Paul L. Caron
Dean





Tuesday, November 8, 2022

Thomas & Scharff: Fake News And The Tax Law

Kathleen DeLaney Thomas (North Carolina; Google Scholar) & Erin Adele Scharff (Arizona State), Fake News and the Tax Law, 80 Wash. Lee. L. Rev. __ (2023):

The public misunderstands many aspects of the tax system. For example, people frequently misunderstand how marginal tax rates work, misperceive their own average tax rates, and believe they benefit from tax deductions for which they are ineligible. Such confusion is understandable given the complexity of our tax laws. Unfortunately, research suggests these misconceptions shape voter preferences about tax policy which, in turn, impact the policies themselves.

That people are easily confused by taxes is nothing new. However, with the rise of social media platforms, the speed at which misinformation campaigns can move to shape public opinion is far faster now. The past five years have seen a dramatic shift in the landscape of false information, and scholars in a variety of disciplines, from law to psychology to journalism, have explored the increasing influence of fake news.

Building on this burgeoning literature, this Article is the first to examine the incidence and impact of fake news on the tax law. We analyze a unique dataset of tax stories flagged as “false” or “untrue” by reputable, third-party news sources.

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November 8, 2022 in Scholarship, Tax, Tax Scholarship | Permalink

Kim Presents Tax Harmony: The Promise And Pitfalls Of The Global Minimum Tax At Oxford

Christine Kim (Cardozo; Google Scholar) presented Tax Harmony: The Promise and Pitfalls of the Global Minimum Tax, 43 Mich. J. Int'l L.  (2022) (with Reuven S. Avi-Yonah (Michigan; Google Scholar)) at Oxford yesterday as part of its International Tax Governance and Justice Series hosted by Tsilly Dagan, Ana Paula Dourado, and Cees Peters:

Yr-christine-kimThe rise of globalization has become a double-edged sword for countries seeking to implement a beneficial tax policy. On one hand, there are increased opportunities for attracting foreign capital and the benefits that increased jobs and tax revenue brings to a society. However, there is also much more tax competition among countries to attract foreign capital and investment. As tax competition has grown, effective corporate tax rates have continued to be cut, creating a “race-to-the-bottom” issue.

In 2021, 137 countries forming the OECD/G20 Inclusive Framework on BEPS passed a major milestone in reforming international tax by successfully introducing the framework of a global minimum corporate tax, known as Pillar Two. It aims to set a floor for corporate tax rates with various corrective measures so that multinational enterprises’ income will be taxed once in either source country or residence country at a substantive tax rate. 

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November 8, 2022 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Cummings: Tax Exceptionalism Is Overblown

Jasper L. Cummings, Jr., Tax Exceptionalism Overblown, 177 Tax Notes Fed. 225 (Oct. 10, 2022):

Tax Notes Federal (2022)In this article, Cummings argues that the concept of tax exceptionalism has been wildly overstated and used mostly by tax avoiders, and he contends that, unlike some good ideas, the concept isn’t worth overstating. ...

A large crop of professors, brief authors, and article writers have gleefully claimed that some amorphous malady they call “tax exceptionalism” is dead, citing Mayo’s statements about National Muffler. The claim serves as an all-purpose ground for winning most any argument with the IRS. The flaws in their scholarship might be overlooked if they weren’t so darn happy about it. They all seem delighted to assert that the IRS and Treasury were taken down a peg by the Mayo opinion, often without noticing that Mayo held for the IRS and applied Chevron deference to a Treasury regulation. So if you want to take the IRS down a peg, Mayo isn’t your best cite.

The professorial criticism of a claimed insularity of tax professionals didn’t begin with National Muffler or Mayo or even professor Kristin Hickman. It dates to at least the early 1990s, when Paul Caron penned “Tax Myopia, or Mamas Don’t Let Your Babies Grow Up to Be Tax Lawyers [13 Va. Tax Rev. 517 (1994).] ” Again, a catchy title coupled with amusing criticism of the sometimes-self-important group known as tax lawyers kicked off a season of derision for pastimes such as trying to discover the meaning of the code by reading legislative history. Caron was able to enlist professor Boris I. Bittker in his cause.

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November 8, 2022 in Scholarship, Tax, Tax Analysts, Tax Scholarship | Permalink

Monday, November 7, 2022

Stark Presents Kneecapping Prop 13 Through The Income Tax Today At San Diego

Kirk J. Stark (UCLA) presents Kneecapping Prop 13 Through The Income Tax at San Diego today as part of its Tax Speaker Series hosted by Miranda Fleischer:

Stark (2018)Under constitutional limitations on California’s local property tax introduced via Proposition 13 in June 1978, homeowners are generally taxed not on the fair market value of their homes but rather the property’s historic cost. As home prices rise over time, this “acquisition value” feature has two predictable effects: (1) it results in significant property tax disparities, favoring longtime homeowners relative to more recent purchasers, and (2) it discourages homeowners from moving because of the increased property tax burdens associated with purchasing a new home. Less widely recognized is the offsetting effect of a longstanding feature of California’s income tax: the deduction for local property taxes. By directing a larger subsidy to those with higher property taxes, this provision favors recent homebuyers facing market-value property taxes relative to longtime owners with constitutionally limited assessed valuations. It also mitigates to some degree Prop 13’s lock-in effect by reducing the effective property tax rate for those who purchase new homes.

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November 7, 2022 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Dagan Presents Unbundled Tax Sovereignty Today At Loyola-L.A.

Tsilly Dagan (Oxford; Google Scholar) presents Unbundled Tax Sovereignty: Refining the Challenges at Loyola-L.A. today as part of its Tax Policy Colloquium hosted by Theodore Seto:

Tsilly-daganTax sovereignty under globalization is at risk of unraveling. This is not only–as is often argued—because international organizations or other states exert external power on sovereign states. It is also the very process of fragmentation of state sovereignty that undermines its own foundations. The main claim of this lecture is that globalization is increasingly altering the interaction between states and their constituents. The choices and flexibility it offers (some) taxpayers threaten to transform taxpayers from equal members of a political community entitled to a bundle of public goods and services into consumers of public goods and services offered à-la-carte. Such a transition, this lecture contends, undermines the basis for states’ sovereignty. It is therefore argued that, in order to ensure the continued legitimacy of their sovereignty, states should reconfigure their social contracts with their constituents.

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November 7, 2022 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Lesson From The Tax Court: The Impact Of De Novo Review In Spousal Relief Cases

Camp (2021)I don't just inflict misery on tax students.  I also teach a class in Civil Procedure to first year law students.  One recurring lesson there concerns the different standards courts of appeals use when reviewing trial court decisions.  I want my students to learn to that the applicable standard of review matters.  It not only makes a huge difference in the outcome of the current case, but it also can make a huge difference in the precedential effect of that case on later cases.

We learn today how the different standards of review affect both outcomes and precedential value of old spousal relief cases.  We also learn how the Tax Court might be induced to finesse the bastardized administrative record rule in §6015(e)(7).  In Pia O. Bacigalupi v. Commissioner, Docket No. 20480-21 (Order of Oct. 27, 2022) (Judge Holmes), the IRS Office of Appeals decided Ms. Baciglupi should be held to the joint liability she had agreed to bear when she signed the joint returns.  They were unmoved by her present circumstances and denied her request for §6015(f) equitable relief.  Despite the record review rule, Judge Holmes allowed her to testify, and on the basis of that testimony disagreed with the IRS about two crucial factors for spousal relief.  Under an abuse of discretion review, that disagreement would not have mattered but under the de novo review, it made all the difference.  The de novo review standard also allowed Judge Holmes to ignore certain precedents unfavorable to Ms. Baciglupi.  Notice, however, this is just an unpublished bench opinion, so don’t get too excited.  For more about that, I recommend Keith Fogg’s excellent post from last week on bench opinions in general and this case in particular.  Meanwhile, you will find today's lesson in more detail below the fold. 

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November 7, 2022 in Bryan Camp, New Cases, Scholarship, Tax, Tax Practice And Procedure, Tax Scholarship | Permalink | Comments (0)

Sunday, November 6, 2022

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 #1 and #5:

  1. SSRN Logo (2018) [997 Downloads]  The Perceived (Un)Fairness of the Global Minimum Corporate Tax Rate, by Rita de la Feria (Leeds)
  2. [399 Downloads]  Federal Tax Procedure (2022 Practitioner Ed.), by John Townsend (Houston)
  3. [391 Downloads]  Pillar 2's Impact on Tax Competition, by John Vella (Oxford), Michael Devereux (Oxford; Google Scholar) & Heydon Wardell-Burrus (Oxford)
  4. [341 Downloads]  Pillar Two and Developing Countries: The STTR and GloBE Implementation, by Heydon Wardell-Burrus (Oxford)
  5. [249 Downloads]  A Wrench in the GLOBE's Diabolical Machinery, by Ruth Mason (Virginia; Google Scholar)

November 6, 2022 in Scholarship, Tax, Tax Scholarship, Top 5 Downloads | Permalink

Friday, November 4, 2022

Weekly SSRN Tax Article Review And Roundup: Kim Reviews Kamin's Ambition, Limits, And Politics Of The Global Minimum Tax

This week, Young Ran (Christine) Kim (Cardozo; Google Scholar) reviews two new works by David Kamin (NYU), Why Book Minimum Taxes? Taking Politics Seriously, 177 Tax Notes Fed. 193 (Oct. 10, 2022), and The Ambition and Limits of the Global Minimum Tax, 177 Tax Notes Fed. 385 (Oct. 17, 2022).

Kim

The two articles I introduce today were written by David Kamin, who served as Deputy Assistant and Deputy Director of the National Economic Council under President Biden until May of 2022. Kamin’s articles focus on the corporate alternative minimum tax (AMT) and are his first publications since returning to academia. On a personal note, I was thrilled to discover that Kamin chose to write on a topic that is dear to me.

 

Kamin’s first article, Why Book Minimum Taxes? Taking Politics Seriously, presents a political argument for book minimum taxes. It explains how book minimum taxes address the challenge of coordinating political actors inside the United States and around the world. The recent enactment of a new corporate AMT in the United States has generated a mixed response. Some critics argue that Congress should fix the corporate income tax system directly by limiting subsidies, raising rates and not imposing another tax base as a backstop. 

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November 4, 2022 in Christine Kim, Scholarship, Tax, Tax Scholarship, Weekly SSRN Roundup, Weekly Tax Roundup | Permalink

Next Week’s Tax Workshops

Next Week's Tax Workshops - twitterMonday, November 7: Kirk J. Stark (UCLA) will present Kneecapping Prop 13 Through The Income Tax as part of the San Diego Tax Speaker Series

Monday, November 7: Tsilly Dagan (Oxford; Google Scholar) will present Unbundled Tax Sovereignty: Refining the Challenges as part of the Loyola-L.A. Tax Policy Colloquium. If you would like to attend, please RSVP here.

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November 4, 2022 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Mason Presents Bibb Balancing Today At Richmond

Ruth Mason (Virginia; Google Scholar) presents Bibb Balancing, 91 Geo. Wash. L. Rev. __ (2023) (with Michael S. Knoll (Penn)), at Richmond today as part of its Emanuel Emroch Colloquy Series hosted by Allison Tait:

Ruth masonCourts and commentators have long understood dormant Commerce Clause doctrine to contain two types of cases: discrimination and undue burdens. This Article argues for a more nuanced understanding that divides undue burdens into single-state burdens—which arise from the application of a single state’s law alone—and mismatch burdens, which arise from legal diversity. Although the Supreme Court purports to apply Pike balancing in all undue-burden cases, we show that the Court’s approach in mismatch cases differs substantially. Specifically, unlike in single-state cases, balancing in mismatch cases involves an implicit and potentially problematic comparison by the Court between the challenged state’s regulation and those of other states. We label analysis in mismatch cases “Bibb balancing,” after the famous mudflaps case, and we show that mismatch cases present the Court with a more challenging set of issues than do other types of dormant Commerce Clause cases. 

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November 4, 2022 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Buchanan Presents The Universality Of The Murphy-Nagel Approach Today At Florida

Neil Buchanan (Florida; Google Scholar) presents The Universality of the Murphy-Nagel Approach at Florida today as part of its Tax Policy Colloquium hosted by Charlene Luke:

Few academic books that have had as much immediate influence as The Myth of Ownership: Taxes and Justice (Myth), which upon publication in 2002 became a staple of syllabi across tax academia and launched important debates among scholars around the world. This was all the more impressive because neither of the authors, Liam Murphy and Thomas Nagel (MN), is a tax scholar. Yet their insights have changed the narrative in tax scholarship and beyond.

This surprising success raises a number of questions. Why is the book so important? Should it have even more impact than it has had — that is, is it possible that the scholars and policy analysts who have found it so interesting nonetheless failed to appreciate the full import of MN’s approach and arguments? Is it misunderstood? Is it perfect?

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November 4, 2022 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Thursday, November 3, 2022

Blank & Osofsky: The Inequity Of Informal Guidance

Joshua D. Blank (UC-Irvine; Google Scholar) & Leigh Osofsky (North Carolina; Google Scholar), The Inequity of Informal Guidance, 75 Vand. L. Rev. 1093 (2022):

The co-existence of formal and informal law is a hallmark feature of the U.S. tax system. Congress and the Treasury enact formal law, such as statutes and regulations, while the Internal Revenue Service offers the public informal explanations and summaries, such as taxpayer publications, website frequently asked questions, virtual assistants, and other types of taxpayer guidance. Throughout the COVID-19 pandemic, the IRS increased its use of informal law to help taxpayers understand complex emergency relief rules implemented through the tax system.

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November 3, 2022 in Scholarship, Tax, Tax Scholarship | Permalink

Todd: Bitner And The FBAR’s Muddy Morass—Shining A Light With Interpretive Tools

Following up on this morning's post, WSJ: The IRS And The 8th Amendment:  Timothy M. Todd (Liberty), The FBAR’s Muddy Morass: Shining a Light With Interpretive Tools, 177 Tax Notes Fed. 179 (Oct. 10, 2022):

Tax Notes Federal (2022)In this report, Todd tackles the question of whether foreign bank account report penalties should apply per account or per form through unit-of-prosecution analysis and a survey of similar misstatement regimes.

Introduction
The Supreme Court has granted certiorari to resolve a circuit split over the proper interpretation of the Bank Secrecy Act’s penalty regime for foreign bank account report violations. The question presented is “whether a ‘violation’ under the Act is the failure to file an annual FBAR (no matter the number of foreign accounts), or whether there is a separate violation for each individual account that was not properly reported.” In other words, does an FBAR violation result from each failure to report a particular foreign bank account, or does a violation result from the singular failure to file an FBAR for the year, regardless of the accounts at issue?

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November 3, 2022 in Scholarship, Tax, Tax Analysts, Tax Scholarship | Permalink

Wednesday, November 2, 2022

Wells: Foreign Tax Credit Redux

Bret Wells (Houston; Google Scholar), Foreign Tax Credit Redux, 26 Chap. L. Rev. __ (2023):

In the preamble to its 2022 final regulations, the Treasury Department provided multiple justifications for its amendments based on the historic policy goals of Section 901 and the manner that judicial case law has construed this provision. Yet, in fact, the amendments made by the 2022 final regulations deviate away from the historic policy goals of the U.S. foreign tax credit without any Congressional authorization for doing so. Moreover, these 2022 final regulations represent a strong repudiation of the Supreme Court’s own articulation of the Biddle doctrine in the PPL decision by attempting to formulate an interpretation of the Biddle doctrine that is inconsistent with the Supreme Court’s own interpretation of its own doctrine. The U.S. Treasury Department has forged a diametrically opposite policy approach in this era compared to the one that Congress chose to pursue in the circa 1918-1921 era when it enacted Section 901’s predecessor. In 1918, Congress adopted a unilateral foreign tax credit before a consensus on international taxation norms was forged, and the United States worked for a consensus on international norms in the succeeding years. 

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November 2, 2022 in Scholarship, Tax, Tax Scholarship | Permalink

The Other Bar Hurdle: An Examination Of The Character And Fitness Requirement For Bar Admission

David L. Hudson, Jr. (Belmont) & Andrea Gemignani (Belmont), The Other Bar Hurdle: An Examination of the Character and Fitness Requirement for Bar Admission, 48 Mitchell Hamline L. Rev. 500 (2022):

Conclusion
Character screening is an endemic part of the lawyer licensing process, as it has been for a long time. Some form of screening is necessary, as lawyers are officers of the court and fiduciaries with whom people repose a great deal of trust with their most intractable and important problems. But the process should be revamped to ensure it is fair and equitable. Any remaining vestiges of discrimination, whether against racial minorities or individuals with disabilities, must be eliminated. State bars and courts should continue to move toward awareness of social science research to determine appropriate evidence and factors for consideration in evaluating current moral character. Alternatives, such as an expansion of conditional admission or law student residency programs that focus on current fitness rather than past conduct, should be considered.

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November 2, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Hamilton vs. Jefferson In Supreme Court Direct Tax Jurisprudence

Joshua Cutler (Boise State; Google Scholar), Hamilton vs. Jefferson in Supreme Court Direct Tax Jurisprudence, 32 S. Cal. Interdisc. L.J. __ (2023):

Increasingly frequent calls for some form of a wealth tax highlight the importance of understanding whether such a tax would be considered an unconstitutional “direct tax” if not apportioned according to population. The definition of direct tax was left deliberately vague at the Constitutional Convention, and consequently its meaning has been shaped through battles between the opposing political philosophies of Alexander Hamilton and Thomas Jefferson. Hamilton and his allies prioritized an energetic national government with adequate taxing powers to support its functions and unite the states; had great respect for tradition, precedent, and practical experience; and preferred a broad mode of constitutional interpretation that showed strong deference to Congress. Jefferson and his allies prized individual liberty above all and viewed the national government as the chief threat to that liberty.

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November 2, 2022 in Scholarship, Tax, Tax Scholarship | Permalink

I Quit: Lessons For Educators From The Great Resignation

Emily Grant (Washburn; Google Scholar) & Elisabeth Wilder (Washburn), I Quit: Lessons for Educators from The Great Resignation, 85 U. Pitt. L. Rev. ___ (2023):

The Great Resignation is the story of millions of Americans who have quit their jobs in search of something different and represents a cultural shift in how people think about work. The demands of the Great Resignation—meaning, better working conditions, and work-life balance—will continue to be present in the foreseeable future. As such, educators must begin to incorporate these cultural shifts into their professional development curriculum and career services.

As educators, we spend so much time trying to help our students find and keep jobs that we often neglect the importance of teaching students how to change jobs. Many of our institutions are not preparing students for the reality that they will likely quit and switch jobs multiple times throughout their careers, especially within the first five years of their career.

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November 2, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Avi-Yonah: The Origins Of Destination-Based Income Taxation—U.S. And International Tax Perspectives

Reuven S. Avi-Yonah (Michigan; Google Scholar), The Origins of Destination-Based Income Taxation: Us and International Tax Perspectives:

Value added taxes are destination based, i.e., tax is imposed on imports and exports are zero rated (so that the exporter can receive a refund on VAT collected in previous stages of production). Income taxes, on the other hand, are typically origin based, i.e., imports are deductible and exports are taxed. However, from the very beginnings of the international tax regime, it was recognized that this treatment of income for tax purposes is unfair to destination countries which contribute to the profit created by the market. But the introduction of the permanent establishment (PE) threshold (which dates back to the Austria-Prussia tax treaty of 1889 and was included in the first League of Nations model of 1928) and the arm’s length standard (ALS) for dividing the income among related taxpayers (which dates to the 1930s) significantly limited the ability of destination countries to tax cross-border business income.

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November 2, 2022 in Scholarship, Tax, Tax Scholarship | Permalink

Feminist Legal History And Legal Pedagogy

Paula A. Monopoli (Maryland), Feminist Legal History and Legal Pedagogy, 108 Va. L. Rev. Online 91 (2022):

Women are mere trace elements in the traditional law school curriculum. They exist only on the margins of the canonical cases. Built on masculine norms, traditional modes of legal pedagogy involve appellate cases that overwhelmingly involve men as judges and advocates. The resulting silence signals that women are not makers of law—especially constitutional law. Teaching students critical modes of analysis like feminist legal theory and critical race feminism matters. But unmoored from feminist legal history, such critical theory is incomplete and far less persuasive. This Essay focuses on feminist legal history as foundational if students are to understand the implications of feminist legal theory. It offers several examples to illustrate how centering women and correcting their erasure from our constitutional memory is essential to educating future judges and advocates.

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November 2, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Tuesday, November 1, 2022

Dean Presents For-Profit Philanthropy Today At Boston College

Steven Dean (Brooklyn, visiting Boston University) presents For-Profit Philanthropy: Elite Power and the Threat of Limited Liability Companies, Donor-Advised Funds, and Strategic Corporate Giving (Jan. 2023) (with Dana Brakman Reiser (Brooklyn; Google Scholar)) at Boston College today as part of its Tax Policy Collaborative hosted by Jim Repetti:

For-profit-philanthropy

Introduction
This is the way the world ends
Not with a bang but a whimper.
— The Hollow Men by T.S. Eliot

The size of the US philanthropic sector hints at the pivotal role it has long played in American society. Americans gave almost $485 billion to charities in 2021 alone, a record-breaking outpouring of generosity sparked by the global pandemic but not out of step with typical annual totals. The nonprofit sector employs well over 10 percent of US private workers, and grantmaking foundations hold more than $1 trillion in assets, with billions more held by operating charities.

Disasters like the COVID-19 pandemic bring the contributions of this sector—to research, public health, job training, and community support—into sharp relief. Philanthropic institutions have the power to change lives and shape policy, fueled by a combination of private funding, government subsidies, and public goodwill. It has been a hallmark of American society since Alexis de Tocqueville identified it as unique in the 1830s. Yet, for all its power, a crisis now looms over the future of the philanthropic sector itself.

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November 1, 2022 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

The Unsung Heroes Of The Desegregation Of American Law Schools

Gail S. Stephenson (Southern; Google Scholar), The Unsung Heroes of the Desegregation of American Law Schools, 51 J. of L. & Educ. 118 (2022):

In 1940 seventeen American states prohibited interracial education by force of law. In 1945 the south offered white students sixteen law schools, but African-American students were limited to one segregated law school. Thurgood Marshall and the NAACP developed a strategy to desegregate American education by first attacking the inequities in graduate and professional education in the courts. Law schools were the first targets as Marshall hoped to develop a cadre of civil rights advocates who could carry on his work.

These lawsuits required courageous individuals to step forward to serve as test plaintiffs. These individuals were vilified, intimidated, and threatened. Ultimately only two actually graduated from the schools they sued to attend and practiced law, although some graduated from other law schools and went on to highly successful careers.

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November 1, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Monroe: Making Tax Law Work—Improvisation And Forgotten Taxpayers In Partnership Tax

Andrea Monroe (Temple), Making Tax Law Work: Improvisation and Forgotten Taxpayers in Partnership Tax, 55 U. Mich. J. L. Reform 549 (2022) (reviewed by Charlene D. Luke (Florida; Google Scholar) here): 

Michigan-j-l-reformThere is a growing awareness that federal tax law caters to a small number of wealthy and well-advised taxpayers without regard for the rest of the taxpaying public, and partnership tax is a prime example. This Article explains how complexity and indeterminacy have transformed partnership tax, harming millions of forgotten taxpayers who struggle to comply with their annual filing obligations. A root cause of this phenomenon is the professional culture among elite practitioners, policymakers, and scholars at the heart of the partnership tax system.

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November 1, 2022 in Scholarship, Tax, Tax Scholarship | Permalink

Call For Papers: Stetson Tax Law Symposium

The Stetson Business Law Review has issued a call for papers for its Tax Law Symposium:

Stetson Business Law Review (SBLR) is seeking articles and presenters for the 2023 edition of its Tax Law Symposium. The SBLR was founded in the 2019-20 academic year by ambitious students with strong interests in business law following the establishment of the Stetson Business Law Concentration. Earlier this year, SBLR successfully hosted its inaugural Symposium focused on white collar crime. The second annual Symposium will take place virtually on Friday, February 24, 2023, with an opportunity for hybrid in-person presentations. Following the virtual event, SBLR will be hosting a networking reception at the Tampa Law Center.

We invite you to submit an article for publication in the next edition of the Symposium paired with a presentation, or to join as a presenter without an article submission. We are hopeful that you take advantage of this unique opportunity to share your specialized knowledge for the benefit of the profession, while showcasing your expertise nationally. Each submission should be related to tax law, and satisfy the following:

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November 1, 2022 in Conferences, Legal Education, Scholarship, Tax, Tax Conferences, Tax Scholarship | Permalink

Monday, October 31, 2022

Love Presents Who Benefits From Partnership Flexibility? Today At UC-Irvine

Michael Love (Berkeley) presents Who Benefits from Partnership Flexibility? at UC-Irvine today as part of its Tax Policy Colloquium:

Michael-loveartnerships, unlike corporations, offer business owners and investors great flexibility to divide up income and losses. Although this flexibility can reduce agency and transaction costs, it also presents opportunities to avoid taxes. Regulations limit such behavior, but the question remains: how much tax reduction occurs in practice on account of this flexibility, and who benefits? Using US federal tax records from 2019, I estimate that taxes on partnership income are substantially lower (by 13%, roughly $14 billion) compared to a counterfactual where the same income is allocated according to a less flexible set of rules, similar to S-corporations. I also reconstruct partnership ownership networks to understand who benefits from flexibility. I find that both the use of flexible allocations and the tax benefits therefrom are highly concentrated in a small number of larger, more complex partnership networks, with the largest benefits accruing to very high-income earners and to networks involving tax havens, trusts, foreign entities, and circular structures.

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October 31, 2022 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Wilking Presents Tax Incidence With Heterogeneous Firm Evasion: Evidence From Airbnb Remittance Agreements Today At Loyola-L.A.

Eleanor Wilking (Cornell) presents Tax Incidence with Heterogeneous Firm Evasion: Evidence from Airbnb Remittance Agreements at Loyola-L.A. today as part of its Tax Policy Colloquium hosted by Theodore Seto:

Eleanor-WilkingHow does assignment of the remittance obligation affect consumption tax incidence? In classical tax theory, the responsibility of transferring tax revenue has no effect on which party bears the economic burden of a consumption tax. I explore this prediction in the context of agreements between city governments and a large digital platform firm that shifted the obligation to remit hotel taxes from independent rentors to the platform firm itself. Using variation in the location and timing of such agreements, I estimate their effect on rental prices. My results indicate that shifting the remittance obligation to the platform increases after-tax prices, suggesting that consumers bear a greater share of the tax burden when the remittance obligation is shifted to a party with fewer evasion opportunities.

Commentator: Rita de la Feria (Leeds; Google Scholar)

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October 31, 2022 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Sunday, October 30, 2022

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 #1 paper and a new paper debuting on the list at #5:

  1. SSRN Logo (2018) [380 Downloads]  Federal Tax Procedure (2022 Practitioner Ed.), by John Townsend (Houston)
  2. [376 Downloads]  Pillar 2's Impact on Tax Competition, by John Vella (Oxford), Michael Devereux (Oxford; Google Scholar) & Heydon Wardell-Burrus (Oxford)
  3. [331 Downloads]  Pillar Two and Developing Countries: The STTR and GloBE Implementation, by Heydon Wardell-Burrus (Oxford)
  4. [230 Downloads]  International Tax Reform: Challenges to Multilateral Cooperation, by Assaf Harpaz (Drexel; Google Scholar)
  5. [172 Downloads]  VAT Goes Virtual: Security Tokens, by Joachim Englisch (Muenster)

October 30, 2022 in Scholarship, Tax, Tax Scholarship, Top 5 Downloads | Permalink

Saturday, October 29, 2022

Call For Papers: Fordham Journal Of Corporate & Financial Law

The Fordham Journal of Corporate & Financial Law has issued a call for papers

The Fordham Journal of Corporate & Financial Law is now accepting submissions for the Spring 2023 Issue of Volume XXVIII.  As one of the premier student-edited business law journals in the country, the Journal ranks among the top-five specialty journals in banking and financial law, and among the top-ten specialty journals in corporate and securities law.

The Journal welcomes articles and essays addressing important issues in banking, bankruptcy, corporate governance, capital markets, finance, mergers and acquisitions, securities, and tax law and practice.

Please send all submissions to either our Scholastica page or our email at jcfl@fordham.edu. For consideration in our Spring 2023 Issue, kindly send in your submissions by Friday, December 14th, 2022.

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October 29, 2022 in Legal Education, Scholarship, Tax, Tax Scholarship | Permalink

The Professional Responsibility Case For Valid And Nondiscriminatory Bar Exams

Joan W. Howarth (UNLV; Dean Emerita, Michigan State; Google Scholar), The Professional Responsibility Case for Valid and Nondiscriminatory Bar Exams, 33 Geo. J. Legal Ethics 931 (2020):

Title VII protects against workplace discrimination in part through the scrutiny of employment tests whose results differ based on race, gender, or ethnicity. Such tests are said to have a disparate impact, and their use is illegal unless their validity can be established. Validity means that the test is job-related and measures what it purports to measure. Further, under Title VII, even a valid employment test with a disparate impact could be struck down if less discriminatory alternatives exist.

Licensing tests, including bar exams, have been found to be outside these Title VII protections. But the nondiscrimination values that animate Title VII disparate impact analysis for employers apply just as fundamentally to attorney licensing through principles of professional responsibility and legal ethics.

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October 29, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Friday, October 28, 2022

Weekly SSRN Tax Article Review And Roundup: Roberts Reviews Dagan's Tax Justice In The Era Of Mobility And Fragmentation

This week, Tracey Roberts (Cumberland; Google Scholar) reviews Tsilly Dagan (Oxford; Google Scholar), Tax Justice in the Era of Mobility and Fragmentation, 4 Revue européenne du droit, Paris: Groupe d’études géopolitiques (Summer 2022).

Roberts (2020)

At a recent Oxford University Philosophy, Law, and Politics Colloquium at All Souls College, Dr. Liam Murphy (NYU) presented his paper, “Why Tax Wealth?” to a large assembly of students and scholars hailing from countries all over the globe and bringing insights from an array of disciplinary fields. He acknowledged that taxing wealth may be an effective and efficient means to tax income from capital (which largely escapes taxation in the United States), but noted that his focus in this article was on the role wealth taxation plays in securing economic justice; he asked whether wealth, itself, contributes to welfare. As some of the colloquium participants noted, Murphy’s fellow political philosopher, Professor Martha Fineman (Emory), would argue that human beings experience an array of vulnerabilities in this material world, that we have differing levels of resilience, that wealth provides an important form of resilience, and that the state has an important role in ensuring our resilience. 

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October 28, 2022 in Scholarship, Tax, Tax Scholarship, Tracey Roberts, Weekly SSRN Roundup, Weekly Tax Roundup | Permalink

Next Week’s Tax Workshops

Tax Workshops (Big)Monday, October 31: Michael Love (UC-Berkeley) will present Who Benefits from Partnership Flexibility? as part of the UC-Irvine Tax Policy Colloquium. If you would like to attend, please RSVP here.

Monday, October 31: Eleanor Wilking (Cornell) will present Tax Incidence with Heterogeneous Firm Evasion: Evidence from Airbnb Remittance Agreements as part of the Loyola-L.A. Tax Policy Colloquium. If you would like to attend, please RSVP here.

Tuesday, November 1: Steven Dean (Brooklyn, visiting Boston University) will present For-Profit Philanthropy: Elite Power and the Threat of Limited Liability Companies, Donor-Advised Funds, and Strategic Corporate Giving as part of the Boston College Tax Policy Collaborative. If you would like to attend, please contact Jim Repetti.

Friday, November 4: Ruth Mason (Virginia; Google Scholar) will present Bibb Balancing, 91 Geo. Wash. L. Rev. __ (2023) (with Michael S. Knoll (Penn)) as part of the Richmond Emanuel Emroch Colloquy Series. If you would like to attend, please contact Allison Tait.

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October 28, 2022 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Eliminating Wealthy Investors’ Tax Benefit From Police Brutality Bonds

Likhitha Butchireddygari (J.D. 2023, Columbia), Note, Eliminating Wealthy Investors’ Tax Benefit from Police Brutality Bonds, 123 Colum. L. Rev. __ (2023):

Columbia Law ReviewIn the backdrop of calls to reform policing after decades of devastating police violence, particularly against people of color, this Note points to two concurrent phenomena that result in the federal tax code sanctioning benefits to the wealthiest taxpayers who lend to municipalities for police brutality settlements or judgments. The first phenomenon is cities electing to issue bonds to satisfy these costly payouts. These bonds have been coined “police brutality bonds.” The second is the opportunity for those in the top tax brackets to receive a tax benefit from collecting interest on municipal debt because municipal bond interest is tax-exempt. This Note argues that the federal tax code should not allow wealthy taxpayers to receive tax benefits from funding police brutality bonds.

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October 28, 2022 in Scholarship, Tax, Tax Scholarship | Permalink

Thursday, October 27, 2022

Weathering State And Local Budget Storms: Fiscal Federalism With An Uncooperative Congress

David Gamage (Indiana-Maurer; Google Scholar), Darien Shanske (UC-Davis; Google Scholar), Gladriel Shobe (BYU; Google Scholar) & Adam Thimmesch (Nebraska), Weathering State and Local Budget Storms: Fiscal Federalism with an Uncooperative Congress, 55 U. Mich. J.L. Reform 309 (2022):

Michigan-j-l-reformThroughout most of 2020, state and local governments faced severe budget crises as a result of the COVID-19 pandemic. Increased demand for state welfare services and rising state expenses related to controlling the spread of COVID-19 stretched state and local budgets to their breaking points. At the same time, layoffs, business closures, and social distancing measures reduced states’ primary sources of tax revenues. The traditional practice of American fiscal federalism is for the federal government to step in to provide aid during a national emergency of this magnitude, because state and local governments lack the federal government’s monetary and fiscal powers. But during the 2020 national emergency, the majority coalition in control of Congress was skeptical of thistraditional practice, leaving federal aid limited and insufficient. 

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October 27, 2022 in Scholarship, Tax, Tax Scholarship | Permalink

Meditations On Teaching What Isn't

Kris Franklin (New York Law School), Meditations on Teaching What Isn't, 66 N.Y.L. Sch. L. Rev. 47 (2022):

Lawyers reason from facts, but we also reason from absence.

The lack of something we might logically expect to be found, but has not been, may be highly and suggestively meaningful. In a culture infused with matters of race and not-infrequently affected by racism, what "is not there" will often be things that especially intersect with the lives of people of color.

This essay explores the teaching of absence as a form of logical thinking. In so doing, it surveys a wide array of examples in various core legal subjects that may point to the omission of diverse perspectives. The article provides law faculty and students with samples of ways to make more visible that which is currently not seen.

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October 27, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Infanti & Crawford: Critical Tax Theory—Insights From The US And Opportunities For All

Anthony C. Infanti (Pittsburgh; Google Scholar) & Bridget J. Crawford (Pace; Google Scholar), Critical Tax Theory: Insights from the US and Opportunities for All, 51 Australian Tax Rev. 81 (2022):

At a moment when Australia -- and the world -- finds itself at a 'critical juncture' as it reckons with a global pandemic as well as the inequalities that COVID-19 has laid bare, voicing -- and listening to -- critical tax perspectives has become more vital than ever. The economic impact of COVID-19 has precipitated talk of tax reform as nations consider how to pay for aid distributed during the pandemic and how to restart their economies. But more than just a time of crisis, the pandemic can be seen as an unexpected opportunity to break with a past plagued by social and economic inequalities, to rethink our relationships with each other, and to begin the work of building better and more just societies. 

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October 27, 2022 in Scholarship, Tax, Tax Scholarship | Permalink

Stanford Hosts Forum Today On Tax Policies For A Freer And Fairer Country

The Stanford Institute for Economic Policy Research (SIEPR) hosts a forum today from 11:30 AM - 7:00 PM PT (register here). 

12:00 PM: Welcome Remarks

  • Mark Duggan (Stanford; Google Scholar), the Trione Director of SIEPR, the Wayne and Jodi Cooperman Professor of Economics

Tax-on-individuals12:15 PM: Tax on Individuals—Equity and Efficiency

  • Kimberly Clausing (UCLA; Google Scholar)
  • Kevin Hassett (Hoover Institution; Google Scholar)
  • Scott Hodge (Tax Foundation)
  • Mark Wolfson (Stanford) (moderator)

 

 

 

 

 

Corporate tax1:30 PM: Corporate Tax—Tax-induced Distortions, Profit Shifting, and Location and Investment Decisions

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October 27, 2022 in Conferences, Scholarship, Tax, Tax Conferences, Tax Scholarship | Permalink

Brooklyn Hosts Discussion Today On A Global UN Tax Convention And Human Rights

Brooklyn hosts a Discussion on a Global UN Tax Convention and Human Rights today from 5:00 PM - 6:30 PM EST. 

Objectives
On the margins of the UN General Assembly, the UN Independent Expert on foreign debt and human rights is convening a side event with the general aim of deepening discussions around the content of her thematic report, including the recommendations therein. More specifically, this side event will focus on:

  • Further discussing the current issues plaguing the international tax architecture;
  • Examining in detail the recommendations of creating a global UN led tax convention and a global tax body using a human rights lens.

Moderator: 

Speakers: 

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October 27, 2022 in Conferences, Scholarship, Tax, Tax Conferences, Tax Scholarship | Permalink

Wednesday, October 26, 2022

Morse: Emergency Money—Lessons From The Paycheck Protection Program

Susan C. Morse (Texas; Google Scholar), Emergency Money: Lessons from the Paycheck Protection Program, 55 U. Mich. J.L. Reform 175 (2021):

Michigan Journal of Law ReformThe Paycheck Protection Program, or PPP, was huge. Between April 2020 and May 2021, it provided almost $800 billion to more than 11 million businesses—about a third of all U.S. businesses with 500 employees or fewer. The PPP was also flawed. Treasury and the Small Business Administration faced incomplete statutory instructions and a challenging tradeoff between speed and accuracy in distributing PPP funds.

These flaws make the PPP a realistic and valuable case study; the PPP reveals tools that can be applied to similar distributions of emergency funds. One tool is back-end adjustments, meaning that funds are first distributed and then later it is decided whether recipients may keep the money. Another tool is distribution in descending order of necessity, meaning that the first recipients to receive funds are applicants that most clearly meet the criteria of the program. 

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October 26, 2022 in Scholarship, Tax, Tax Scholarship | Permalink

Scharff & Shanske: The Case For Local Income Taxes In The Era Of Increased Remote Work

Erin Adele Scharff (Arizona State) & Darien Shanske (UC-Davis; Google Scholar), The Surprisingly Strong Case for Local Income Taxes in the Era of Increased Remote Work, 74 Hastings L.J. __ (2022):

Hastings Law JournalThe traditional theoretical literature on fiscal federalism urges cities to finance themselves with taxes on immobile sources. Thus, the literature sees real property taxes as the best source of local revenue; real property, after all, cannot be easily moved. This same literature eschews local income taxes because it is easy for a taxpayer to move, thus allowing exit from local income tax obligations.

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October 26, 2022 in Scholarship, Tax, Tax Scholarship | Permalink

Black Lawyers Matter: Enduring Racism In American Law Firms

Vitor M. Dias (Indiana-Bloomington), Black Lawyers Matter: Enduring Racism in American Law Firms, 55 U. Mich. J.L. Reform 99 (2021): 

Michigan Journal of Law ReformScholars and practitioners have extensively examined patterns of racial inequality in U.S. corporate law firms. In the corporate bar, pull factors that have long shaped legal professionals’ careers include promotions, outside job offers, and family priorities that may lead to leaving the labor force altogether. Push factors, such as discrimination, problems with management, and work-life conflict, also precipitate work transitions. Beyond corporate firms, however, an urgent question remains open to empirical scrutiny: How does race affect career moves in the contemporary American legal profession?

In this Article, I address this question drawing upon data from the first nationally representative, longitudinal survey of U.S. lawyers. This study is one of few that uses event history analysis as a statistical technique to examine legal careers.

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October 26, 2022 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Kamin: The Ambition, Limits, And Politics Of The Global Minimum Tax

David Kamin (NYU), Why Book Minimum Taxes? Taking Politics Seriously, 177 Tax Notes Fed. 193 (Oct. 10, 2022):

Tax Notes Federal (2022)In this article, Kamin explores the political and institutional challenges that the book minimum tax seeks to address, and he concludes that the case for it in the international context is strongest even though it has been used to overcome detrimental interest-group politics in the domestic context. ...

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October 26, 2022 in Scholarship, Tax, Tax Analysts, Tax Scholarship | Permalink

Tuesday, October 25, 2022

Dean Presents For-Profit Philanthropy Today At UC-Hastings

Steven Dean (Brooklyn) presents a chapter from For-Profit Philanthropy: Elite Power & the Threat of Limited Liability Companies, Donor-Advised Funds, & Strategic Corporate Giving (Jan. 2023) (with Dana Brakman Reiser (Brooklyn; Google Scholar)) at UC-Hastings today as part of its Tax Speaker Series hosted by Heather Field and Manoj Viswanathan:

For-profit-philanthropyIntroduction
This is the way the world ends
Not with a bang but a whimper.
— The Hollow Men by T.S. Eliot

The size of the US philanthropic sector hints at the pivotal role it has long played in American society. Americans gave almost $485 billion to charities in 2021 alone, a record-breaking outpouring of generosity sparked by the global pandemic but not out of step with typical annual totals. The nonprofit sector employs well over 10 percent of US private workers, and grantmaking foundations hold more than $1 trillion in assets, with billions more held by operating charities.

Disasters like the COVID-19 pandemic bring the contributions of this sector—to research, public health, job training, and community support—into sharp relief. Philanthropic institutions have the power to change lives and shape policy, fueled by a combination of private funding, government subsidies, and public goodwill. It has been a hallmark of American society since Alexis de Tocqueville identified it as unique in the 1830s. Yet, for all its power, a crisis now looms over the future of the philanthropic sector itself.

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October 25, 2022 in Book Club, Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Raskolnikov Presents Should Only the Richest Pay More? Today At NYU

Alex Raskolnikov (Columbia) presents Should Only the Richest Pay More? (reviewed by David Elkins (Netanya, visiting NYU 2021-2023; Google Scholar) here) at NYU today as part of its Tax Policy and Public Finance Colloquium hosted by Daniel Shaviro:

Alex_raskolnikov_0This paper challenges the leading academic, political, and cultural narrative supporting greater redistribution. The narrative holds that redistribution should come at the expense of a very restricted group of the highest earners: the one percent, the super-rich, the billionaire class. I argue that many reasons offered in support of this view call for redistribution from a much broader group that includes the affluent—those with incomes in the ninetieth to ninety-ninth percentiles of the distribution. Whether one looks at the recent trends in income concentration, wealth concentration, social mobility, political representation, or the rise of populism, the affluent are as great—and sometimes greater—contributors to these problems as those in the top one percent. Remarkably, contemporary legal scholarship has ignored the affluent almost completely, greatly limiting the magnitude of possible economic transfers as well the forms that these transfers may take.

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October 25, 2022 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

2022 Tax Notes Student Writing Competition Winner: The Intersection Of Tax And The Art Market

Arielle Zhivko (J.D. 2024, Osgoode Hall), Concealed Masterpieces: The Intersection of Taxation and the Art Market, 176 Tax Notes Fed. 2075 (Sept. 26, 2022) (1st Place: Tax Notes Student Writing Competition):

Tax Notes (2021)In this article, Zhivko explores how the collection of art has morphed into a highly appealing outlet for tax evasion and avoidance and examines the evolution of art-related tax reforms and their adverse effects. She also weighs the global justice aspects of taxation and subsidies against the need for access to educational and cultural materials provided by art and museums.

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October 25, 2022 in Legal Education, Scholarship, Tax, Tax Analysts, Tax Scholarship, Teaching | Permalink

Monday, October 24, 2022

Gondwe Presents The Tax Invisible Labor Problem Today At Loyola-L.A.

Nyamagaga Gondwe (Wisconsin; Google Scholar) presents The Tax-Invisible Labor Problem: Care, Work, Kinship, and Income Security Programs in the IRC, 102 B.U. L. Rev. __ (2022) (reviewed by Shayak Sarkar (UC-Davis; Google Scholar) here), at Loyola-L.A. today as part of its Tax Policy Colloquium hosted by Theodore Seto:

GondweSince the mid-1990s, American financial assistance programs have increasingly shifted to require evidence of labor market participation as a criteria for eligibility. This shift signals a change from previous welfare programs that were distributed principally based on unmet material need. The shift from need-based to income-tested income security programs has been lauded for increasing labor force participation. But in this shift, income security programs have failed to account for the labor of non-market care workers. These care workers, whose household production is a fundamental component of market life, experience both economic insolvency and tax-invisibility in the face of assistance systems that do not recognize care work as eligible labor. Because care work disproportionately falls to women in American homes, income-tested financial assistance programs place an outsized strain women's economic lives. 

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October 24, 2022 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Lederman Presents How Did Luxembourg Become A Tax Rulings Haven? Today At UC-Irvine

Leandra Lederman (Indiana-Maurer; Google Scholar) presents How Did Luxembourg Become a Tax Rulings Haven? at UC-Irvine today as part of its Tax Policy Colloquium:

Lederman-leandra (1)In November 2014, the International Consortium of Investigative Journalists (ICIJ) broke the “LuxLeaks” scandal, revealing hundreds of billions of dollars of “sweetheart deals” given by the small country of Luxembourg to large multinational enterprises, including many name-brand U.S. companies. Although others have written about this headline-news international scandal, which revealed hundreds of previously confidential tax rulings, this Article is the first to explain where Luxembourg’s opaque rulings process came from and the elements that allowed it to be so prolific. This Article is also the first to fully explain the timing of Luxembourg’s reform of its rulings process in relation to the ICIJ’s investigation. The heart of this Article is an original theory regarding the conditions that allow this kind of special tax arrangement to flourish. Using Luxembourg as a case study, the Article argues that three elements were critical: (1) amenability of the tax administration, (2) trust in that administration by tax advisers and (3) secrecy.

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October 24, 2022 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Lesson From The Tax Court: Fake It Till You Make It

Camp (2021)Today’s lesson is how to win a valuation dispute with the IRS.  I don’t teach much about valuation in my basic tax course. When we work problems involving property, the problems generally tell students to assume a certain fair market value (FMV) for the property.  For example, when I teach the deductions allowed by §170 for contributions of property to a charity, what I want students to learn is the reduce-to-basis rule.  To work that particular rule, those problems just assert an FMV because I’m trying to get them to focus on what kind of property is being donated and to what kind of charity.  See e.g. last week’s lesson “The Reduce-To-Basis Rule For §170 Deductions,” TaxProf Blog (Oct. 17, 2022).

I tell students that in real life, valuation is often open to dispute.  That is because facts matter.  And facts may often be disputed.  Moreover, assumptions matter as well.  And assumptions may often be questioned.

This week, we learn a great lesson from the Tax Court on how to win a valuation dispute against the IRS: have a better expert.  While that is easy to say, the 43-page opinion in Champions Retreat Golf Founders LLC et al. v. Commissioner, T.C. Memo. 2022-106 (Oct. 17, 2022) (Judge Pugh), teaches how it is not always easy to do. Today’s case involves the valuation of a conservation easement.  The taxpayer’s expert was not the best, but the IRS’s expert was worse.  So the taxpayer won.  The lesson is kind of like the old joke that you don’t have to outrun the bear: a taxpayer’s valuation does not have to be the best possible; it just has to be better than the IRS’ valuation.  Details below the fold.

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October 24, 2022 in Bryan Camp, New Cases, Scholarship, Tax, Tax Practice And Procedure, Tax Scholarship | Permalink | Comments (3)

Sunday, October 23, 2022

Hamill: Moral Reflections On 21st Century Tax Policy Trends

Susan Pace Hamill (Alabama), Moral Reflections on 21st Century Tax Policy Trends, 52 Cumb. L. Rev. 1 (2022):

Focusing on individual taxpayers, this article offers moral reflections on state and local and federal tax policy trends during the first two decades of the twenty-first century. Although tax policy decisions are made by politicians (who often rely on economists), determining the best tax policy is ultimately an ethical issue and serves as a barometer revealing the true moral compass of any community.

I started thinking about ethical tax policy while studying theology at the Beeson Divinity School, a conservative evangelical seminary that is part of Samford University. At Beeson, I noticed for the first time the gap between “walk and talk” in my home state of Alabama—although more than 90% of Alabamians claimed to be Christians, its regressive state and local taxes and paltry K-12 funding harshly impacted the most vulnerable and powerless Alabamians. In 2002, I published my thesis that condemned this as biblically immoral and urged all Christians in Alabama, especially political and religious leaders, to support reforms [An Argument for Tax Reform Based on Judeo-Christian Ethics, 54 Ala. L. Rev. 1 (2002)].

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October 23, 2022 in Faith, Scholarship, Tax, Tax Scholarship | Permalink

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  new papers debuting on the list at #3 and #4:

  1. SSRN Logo (2018)[363 Downloads]  The Passthrough Entity Tax Scandal, by Daniel Hemel (NYU; Google Scholar) (reviewed by David Elkins (Netanya; visiting NYU 2021-23; Google Scholar) here)
  2. [358 Downloads]  Federal Tax Procedure (2022 Practitioner Ed.), by John Townsend (Houston)
  3. [348 Downloads]  Pillar 2's Impact on Tax Competition, by John Vella (Oxford), Michael Devereux (Oxford; Google Scholar) & Heydon Wardell-Burrus (Oxford)
  4. [311 Downloads]  Pillar Two and Developing Countries: The STTR and GloBE Implementation, by Heydon Wardell-Burrus (Oxford)
  5. [219 Downloads]  International Tax Reform: Challenges to Multilateral Cooperation, by Assaf Harpaz (Drexel; Google Scholar)

October 23, 2022 in Scholarship, Tax, Tax Scholarship, Top 5 Downloads | Permalink

Friday, October 21, 2022

Weekly SSRN Tax Article Review And Roundup: Elkins Reviews Raskolnikov's Should Only The Richest Pay More?

This week, David Elkins (Netanya, visiting NYU 2021-2023; Google Scholar) reviews a new paper by Alex Raskolnikov (Columbia), Should Only the Richest Pay More? (2022).

Elkins (2018)

Reportedly, F. Scott Fitzgerald once remarked to Ernest Hemingway that “the rich are different from you and me,” to which the latter replied, “Yes, they have more money.”

Taxing the rich has a strong intuitive and political appeal. However, the call to do so means little unless we identify whom we mean by “the rich.” In 2011, the Occupy Wall Street movement demanded in the name of the “99%” that the “1%” pay more. Under this conception, a person who is wealthier than 98.99% of the population is a member of the downtrodden “99%,” and has a place in the front line of protesters calling for increased taxes on the rich. Since then, proposals to tax the rich have tended to raise the threshold even higher. The Biden administration’s proposal to include unrealized gain in the income tax base would have applied only to those with assets of over $1 billion or income of over $100 million per year for three consecutive years. 

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October 21, 2022 in Scholarship, Tax, Tax Scholarship, Weekly SSRN Roundup, Weekly Tax Roundup | Permalink

Next Week’s Tax Workshops

Tax Workshops (Big)Monday, October 24: Leandra Lederman (Indiana-Maurer; Google Scholar) will present How Did Luxembourg Become a Tax Rulings Haven? as part of the UC-Irvine Tax Policy Colloquium. If you would like to attend, please RSVP here

Monday, October 24: Nyamagaga Gondwe (Wisconsin; Google Scholar) will present The Tax-Invisible Labor Problem: Care, Work, Kinship, and Income Security Programs in the IRC (reviewed by Shayak Sarkar (UC-Davis; Google Scholar) here) as part of the Loyola-L.A. Tax Policy Colloquium. If you would like to attend, please RSVP here

Tuesday, October 25: Steven Dean (Brooklyn) will present a chapter from For-Profit Philanthropy: Elite Power & the Threat of Limited Liability Companies, Donor-Advised Funds, & Strategic Corporate Giving (Jan. 2023)(with Dana Brakman Reiser (Brooklyn; Google Scholar)) as part of the UC-Hastings Tax Speaker Series. If you would like to attend, please contact Heather Field.

Tuesday, October 25: Alex Raskolnikov (Columbia) will present Should Only the Richest Pay More? as part of the NYU Tax Policy and Public Finance Colloquium. If you would like to attend, please contact Daniel Shaviro.

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October 21, 2022 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink