6, 2021 in Scholarship, Tax, Tax Scholarship, Top 5 Downloads | Permalink

Saturday, June 5, 2021

16th Annual Junior Tax Scholars Workshop Kicks Off Virtually At San Diego

DownloadJonathan Choi (Minnesota), Beyond Purposivism in Tax Law
Commentators:  Daniel Schaffa (Richmond), Sloan Speck (Colorado)

Christine Kim (Utah), Digital Taxation: How to Tax 21st Century Multinationals
Commentators: Andrew Appleby (Stetson), Hillel Nadler (Program on International Financial Systems)

Goldburn Maynard  (Indiana), Biden’s Gambit: Advancing Racial Equity While Relying on a Race Neutral Tax Code
Commentators: Ariel Kleiman (San Diego); Blaine Saito (Northeastern)

Tracey Roberts (Cumberland), Monopsony Power and the EITC
Commentators: Zach Liscow (Yale), Goldburn Maynard (Indiana)

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June 5, 2021 in Conferences, Legal Education, Scholarship, Tax, Tax Conferences, Tax Scholarship | Permalink