Paul L. Caron
Dean





Tuesday, April 9, 2024

Florida Tax Review Publishes New Issue

Florida tax reviewThe Florida Tax Review has published Vol. 26, No. 1 (Fall 2022):

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April 9, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Monday, April 8, 2024

Sarkar Presents Internal Revenue's External Borders Today At Pepperdine

Shayak Sarkar (UC-Davis; Google Scholar) presents Internal Revenue's External Borders, 112 Calif. L. Rev __ (2024), at Pepperdine today as part of its Tax Policy Workshop Series hosted by Deanna Newton:

Shayak sarkarThe mandate of tax agencies seems clear: to secure revenue for the government and ensure taxpayer compliance. Yet for decades, the Internal Revenue Service (IRS) has regularly facilitated violent immigration enforcement. Scholars and the public have paid significant attention to the state and local policing of immigration law. But the role of tax bureaucrats as generals—no mere foot soldiers—has largely been overlooked.

This Article corrects that oversight. Building on emerging critiques of the tax system, I first describe tax-agency leadership in immigration raids, holding the dry mechanics of agency procedures against stark examples of IRS complicity in civil rights violations. I then raise several concerns about tax-agency involvement in immigration enforcement. After describing the tax-law origins of immigration raids’ constitutional exceptionalism, I assess residual constraints on tax-agency involvement: taxpayer privacy, regulatory suppression, and civil rights liability.

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April 8, 2024 in Colloquia, Pepperdine Tax, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

McCouch: Estate Tax Valuation, Life Insurance, And Stock Redemptions In Connelly

Grayson M.P. McCouch (Florida), Connelly’s Conundrum: Life Insurance and Stock Redemptions, 182 Tax Notes Fed. 2199 (Mar. 18, 2024):

Tax Notes Federal (2022)In this article, McCouch weighs in on how the Supreme Court in Connelly should resolve a circuit split over the estate tax valuation of a controlling shareholder’s stock that is redeemed by the corporation using the proceeds of corporate-owned life insurance, and he urges the Court to dispel lingering confusion about redemption agreements funded with life insurance. ...

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April 8, 2024 in Scholarship, Tax, Tax Analysts, Tax Daily, Tax Scholarship | Permalink

Sunday, April 7, 2024

The Top Five New Tax Papers

This week's list of the Top 5 Recent Tax Paper Downloads is the same as last week's list.

  1. SSRN Logo (2018) [475 Downloads]  No More Tax-Free Lunch for Billionaires: Closing the Borrowing Loophole, by Edward Fox (Michigan; Google Scholar) & Zachary Liscow (Yale; Google Scholar)
  2. [390 Downloads]  Taxing People, Not Residents, by Yariv Brauner (Florida, Google Scholar) (reviewed by Mirit Eyal-Cohen (Alabama; Google Scholar) here)
  3. [277 Downloads]  Designing a Powerful General Anti-Avoidance Rule: Reflections on the New Zealand Experience, by Craig Elliffe (Auckland; Google Scholar)
  4. [216 Downloads]  Board Control of a Charity's Subsidiaries: The Saga of OpenAI, by Ellen Aprill (Loyola-L.A.; Google Scholar), Rose Chan Loui (UCLA) & Jill Horwitz (UCLA)
  5. [183 Downloads]  Keep Charitable Oversight in the IRS, by Philip Hackney (Pittsburgh; Google Scholar)

April 7, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship, Top 5 Downloads | Permalink

Saturday, April 6, 2024

Mirkay Presents Formulating Tax Policy Through The Lens Of Economic Dignity At Indiana

Nicholas Mirkay (Hawaii; Google Scholar) presented Formulating Tax Policy Through the Lens of Economic Dignity at Indiana-Maurer yesterday as part of its Tax Policy Colloquium hosted by Leandra Lederman:

Mirkay (2025)We must examine our federal and state tax systems, which play a central role in overall fiscal policy, through the lens of economic dignity with an eye on the effect of these policies at the human or individual level. To harness the power of economic dignity, instructs Gene Sperling, policy determinations must begin with “the end goals of lifting human well-being.” Economic growth, an often pronounced as an end by policy makers, is not an end goal in and of itself because growth does not ensure it will lift all people from various socioeconomic, racial, and ethnic backgrounds. It does not automatically take into account differences in wealth accumulation or even the types of wealth held. A focus on growth alone likewise does ensure fairness and equal treatment. The end goal of human well-being must supersede ideology and not allow policy makers to get mired in the weeds of programmatic details. Such details may be necessary, but they are not the end goal.

In order to “go out of the comfort zone of [economic] numbers,” Sperling recommends this beginning with this question: “What would a person on his or her death bed say mattered most in his or her economic life?” What is the destination – the ultimate goal to which we aspire?

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April 6, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Friday, April 5, 2024

Weekly SSRN Tax Article Review And Roundup: Layser Reviews Tahk's The Tax Separation Of Powers

This week, Michelle Layser (San Diego; Google Scholar) reviews Susannah Camic Tahk (Wisconsin), The Tax Separation of Powers.

Michelle-layser

The economic development tax incentives that I study rarely appear in Tax Court cases. Instead, they tend to be the subject of legislative activity. Congress amends laws like the low-income housing tax credit and new markets tax credit to adjust program size, extend deadlines, and tweak eligibility requirements. Legislators debate whether incentives like opportunity zones are helpful social and economic policy tools or wasteful giveaways. Every so often, a case will reference an economic development incentive, but it’s unusual. I had no idea that this was part of a larger trend. In a new article, Professor Susannah Camic Tahk argues that the Code sections the Tax Court reviews (the “judicial Code”) and those that receive attention from Congress (the “legislative Code”) have so little overlap that they constitute a substantive divide in the separation of powers. 

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April 5, 2024 in Michelle Layser, Scholarship, Tax, Tax Daily, Tax Scholarship, Weekly SSRN Roundup, Weekly Tax Roundup | Permalink

Next Week’s Tax Workshops

Next Week's Tax Workshops - linkedinMonday, April 8: Shayak Sarkar (UC-Davis; Google Scholar) will present Internal Revenue’s External Borders, 112 Calif. L. Rev __ (2024) as part of the Pepperdine Tax Policy Workshop Series. If you would like to attend, please contact Deanna Newton

Tuesday, April 9: Paul Organ (U.S. Treasury; Google Scholar) will present The Role of Intellectual Property in Tax Planning (with Katarzyna Bilicka (Utah State; Google Scholar) & İrem Güçeri (Oxford; Google Scholar)) as part of the Georgetown Tax Law and Public Finance Workshop. If you would like to attend, please contact Emily Satterthwaite and Dayanand Manoli

Wednesday, April 10: Kristin Hickman (Minnesota; Google Scholar) will present OIRA Review Of Treasury Regulations Project as part of the UC-Irvine Tax Policy Colloquium. If you would like to attend, please contact Natascha Fastabend

Thursday, April 11: Ajay K. Mehrotra (Northwestern; Google Scholar) will present Nixon’s VAT: Lawyers, Economists, and the Rise and Fall of the Education Value-Added Tax as part of the Duke Tax Policy Seminar. If you would like to attend, please contact Larry Zelenak

Friday, April 12: Emily Cauble (Wisconsin; Google Scholar) will present Informal Tax Guidance’s Impact as part of the Indiana Tax Policy Colloquium. If you would like to attend, please RSVP here

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April 5, 2024 in Colloquia, Legal Education, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Florida Hosts 14th Annual Tax Policy Symposium Today: AI, Tax, And Society

Florida hosts the 2024 Ellen Bellet Gelberg Tax Policy Symposium on AI, Tax, and Society today at 9:30 AM EST (registration): 

Florida Law Logo (2023)Speakers: 

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April 5, 2024 in Conferences, Scholarship, Tax, Tax Conferences, Tax Daily, Tax Scholarship | Permalink

Thursday, April 4, 2024

Satterthwaite Presents Taxing Nannies Today At Duke

Emily Satterthwaite (Georgetown; Google Scholar) presents Taxing Nannies (with Ariel Jurow Kleiman (Loyola-L.A.; Google Scholar) & Shayak Sarkar (UC-Davis; Google Scholar)) at Duke today as part of its Tax Policy Seminar hosted by Larry Zelenak:

Emily satterthwaiteNannies in the U.S. work long hours for low wages and risk retaliation if they complain. Informal, or “off the books,” work exacerbates their precarity, keeping it secret from state and federal tax agencies, as well as employment and labor agencies. Yet we have little understanding of how nannies navigate the tax reporting that renders them formal or informal.

This Article investigates nannies’ preferences for or against formal employment and tax reporting, the reasons behind such preferences, and how such preferences inform nannies’ relationships with their employers and legal institutions more broadly. The Article employs a multi-method research approach that includes an original and innovative survey of nannies and an analysis of nannies’ tax-related posts on the online forum Reddit. To supplement this research, the Article also discusses interviews with fifteen subject-matter experts regarding industry norms, common challenges nannies face, and policy reforms.

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April 4, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Crawford: Taxing Sugar Babies

Bridget J. Crawford (Pace; Google Scholar), Taxing Sugar Babies, 109 Minn. L. Rev. __ (2024):

Minnesota law reviewHow people talk about taxes reflects both personal beliefs and larger cultural attitudes. In many cases, whether and how a potential taxpayer understands their activities in tax terms may also reveal attitudes about themselves and the value that society assigns to those activities. This Article examines how sugar daddies/mamas and sugar babies talk about taxes in two internet discussion forums to reveal the ongoing stigma associated with sex work. Through mostly content analysis, the focus is on the attitudes of sugar daddies/mamas and sugar babies toward taxation and the filing positions they take, as well as how tax professionals intervene in online discourse at the intersection of tax laws and sugaring.

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April 4, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Wednesday, April 3, 2024

Zwick Presents Tax Policy And Investment In A Global Economy Today At Northwestern

Eric Zwick (Chicago; Google Scholar) presents Tax Policy And Investment In A Global Economy (with Gabriel Chodorow-Reich (Harvard; Google Scholar), Matthew Smith (U.S. Treasury Department) & Owen Zidar (Princeton; Google Scholar) at Northwestern today as part of its Advanced Topics in Taxation Colloquium hosted by Ari Glogower:

Eric zwickThis paper combines administrative tax data and a model of global investment behavior to evaluate the investment and firm valuation effects of the Tax Cuts and Jobs Act (TCJA) of 2017, the largest corporate tax reduction in the history of the United States. We extend the canonical model of Hall and Jorgenson (1967) to a multinational setting in which a firm produces in domestic and international locations. We use the model to characterize and measure four determinants of domestic investment: domestic and foreign marginal tax rates and cost-of-capital subsidies. We estimate elasticities of domestic investment with respect to each and use them to identify the structural parameters of our model, to quantify which parts of the reform mattered most to investment, and to conduct policy counterfactuals.

We have five main findings. First, the TCJA caused domestic investment of firms with the mean tax change to increase by roughly 20% relative to firms experiencing no tax change. Second, the TCJA created large incentives for some U.S. multinationals to increase foreign capital, which rose substantially following the law change. 

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April 3, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Herzfeld Presents What’s An Income Tax? Today At Toronto

Mindy Herzfeld (Florida) presents What’s an Income Tax? at Toronto today as part of its James Hausman Tax Law and Policy Workshop Series hosted by Ben Alarie:

Mindy_HerzfeldDevelopments in international taxation – including the substitution of accounting standards for tax laws -- and tensions in the interaction between tax and trade and investment agreements and trends, mandate a renewed attempt to better define and provide a principled meaning to the term income tax, to distinguish income from other types of taxes, and to make sense of the use of other terminology – such as the distinctions drawn between direct and indirect taxes. Meanwhile, the U.S. Congress has mandated that the Treasury allow taxpayers a credit for foreign inome taxes paid, but has provided no guidance as to what an income tax means for this purpose, leaving the government struggling to apply decades old law to new types of foreign taxes. The exercise of trying to distinguish between taxes imposed on income and other types of taxes is inherently interdisciplinary, yet law, economics and accounting all come to the table with different principled approaches and objectives. 

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April 3, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Brooks Presents The Original Meaning Of The Sixteenth Amendment Today At UC-Irvine

John Brooks (Fordham; Google Scholar) presents The Original Meaning Of The Sixteenth Amendment, 102 Wash. U. L. Rev. ___ (2024) (with David Gamage (Missouri-Columbia; Google Scholar)), at UC-Irvine today as part of its Tax Policy Colloquium hosted by Natascha Fastabend:

John-brooksThe Sixteenth Amendment to the United States Constitution enshrines Congress’s “power to lay and collect taxes on incomes, from whatever source derived.” Challenges to the exercise of that power have typically turned on whether the thing being taxed is “income” or not. In the most recent example, the 2023 Supreme Court case of Moore v. United States, taxpayers have argued that the Sixteenth Amendment only authorizes taxation of realized income—this is, that gain from appreciated property can only be taxed as “income” when there has been a sale or conversion of that property.

In this Article we argue—based on the original meaning of the Sixteenth Amendment—that this approach to constitutional tax questions is wrong. The focus of the Sixteenth Amendment and of the Congressional income tax power is not “income” per se, but rather “taxes on incomes, from whatever source derived.” Thus, the question should not be whether the thing being taxed satisfies some isolated definition of “income,” but rather whether that tax in question comports with the original meaning of “taxes on incomes.” 

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April 3, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

How Institutional Speech Erodes Academic Freedom

Aaron J. Saiger (Fordham), How Institutional Speech Erodes Academic Freedom, in The Free Inquiry Papers (American Enterprise Institute Press, 2024):

AEI (2024)University pronouncements on contentious issues are proclamations of official orthodoxy. Such declarations label adherents as right-thinkers, and place actual and potential dissenters on notice that their opinions are false and wrongheaded. Issuing such statements is inimical to a thriving culture of free inquiry. Academic freedom requires universities not simply to tolerate but affirmatively to welcome dissent.

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April 3, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Tuesday, April 2, 2024

de la Feria Presents Designing a Progressive VAT Today At Georgetown

Rita de la Feria (Leeds; Google Scholar) presents Designing a Progressive VAT at Georgetown today as part of its Tax Law and Public Finance Workshop hosted by Emily Satterthwaite and Dayanand Manoli:

Rita de la feriaThis paper presents a novel approach to addressing VAT regressivity, by proposing the adoption of a progressive VAT: a single-rate, broad-base, VAT, whereby tax paid on consumption is re-paid to lower income households in real-time, at the moment of purchase. Such a system can effectively eliminate regressivity, while minimizing the political economy, cash-flow, and welfare stigma obstacles that are often associated with standard welfare transfers used in modern VAT systems. It would also have other significant advantages, particularly in terms of compliance incentives.

April 2, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Virginia Tax Review Publishes New Issue

The Virginia Tax Review has published Vol. 43, No. 1 (Fall 2023): 

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April 2, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Monday, April 1, 2024

Perkins Presents The Exigent AI Mandate For All Law Faculty Today At Florida

Rachelle Holmes Perkins (George Mason; Google Scholar) presents The Exigent AI Mandate for All Law Faculty at Florida today as part of its Marshall M. Criser Distinguished Faculty Workshop

Rachelle holmes perkinsLegal scholars have made important explorations into the opportunities and challenges of generative artificial intelligence within legal education and the practice of law, as well as its broader impact on the legal profession. This Article adds to this literature by directly engaging with members of the legal academy. As a collective, law professors, who are responsible for cultivating the knowledge and skills of the next generation of lawyers, are seemingly adopting a laissez faire posture towards the advent of generative artificial intelligence. In stark contrast to law practitioners, law professors generally have displayed a lack of urgency in responding to the repercussions of this emerging technology.

This Article contends that all law professors have an inescapable duty to understand the capabilities and applications of generative artificial intelligence. This obligation stems from the pivotal role faculty play on three distinct but interconnected dimensions: pedagogy, scholarship, and governance. No law faculty are exempt from this mandate because all are entrusted with responsibilities that intersect with at least one, if not all three dimensions, whether they are teaching, research, clinical, or administrative faculty. 

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April 1, 2024 in Colloquia, Legal Ed Scholarship, Legal Education, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Lesson From The Tax Court: The Interplay Of SSDI Benefits And The §104(a)(1) Exclusion

Lessons From The Tax Court (2024)
When Congress giveth a tax benefit with one hand, it sometimes taketh the other hand and slaps the taxpayer silly, eliminating the benefit the taxpayer thought they had.  Today's lesson is an example of that phenomenon.  It’s kind of like a bad joke, an appropriate lesson for April 1st.

Specifically, the one hand is found in §104(a)(1).  It promises taxpayers they can exclude from gross income those “amounts received under workmen’s compensation acts as compensation for personal injuries or sickness.”

The other hand comes in §86(d).  In Donald Ecret and Kristen Ecret v. Commissioner, T.C. Memo. 2024-23 (Feb. 14) (Judge Lauber), the taxpayers got slapped by that statute with the result that most or all of otherwise excludable workers compensation payments became taxable income.  In today's case Ms. Ecret received workers compensation from the state of New York after becoming medically disabled.  When she became entitled to Social Security Disability payments, she actually received only a fraction of the benefits she was entitled to receive because of a federal statute that requires the Social Security Administration (SSA) to offset the entitlements by sate workers compensation received.  Judge Lauber give a very well-written lesson on why the taxpayer must report even the unpaid federal benefits as gross income: it’s because of §86(d).  So, yes, technically the state benefits were still excluded under §104(a)(1).  But the practical effect of the SSA offset was to reduce the exclusion by forcing the taxpayer to include in income those unpaid SSDI benefits, withheld from the taxpayer because of the offset.  In effect, §86(d) transmogrifies the excludable state benefits into taxable Social Security benefits. Thanks Congress!

Details below the fold.

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April 1, 2024 in Bryan Camp, New Cases, Scholarship, Tax, Tax Daily, Tax Practice And Procedure, Tax Scholarship | Permalink | Comments (0)

Sunday, March 31, 2024

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 #4.

  1. SSRN Logo (2018) [457 Downloads]  No More Tax-Free Lunch for Billionaires: Closing the Borrowing Loophole, by Edward Fox (Michigan; Google Scholar) & Zachary Liscow (Yale; Google Scholar)
  2. [376 Downloads]  Taxing People, Not Residents, by Yariv Brauner (Florida, Google Scholar) (reviewed by Mirit Eyal-Cohen (Alabama; Google Scholar) here)
  3. [270 Downloads]  Designing a Powerful General Anti-Avoidance Rule: Reflections on the New Zealand Experience, by Craig Elliffe (Auckland; Google Scholar)
  4. [199 Downloads]  Board Control of a Charity's Subsidiaries: The Saga of OpenAI, by Ellen Aprill (Loyola-L.A.; Google Scholar), Rose Chan Loui (UCLA) & Jill Horwitz (UCLA)
  5. [181 Downloads]  Keep Charitable Oversight in the IRS, by Philip Hackney (Pittsburgh; Google Scholar)

March 31, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship, Top 5 Downloads | Permalink

Friday, March 29, 2024

Weekly SSRN Tax Article Review And Roundup: Roberts Reviews 2025 Climate Policy Reform Options

This week, Tracey M. Roberts (Cumberland; Google Scholar) reviews a new work by John E. Bistline (Stanford; Google Scholar), Kimberly A. Clausing (UCLA; Google Scholar), Neil Mehrotra (Google Scholar), James H. Stock (Harvard; Google Scholar), and Catherine Wolfram (MIT; Google Scholar), Climate Policy Reform Options in 2025.

Roberts (2020)

This week, a cohort of scholars has examined an array of possibilities for bringing the United States into alignment with its promises under the Paris Agreement. The Paris Agreement is the legally binding 2015 international climate change treaty adopted in Paris France by 196 nations at the UN Climate Change Conference. In that agreement, the United States pledged to reduce greenhouse gas emissions to 50% below our 2005 emissions. Because of the thirty-plus-year plus delay in actually taking action after signing the 1992 United Nations Framework Convention on Climate Change, we are not going to meet those goals.

However, Bistline, Clausing, et al. have good news. We can come close, and we can meet that goal by 2035. They use the Electric Power Research Institute’s U.S. Regional Economy Greenhouse Gas and Energy (US-REGEN) model to project emissions reductions, budgetary impacts, and effects on household energy and fuel expenditures.

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March 29, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship, Tracey Roberts, Weekly SSRN Roundup | Permalink

Affirmative Action And Racial Diversity In U.S. Law Schools, 1980-2021

Richard R. W. Brooks (NYU), Kyle Rozema (Northwestern; Google Scholar) & Sarath Sanga (Yale; Google Scholar), Affirmative Action and Racial Diversity in U.S. Law Schools, 1980-2021:

We use novel data on enrollment in every U.S. law school since 1980 to study trends in racial diversity and the impact of state-level affirmative action bans. Minority law students have been underrepresented in 80 to 90 percent of entering law school classes, but the magnitude of their underrepresentation has decreased substantially. On average, state-level affirmative action bans decrease racial diversity by 10 to 17 percent. Black and Hispanic students account for nearly all this decline.

Diversity Law School Student Bodies

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March 29, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Next Week’s Tax Workshops

Next Week's Tax Workshops - linkedinMonday, April 1: Rachelle Holmes Perkins (George Mason; Google Scholar) will present The Exigent AI Mandate for All Law Faculty as part of the Florida Marshall M. Criser Distinguished Faculty Workshop. If you would like to attend, please contact RSVP here.

Tuesday, April 2: Rita de la Feria (Leeds; Google Scholar) will present Designing a Progressive VAT as part of the Georgetown Tax Law and Public Finance Workshop. If you would like to attend, please contact Emily Satterthwaite and Dayanand Manoli

Wednesday, April 3: John Brooks (Fordham; Google Scholar) with present The Original Meaning Of The Sixteenth Amendment, 102 Wash. U. L. Rev. ___ (2024) (with David Gamage (Missouri-Columbia; Google Scholar)) as part of the UC-Irvine Tax Policy Colloquium. If you would like to attend, please contact Natascha Fastabend

Wednesday, April 3: Eric Zwick (Chicago; Google Scholar) will present Tax Policy And Investment In A Global Economy (with Gabriel Chodorow-Reich (Harvard; Google Scholar), Matthew Smith (U.S. Treasury Department) & Owen Zidar (Princeton; Google Scholar)) as part of the Northwestern Advanced Topics in Taxation Colloquium. If you would like to attend, please contact Ari Glogower.

Wednesday, April 3: Mindy Herzfeld (Florida) will present What’s an Income Tax? as part of the Toronto James Hausman Tax Law and Policy Workshop Series. If you would like to attend, please contact Ben Alarie

Thursday, April 4: Emily Satterthwaite (Georgetown; Google Scholar) will present Taxing Nannies (with Ariel Jurow Kleiman (Loyola-L.A.; Google Scholar) & Shayak Sarkar (UC-Davis; Google Scholar)) as part of the Duke Tax Policy Seminar. If you would like to attend, please contact Larry Zelenak.

Friday, April 5: William G. Gale (Brookings Institution; Google Scholar), Jacob Goldin (Chicago; Google Scholar), Omri Marian (UC-Irvine; Google Scholar) & Nicol E. Turner-Lee (Brookings Institution) will present AI, Tax, and Society as the 2024 Ellen Bellet Gelberg Tax Policy Lecture. If you would like to attend, please RSVP here.

Friday, April 5: Nicholas Mirkay (Hawaii; Google Scholar) will present Formulating Tax Policy Through the Lens of Economic Dignity as part of the Indiana Tax Policy Colloquium. If you would like to attend, please contact Leandra Lederman

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March 29, 2024 in Colloquia, Legal Education, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Thursday, March 28, 2024

Ring Presents The Conflictual Core Of Global Tax Cooperation Today At Duke

Diane M. Ring (Boston College; Google Scholar) presents The Conflictual Core of Global Tax Cooperation (with Shu-Yi Oei (Duke; Google Scholar)) at Duke today as part of its Duke Tax Policy Seminar hosted by Larry Zelenak:

Diane ringConventional wisdom suggests that the world is in a transformative era of global tax cooperation, as evidenced by the launch of a sweeping multilateral tax reform project to confront tax base erosion and profit shifting (“BEPS”) spearheaded by the OECD and G20. This Article argues that this dominant cooperation-centric account of OECD/G20-based global tax reform is overstated and masks fundamental conflicts in how developing and developed countries evaluate these reforms.

This Article illuminates and decodes the conflictual core imbedded in the OECD/G20 tax reform project by analyzing developing countries’ criticisms of the project and by identifying their unifying drivers. We argue that, fundamentally, developing countries are intensely concerned about the wide historical gulf in resources and power between developing and developed countries (particularly the United States and the European Union), and how the OECD/G20 global tax reform fails to address, and may even exacerbate, that gulf. Meanwhile, OECD and developed country defenses of the global tax reform have largely missed this fundamental crux of developing country criticisms—as evinced by their focus on the project’s incremental short-term benefits for inter-developing country tax competition.

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March 28, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Gaming The Endowment Tax

CJ Ryan (Indiana-Maurer; Google Scholar), Christopher Marsicano (Davidson; Google Scholar), Ann Bernhardt (Ph.D. Candidate, Texas A&M; Google Scholar) & Rylie Martin (Davidson; Google Scholar), Gaming the Endowment Tax, 28 Fla. Tax Rev. __ (2024):

Florida tax reviewThe 2017 law known as the Tax Cuts and Jobs Act (TCJA) enacted a tax on private, non-profit college and university endowments for the first time. Institutions with at least 500 tuition-paying students and endowments of $500,000 or greater per student now have to pay a 1.4 percent tax on their endowments. But like all taxpayers, colleges and universities may be tax averse or seek reductions in their tax burdens. That is, colleges and universities may try to avoid the tax through taking action to ensure they do not meet the threshold. Such actions include increasing their student bodies, increasing student aid to ensure a small number of tuition-paying students, and spending down their endowments. Colleges may also attempt to offset taxed revenue by increasing other revenue streams. 

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March 28, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Layser: Renters' Tax Credits

Michelle D. Layser (San Diego; Google Scholar), Renters' Tax Credits, 113 Geo. L.J. __ (2024):

Georgetown law journalAmerica is facing an affordable housing crisis that current policies have failed to mitigate. Even before the COVID-19 pandemic, half of American tenants were rent burdened, paying more than one-third of their income on rent. For this reason, Renters' Tax Credit (RTC) proposals are gaining traction in Washington and in policy circles. The most ambitious proposals would reimburse tenants for rent payments that exceed 30 percent of their income level, subject to rent limits. In scale and significance, such RTCs would almost certainly overshadow—or even replace—the nontax Housing Choice Voucher program that has been the centerpiece of federal housing policy since 1974. It would be the first time since 1993 that a large, existing nontax public welfare program was shifted into the Tax Code, and it would be the first time that a major nontax, in-kind welfare benefit was integrated into the tax system.

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March 28, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Committee For A Responsible Federal Budget Hosts A Tax Policy Summit Today

The Committee for a Responsible Federal Budget hosts When the TCJA Expires: A Tax Policy Summit today at 2:30 PM EST (RSVP): 

When the tcja expiresPlease join the Committee for a Responsible Federal Budget on March 28 for a summit focusing on the 2025 tax cut expirations and future tax policy.

With large parts of the 2017 Tax Cuts and Jobs Act set to expire, policymakers will soon face important decisions regarding the tax code’s future. These choices could add trillions of dollars to the national debt, or they could put us on a path toward genuine tax reform.

We are pleased to invite you to a gathering of the tax and budget communities to discuss how best to handle the challenges and opportunities offered by this moment.

Agenda

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March 28, 2024 in Conferences, Scholarship, Tax, Tax Conferences, Tax Daily | Permalink

Wednesday, March 27, 2024

Brooks Presents The Original Meaning Of The Sixteenth Amendment Today At Washington University

John Brooks (Fordham; Google Scholar) presents The Original Meaning of the Sixteenth Amendment, 102 Wash. U. L. Rev. ___ (2024) (with David Gamage (Missouri-Columbia; Google Scholar)) at Washington University today as part of its Faculty Workshop Series: 

John-brooksThe Sixteenth Amendment to the United States Constitution enshrines Congress’s “power to lay and collect taxes on incomes, from whatever source derived.” Challenges to the exercise of that power have typically turned on whether the thing being taxed is “income” or not. In the most recent example, the 2023 Supreme Court case of Moore v. United States, taxpayers have argued that the Sixteenth Amendment only authorizes taxation of realized income—this is, that gain from appreciated property can only be taxed as “income” when there has been a sale or conversion of that property.

In this Article we argue—based on the original meaning of the Sixteenth Amendment—that this approach to constitutional tax questions is wrong. The focus of the Sixteenth Amendment and of the Congressional income tax power is not “income” per se, but rather “taxes on incomes, from whatever source derived.” Thus, the question should not be whether the thing being taxed satisfies some isolated definition of “income,” but rather whether that tax in question comports with the original meaning of “taxes on incomes.” 

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March 27, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Morse Reviews Taxing Nannies By Kleiman, Sarkar & Satterthwaite

Susan Morse (Texas; Google Scholar), Going Formal: The Tax Lives Of Nannies (JOTWELL) (reviewing Ariel Jurow Kleiman (Loyola-L.A.; Google Scholar), Shayak Sarkar (UC-Davis; Google Scholar) & Emily Satterthwaite (Georgetown; Google Scholar), Taxing Nannies (reviewed by Michelle Layser (San Diego; Google Scholar) here)):

Jotwell Tax (2023)Workers who provide child care in children’ homes—that is, nannies—should almost always be “formal” workers based on existing law. But in fact they are almost always treated as “informal” workers paid off the books and not as employees. Formality would mean more work law protection – that is, from labor, employment, and social insurance law. But it would also mean more income and payroll taxes.

Is going formal worth it?

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March 27, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Jones Presents Charitalism And Federal Tax Exemption: A Case Study Using OpenAI And The PGA Tour Today At UC-Irvine

Darryll K. Jones (Florida A&M) presents Charitalism and Federal Tax Exemption: A Case Study Using OpenAI and The PGA Tour, 52 Cap. U. L. Rev. __ (2024), at UC-Irvine today as part of its Tax Policy Colloquium hosted by Natascha Fastabend: 

Darryll jonesOpenAI and the Professional Golf Association Tour (PGAT) have entered separate partnerships with private investors who, in exchange for necessary capital, share in the organizations’ net assets. In effect, capitalists have been invited to share in profits generated by tax subsidized charities, that term expanded a bit to include the PGAT. The PGAT is a business league but subject to the same profit-prohibitions as charities. I argue that tax law’s resistance to explicit profit sharing is futile because the market is incessant and capitalists are indispensable to the charitable goal. My purpose is to discover and give meaning to “charitalism,” a portmanteau used to describe the co-dependent relationship between tax law’s prohibition against profit-taking, and capitalism’s unceasing quest for profit. The relationship is fraught, most of all, when charitalists form partnerships with capitalists. The private inurement doctrine prohibits unreasonable payments — amounts beyond fair market value — but only payments made in self-dealing transactions. It doesn’t demarcate the extent to which charitalists may facilitate profit taking on the open market — “outsider profit taking” — to acquire necessary inputs.

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March 27, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

SSRN Tax Professor Rankings

SSRN Logo (2018)SSRN has updated its monthly ranking of 750 American and international law school faculties and 3,000 law professors by (among other things) the number of paper downloads from the SSRN database.  Here is the new list (through March 1, 2024) of the Top 25 U.S. Tax Professors in two of the SSRN categories: all-time downloads and recent downloads (within the past 12 months):

    All-Time     Recent
1 Reuven Avi-Yonah (Michigan)  230,364 1 Amy Monahan (Minnesota) 13,501
2 Daniel Hemel (NYU) 133,250 2 Reuven Avi-Yonah (Michigan) 11,960
3 Dan Shaviro (NYU) 128,393 3 Kristin Hickman (Minnesota) 9,004
4 Lily Batchelder (NYU) 127,986 4 David Gamage (Missouri-Columbia) 4,323
5 David Gamage (Missouri-Columbia) 127,979 5 Daniel Hemel (NYU) 4,191
6 Darien Shanske (UC-Davis) 119,766 6 Bridget Crawford (Pace) 4,081
7 David Kamin (NYU) 114,848 7 Kim Clausing (UCLA)     3,749
8 Cliff Fleming (BYU)    108,854 8 Louis Kaplow (Harvard) 3,599
9 Manoj Viswanathan (UC-SF) 105,127 9 Zachary Liscow (Yale) 3,535
10 Ari Glogower (Northwestern) 104,695 10 Kyle Rozema (Northwestern) 3,528
11 Rebecca Kysar (Fordham) 104,208 11 D. Dharmapala (UC-Berkeley) 3,498
12 D. Dharmapala (UC-Berkeley) 53,152 12 Brad Borden (Brooklyn) 3,093
13 Michael Simkovic (USC) 49,494 13 Ruth Mason (Virginia) 3,060
14 Louis Kaplow (Harvard) 42,965 14 Steve Black (Texas Tech) 3,059
15 Paul Caron (Pepperdine) 42,022 15 Robert Sitkoff (Harvard) 3,045
16 Richard Ainsworth (Boston University) 39,650 16 Darien Shanske (UC-Davis) 2,990
17 Bridget Crawford (Pace) 39,324 17 Young Ran (Christine) Kim (Cardozo) 2,727
18 Robert Sitkoff (Harvard) 34,406 18 Jordan Barry (USC) 2,658
19 Brad Borden (Brooklyn) 32,930 19 David Weisbach (Chicago) 2,597
20 Ruth Mason (Virginia) 31,905 20 Richard Ainsworth (Boston University) 2,506
21 Vic Fleischer (UC-Irvine) 30,805 21 John Brooks (Fordham) 2,388
22 Ed Kleinbard (USC) 30,105 22 Dan Shaviro (NYU) 2,281
23 Amy Monahan (Minnesota) 29,980 23 Michael Simkovic (USC) 2,254
24 Kim Clausing (UCLA) 29,246 24 Brian Galle (Georgetown) 2,234
25 Jim Hines (Michigan) 29,153 25 Ellen Aprill (Loyola-L.A.) 2,052

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March 27, 2024 in Legal Education, Scholarship, Tax, Tax Daily, Tax Prof Rankings | Permalink

Tuesday, March 26, 2024

Nam Presents Luck Egalitarian Redistribution: What Should We Do About Addiction? Today At Georgetown

Jeesoo Nam (USC; Google Scholar) presents Luck Egalitarian Redistribution: What Should We Do About Addiction? at Georgetown today as part of its Tax Law and Public Finance Workshop hosted by Emily Satterthwaite and Dayanand Manoli: 

Jeesoonam2Suffering from substance use disorder is a material disadvantage. Drug addiction is the cause of many serious harms, often harms to the addicted person.

But when it comes to the issue of redistributing benefits and burdens in our society, many think that the disadvantage of being addicted requires no corrective redistribution because addicted people brought that disadvantage on themselves by choosing to use recreational drugs. Those who hold this view might prefer that redistributive welfare benefits that we ordinarily give to the less fortunate be withheld from drug users.

Is that view right?

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March 26, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Marian: Income Taxation And The Regulation Of Supreme Court Justices' Conduct

Omri Y. Marian (UC-Irvine; Google Scholar), Income Taxation and the Regulation of Supreme Court Justices' Conduct, 110 Cornell L. Rev. __ (2025):

Cornell Law Review LogoLast year, investigative journalists reported multiple instances where billionaires showered Supreme Court Justices with lavish gifts. Previously undisclosed luxury fishing trips, private jet travels, and yacht cruises, ignited popular and scholarly debates about Congress’s role in regulating Justices’ conduct. This article explains how income taxation can, and should, be used to regulate judicial misconduct where rules of judicial conduct fail.

The article shows that in some instances income tax already serves as a backstop to rules of judicial conduct. Under current law, some of the “gifts” reported in recent press stories are likely taxable income to the Justices. If so, the Justices should have reported these amounts on their income tax returns and paid income tax on them. If the Justices indeed do so, many of the concerns raised in public and scholarly discourse on Justices’ conduct are mitigated. If the Justices did not report and pay tax on certain gifts, they should be audited, and be subject to the same consequences as any other taxpayer who fails to properly report income and pay taxes.

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March 26, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Hemel: The Tax Trap Inside The BOXX

Daniel J. Hemel (NYU; Google Scholar), The Tax Trap Inside the BOXX, 182 Tax Notes Fed. 1973 (Mar. 11, 2024) (cover story):

Tax Notes Federal (2022)In recent weeks, an exchange-traded fund called Alpha Architect 1-3 Month Box ETF (trading under the ticker symbol “BOXX”) has garnered attention in the financial press for its supposedly tax-efficient method of generating nearly risk-free returns. BOXX purports to produce Treasury bill-like yields while deferring any income tax liabilities until shareholders sell their ETF shares. And when shareholders do sell, their gains — according to BOXX promoters — will be taxed as capital gain rather than ordinary income, an additional advantage over ordinary income-generating Treasury bills.

If all that sounds too good to be true, it’s because it most likely is too good to be true. BOXX’s strategy runs headlong into two code provisions — section 1258 and section 1092 — that are designed to prevent the sorts of maneuvers that BOXX seeks to exploit. In light of these provisions, BOXX shareholders in most states are likely to end up in a worse position than if they had simply purchased Treasury bills. For BOXX shareholders, an ostensibly tax-efficient investment may turn into a tax trap.

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March 26, 2024 in Scholarship, Tax, Tax Analysts, Tax Daily, Tax Scholarship | Permalink

Putting The C Back In IRAC

Jacob S. Sherkow (Illinois; Google Scholar), Putting the C Back in IRAC, 27 Green Bag 39 (2024): 

Green BagRead a law school exam these days, and you're likely to find one of the IRAC elements given short-shrift: the conclusion, C. That's unfortunate because conclusions in legal writing are important for myriad reasons. A legal system that focuses solely on the R and A of IRAC thinks that all facts are held equal and makes legal decision-making an act of automaton. Bad conclusions make for both bad writing and bad practice, so testing law students in drafting good conclusions is important—and more important than currently considered. Conclusions are important because they demand that most precious skill of lawyers: good judgment, what we expect our students to walk away with, if nothing else. It's time to put the C back in IRAC.

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March 26, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Call For Legal Ed Tech Papers: 2025 AALS Annual Meeting

Call For Papers: 2025 AALS Annual Meeting:

AALS (2024)The AALS Section on Technology, Law and Legal Education will be hosting up to four sessions at the Annual Meeting in San Francisco, January 7 – 11. There will be two programs introducing a variety of issues involving the intersection of technology and law, one program on the pedagogical opportunities to integrate technology into legal education, and one program to offer a works-in-progress experience for individuals to share the development of their works. 

The topics can be far-ranging, including the integration of artificial intelligence into legal practice, the implications of technology on access to justice, the digital divide, privacy and surveillance, national security, antitrust regulation, intellectual property policies, and much more. The suggested program will have programs that feature discussion on the impact of law and technology on society; law and technology on the legal profession; and law and technology with the legal academy.

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March 26, 2024 in Conferences, Legal Ed Conferences, Legal Ed Scholarship, Legal Ed Tech, Legal Education, Scholarship | Permalink

Monday, March 25, 2024

Maynard Presents Penalizing Precarity Today At Pepperdine

Goldburn P. Maynard, Jr. (Indiana-Kelley; Google Scholar) presents Penalizing Precarity, 123 Mich. L. Rev __ (2024) (with Clinton Wallace (South Carolina; Google Scholar)) at Pepperdine today as part of its Tax Policy Workshop Series hosted by Deanna Newton:

Goldburn maynardRetirement policy in America is oriented around 401(k) accounts and other employer-sponsored savings plans, which will receive a whopping $1.5 trillion in tax subsidies over the next decade. This Article uncovers a harmful flaw in a common feature of these plans. The problem arises from a gap in the rules governing withdrawals made prior to reaching retirement age. Employees are generally required to seek approval from their plan administrator to receive a “hardship distribution,” which they are granted if they face an “immediate and heavy financial need,” like eviction or an unexpected medical expense. But even with this approval, these distributions are frequently subject to an “early withdrawal penalty,” a separate regime that is not coordinated with the hardship distribution rules.

This Article shows that the gap between the two sets of rules is little known to workers, employers and even policymakers. We document instances of taxpayers surviving financial calamity thanks to a hardship distribution only to learn that they now face a tax penalty—resulting in another cash crunch. 

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March 25, 2024 in Colloquia, Pepperdine Tax, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Blank & Osofsky Present Democratizing Administrative Law At Duke

Joshua D. Blank (UC-Irvine; Google Scholar) & Leigh Osofsky (North Carolina; Google Scholar) presented Democratizing Administrative Law at Duke last Friday as part of its 54th Annual Administrative Law Symposium

Blank-osofskyWhen agencies make statements about the law, people listen. This insight yields a fundamental tension. According to one set of views, such agency statements, and their ability to influence public behavior, are critical not only for a well-functioning bureaucracy, but also for our entire system of government. According to another set of views, this agency power, if left unchecked, could border on tyranny.

Administrative law responds to this tension through an extensive, purportedly comprehensive, framework that attempts to police agency statements. The framework places different types of agency statements into different legal categories. 

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March 25, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Sunday, March 24, 2024

Truth And Law: The Role And Mission Of A Christian Law School In Africa

Craig A. Stern (Regent; Google Scholar), Truth and Law: The Role and Mission of a Christian Law School in Africa

Christian Legal Education in AfricaIntegrating biblical truth into teaching the law equips students to practice law as a ministry. It also brings other considerable intellectual and professional benefits. Biblical integration should inform the role and mission of the Christian law school in Africa. ...

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March 24, 2024 in Faith, Legal Ed Scholarship, Legal Education, Scholarship | Permalink

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 #2 and #5.

  1. SSRN Logo (2018) [430 Downloads]  No More Tax-Free Lunch for Billionaires: Closing the Borrowing Loophole, by Edward Fox (Michigan; Google Scholar) & Zachary Liscow (Yale; Google Scholar)
  2. [357 Downloads]  Taxing People, Not Residents, by Yariv Brauner (Florida, Google Scholar) (reviewed by Mirit Eyal-Cohen (Alabama; Google Scholar) here)
  3. [270 Downloads]  Designing a Powerful General Anti-Avoidance Rule: Reflections on the New Zealand Experience, by Craig Elliffe (Auckland; Google Scholar)
  4. [154 Downloads]  Keep Charitable Oversight in the IRS, by Philip Hackney (Pittsburgh; Google Scholar)
  5. [127 Downloads]  Case Law Trend: Withholding Taxation Under the Fundamental Freedoms, by Ivan Lazarov (International Bureau of Fiscal Documentation; Google Scholar

March 24, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship, Top 5 Downloads | Permalink

Saturday, March 23, 2024

Gómez Presents Taxation's Limits At Indiana

Luís Calderón Gómez (Cardozo; Google Scholar) presented Taxation's Limits at Indiana-Maurer yesterday as part of its Indiana Tax Policy Colloquium hosted by Leandra Lederman:

Luis-GomezCountless pages have been devoted to the question of why should everyone pay tax, yet its obverse has gone largely unnoticed: why should some people and organizations not pay tax? Our tax system exempts from ordinary income taxation a wide and diverse array of people and organizations engaged in significant economic activity—from parents providing childcare services for their family, to consular activities and charities operating animal shelters—seemingly without a convincing explanation. Perhaps as a result of the dizzying diversity of activities that have been exempted from tax, scholars and policymakers have eluded comprehensively or coherently justifying our exemption regimes.

This Article develops a novel normative theory that rationalizes and justifies our current tax exemption regime. Rather than conceiving exemptions as subsidies or individual deviations from a normative base explainable by ordinary politics, the Article argues that exemptions are best understood as mapping the “limits” of tax. 

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March 23, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Friday, March 22, 2024

Weekly SSRN Tax Article Review And Roundup: Kim Reviews Infrastructure Costs By Brooks & Liscow

This week, Young Ran (Christine) Kim (Cardozo; Google Scholar) reviews Leah Brooks (George Washington, Google Scholar) and Zachary Liscow (Yale, Google Scholar)'s recent paper, Infrastructure Costs, 15 Am. Econ. J. Applied 1 (2023).

Kim (2023)

You may have wondered how your tax dollars are put to work while driving on the highway. Government spending on highways is a visible example of infrastructure costs, yet there has been little study on its cost trajectory over time. Leah Brooks (George Washington, Google Scholar) and Zachary Liscow (Yale, Google Scholar)'s recent paper, Infrastructure Costs, 15 Am. Econ. J. Applied 1 (2023), analyzes the historical trajectory of infrastructure costs by looking at the Interstate Highway System and shows that spending per mile (in real terms) increased more than threefold from the 1960s to the 1980s.

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March 22, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship, Weekly SSRN Roundup | Permalink

Next Week’s Tax Workshops

Next Week's Tax Workshops - linkedinMonday, March 25: Goldburn P. Maynard, Jr. (Indiana-Kelley; Google Scholar) will present Penalizing Precarity (with Clinton Wallace (South Carolina; Google Scholar)) as part of the Pepperdine Tax Policy Workshop Series. If you would like to attend, please contact Deanna Newton.

Tuesday, March 26: Jeesoo Nam (USC; Google Scholar) will present Luck Egalitarian Redistribution: What Should We Do About Addiction? as part of the Georgetown Tax Law and Public Finance Workshop. If you would like to attend, please contact Emily Satterthwaite and Dayanand Manoli

Wednesday, March 27: Darryll K. Jones (Florida A&M) will present Charitalism and Federal Tax Exemption: A Case Study Using OpenAI and The PGA Tour, 52 Cap. U. L. Rev. __ (2024), as part of the UC-Irvine Tax Policy Colloquium. If you would like to attend, please contact Natascha Fastabend

Thursday, March 28: Diane M. Ring (Boston College; Google Scholar) will present The Conflictual Core of Global Tax Cooperation (with Shu-Yi Oei (Duke; Google Scholar))  as part of the Duke Tax Policy Seminar. If you would like to attend, please contact Larry Zelenak

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March 22, 2024 in Colloquia, Legal Education, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Virginia Hosts Tax Study Group Meeting Today

Update: Virginia Tax Study Group To Convene in Three-Decade Tradition

Virginia center for tax lawThe Virginia Center for Tax Law hosts a Virginia Tax Study Group Meeting today (registration): 

D.C. Panel 

  • Jamie Cummins (Senior Tax Counsel, Senate Finance Committee) 
  • Kathleen Kerrigan (Chief Judge, U.S. Tax Court)
  • Ji Prichard (Tax Counsel, House Ways & Means Committee) 
  • Cecily Rock (Senior Legislation Counsel, Joint Committee on Taxation) (moderator) 
  • Mark Warren (former Chief Tax Counsel, Senate Finance Committee) 

Moore and Beyond 

  • Alice Abreu (Temple) 
  • Harry Franks (Virginia) 
  • Itai Grinberg (Georgetown)
  • Gil Rothenberg (Former Chief, Appellate Section, Tax Division, U.S. Department of Justice) 
  • Eric Solomon (Former Assistant Secretary for Tax Policy, U.S. Treasury Department) (moderator) 
  • Isaac Wood (Attorney-Adviser, Office of Tax Policy, U.S. Treasury Department)

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March 22, 2024 in Scholarship, Tax, Tax Conferences, Tax Daily | Permalink

Houston Hosts Energy Tax Conference Today

Houston law centerThe University of Houston Law Center hosts the 6th Annual Denney L. Wright International Energy Tax Conference and 24th Annual Houston Business and Tax Law Journal Symposium today on Lessons Learned from International Energy Investments:

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March 22, 2024 in Conferences, Scholarship, Tax, Tax Conferences, Tax Daily, Tax Scholarship | Permalink

Thursday, March 21, 2024

Clotfelter Presents Better State Lotteries Today At Duke

Charles T. Clotfelter (Duke; Google Scholar) presents Better State Lotteries at Duke today as part of its Tax Policy Seminar hosted by Larry Zelenak:

Charles ClotfelterOne objectionable feature of state lotteries has been that they impose an extraordinarily high rate of implicit tax on one particular category of consumer spending, namely lottery games. But a little-noted change has taken place over the last three decades that has ameliorated this defect. This change is an increase in the average payout rate, the share of sales that is returned to players in the form of prizes. Because it reduces the rate of implicit taxation on lottery purchases and its accompanying welfare loss, this change has inadvertently made lotteries better, or at least less objectionable. This paper reviews the normative case for reducing the implied tax, notes its inapplicability to problem gamblers, documents the rise in payout rates across the U.S., offers an explanation for that rise, notes the starring role played by instant games, illustrates its effect on the regressivity of lottery finance, and documents the surprising correlation between the price of instant games and their payout rates. 

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March 21, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Sullivan Review Of Graetz's The Antitax Movement

Martin A. Sullivan, New Graetz Book Chronicles and Critiques the Antitax Movement, 182 Tax Notes Fed. 1715 (Mar. 4, 2024) (reviewing Michael J. Graetz (Columbia), The Power to Destroy: How the Antitax Movement Hijacked America (Princeton University Press 2024):

Graetz 2Micheal J. Graetz writes fact-filled books about topics that demand more attention. In The Power to Destroy — How the Antitax Movement Hijacked America, the professor emeritus at Columbia Law School and Yale Law School masterfully describes how a cast of prominent conservative politicians and pundits over the past 50 years has galvanized the American public’s deep-seated but scattershot dislike for taxation into a resilient political movement that has moved the political center of gravity to the right and the level of the national debt skyward. ...

the book is more than a detail-laden, yet mercifully compact narrative of the past half-century of tax politics. Throughout, Graetz forcefully argues that the antitax movement has been harmful — that it has “hijacked America” — implying that the United States has veered off course from what ultimately would be a better outcome. Making that case won’t win Graetz any popularity contests, if only because most of the public naturally dislikes the financial burden of tax, fears the IRS, and loathes the complexity of complying with laws they can barely understand. Moreover, Graetz can expect that antitax movement thought leaders will respond to his critique with various policy arguments. Let’s play the role of devil’s advocate and briefly explore whether the book adequately addresses those arguments. ...

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March 21, 2024 in Book Club, Scholarship, Tax, Tax Scholarship | Permalink

Blank & Osofsky Present Democratizing Administrative Law Today At Duke

Joshua D. Blank (UC-Irvine; Google Scholar) & Leigh Osofsky (North Carolina; Google Scholar) present Democratizing Administrative Law at Duke today as part of its 54th Annual Administrative Law Symposium

Blank-osofskyWhen agencies make statements about the law, people listen. This insight yields a fundamental tension. According to one set of views, such agency statements, and their ability to influence public behavior, are critical not only for a well-functioning bureaucracy, but also for our entire system of government. According to another set of views, this agency power, if left unchecked, could border on tyranny.

Administrative law responds to this tension through an extensive, purportedly comprehensive, framework that attempts to police agency statements. The framework places different types of agency statements into different legal categories. 

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March 21, 2024 in Scholarship, Tax, Tax Conferences, Tax Daily, Tax Scholarship | Permalink

Wednesday, March 20, 2024

Kim Presents Taxing Litigation Finance Today At Toronto

Young Ran (Christine) Kim (Cardozo; Google Scholar) presents Taxing Litigation Finance, 93 Geo. Wash. L. Rev. __ (2024), at Toronto today as part of its James Hausman Tax Law and Policy Workshop Series hosted by Ben Alarie: 

Christine KimThe emerging litigation financing industry has the capacity to expand access to justice but also raises important legal and ethical questions. While much has been said about the potential to increase frivolous lawsuits and permit improper control over a claim by the funders, scholarly discussion on the proper tax treatment of the parties involved has fallen by the wayside. Aside from a largely unhelpful 2015 memorandum, the tax authority has chosen to remain silent on the topic.

The problem arises in classifying litigation financing contracts as either a nonrecourse loan, immediate sale of a claim, or a variable prepaid forward contract, all of which have a discrete impact on the timing and character of income. Unfortunately, courts have traditionally found it difficult to draw clear distinctions between these three categories for tax purposes, and the opaque nature of the industry combined with the complexity of the transaction enhances the confusion. The consequences are tax uncertainty and an opportunity for taxpayers to engage in aggressive tax planning by structuring transactions to obtain favorable tax treatment without altering their economic position.

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March 20, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Clarke Presents Income Inequality And The Corporate Sector Today At UC-Irvine

Conor Clarke (Washington University; Google Scholar) presents Income Inequality and the Corporate Sector (with Wojciech Kopczuk (Columbia; Google Scholar)) at UC-Irvine today as part of its Tax Policy Colloquium hosted by Natascha Fastabend: 

ClarkeIn recent decades, scholars have turned to tax data to study the distribution of United States income and wealth. In more recent years, the focus has expanded from information that appears on individual income tax returns to a broader set of data. This shift partly reflects the observation that what appears on individual tax returns is only a subset of “national income” — a subset that is subject to change as laws and incentives change. But the use of both individual tax data and national accounts data has been controversial, and one important piece of this controversy is the role of corporate income and the corporate sector. We provide a framework for thinking about the historical and conceptual relationship between income, inequality, and the corporate sector. We make several contributions.

First, we assemble a variety of previously unused data to study the corporate sector and corporate income over the long run.

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March 20, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Journal Of Legal Education Publishes New Issue

The Journal of Legal Education has published Vol. 71, No. 4 (Summer 2022):

Journal of legal educationFrom the Editors

Articles

Book Reviews

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March 20, 2024 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink