Paul L. Caron
Dean





Friday, May 31, 2024

Weekly SSRN Tax Article Review And Roundup: Saito Reviews Competing Narratives On OIRA Review Of Tax Regulations By Hickman & Dooling

This week, Blaine Saito (Ohio State; Google Scholar) reviews a new work by Kristin E. Hickman (Minnesota; Google Scholar) & Bridget C.E. Dooling (Ohio State; Google Scholar), Competing Narratives in OIRA Review of Tax Regulations, 19 J.L. Econ. & Pol’y __ (2024):

Blaine saito

In 2023, the Biden Administration issued a Memorandum of Agreement (MOA) that exempted all tax regulations from OIRA review. Many, including readers of this blog, hailed this undoing. But in Competing Narratives on OIRA Review of Tax Regulations, Kristine E. Hickman and Bridget C.E. Dooling show that what is at play are two competing narratives. One sees OIRA review as salutary and creating greater transparency, accountability, and rigorous analysis. The other views it as meddlesome to tax regulations. They show that the second narrative stems from some key misconceptions about OIRA review of tax regulations.

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May 31, 2024 in Blaine Saito, Scholarship, Tax, Tax Daily, Tax Scholarship, Weekly SSRN Roundup, Weekly Tax Roundup | Permalink

Tax Policy In The Biden Administration

Conference For Tax Profs Tenured 1-15 Years At Northwestern

The two-day combined AMT (Association of Mid-Level Tax Scholars Conference, for those tenured for 1-10 years) and EITC (Experienced in Tax Conference, for those tenured for 11-15 years) conferences concludes today at Northwestern:

Northwestern (2018)Panel #1: 

  • Zachary Liscow (Yale; Google Scholar), Is the Realization Rule the Achilles Heel of the Income Tax? and The Income Tax and Taxation of the Top 1%
  • Edward Fox (Michigan; Google Scholar), Buy, Borrow, Die? Understanding the Role of Borrowing and Consumption in How the Rich Are Taxed
  • Clint Wallace (South Carolina; Google Scholar), Moore, “Incomes,” and the Limits of Time

Panel #2: 

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May 31, 2024 in Conferences, Legal Education, Scholarship, Tax, Tax Conferences, Tax Daily | Permalink

Thursday, May 30, 2024

Jensen: The Commerce Clause Doesn't Override Rules Governing The Taxing Power

Erik M. Jensen (Case Western), The Commerce Clause Doesn't Override Rules Governing the Taxing Power, 182 Tax Notes Fed. 1603 (Feb. 26, 2024):

Tax-notes-federalThis article challenges the view that the commerce clause, including the foreign commerce part of that clause, provides authority for enacting taxes that don’t meet the explicit requirements for taxes set out in the Constitution—the uniformity rule for indirect taxes (duties, imposts, and excises), the apportionment rule for direct taxes that aren’t taxes on incomes, and the export clause that prohibits taxation of articles exported from any state. That reading of the commerce clause would gut constitutional provisions that were clearly intended to be limitations on the congressional taxing power. Even if a tax might be construed as a regulation of commerce, as would be the case with many, if not most, taxes—such as the mandatory repatriation tax, the constitutionality of which is at issue in Moore v. United States—the article argues that the tax must satisfy the rules applicable to the taxing power.

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May 30, 2024 in Scholarship, Tax, Tax Analysts, Tax Daily, Tax Scholarship | Permalink

Optimal Regulatory Enforcement

Giuseppe Dari‐Mattiacci (Amsterdam; Google Scholar) & Alex Raskolnikov (Columbia), Optimal Regulatory Enforcement, 26 Am. L. & Econ. Rev. __ (2024):

American law and economics reviewCriminal law applies to everyone, but regulations constrain only those who choose to participate in a regulated activity. Firms considering such participation face three choices: comply with imperfectly-enforced rules, violate them, or stay out of the activity altogether. Importantly, regulators not only punish violators, but also reward firms with a strong record of compliance. We show that the presence of compliance-contingent rewards in a regime with optional participation unsettles several tenets of the traditional optimal deterrence model: 

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May 30, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Are Donor-Advised Funds Facilitating Anonymous Giving To Politically Engaged Charities?

Helen Flannery (Institute for Policy Studies) & Brian Mittendorf (Ohio State; Google Scholar), Are Donor-Advised Funds Facilitating Anonymous Giving to Politically Engaged Charities?:

Donor-advised funds are a prominent and rapidly growing charitable giving vehicle. As intermediaries, they serve as a layer of separation between donors and grantees, a layer that provides a significant degree of donor anonymity. With this in mind, we examine whether donor-advised funds help facilitate giving to politically engaged charities — a type of giving that donors may particularly prefer not be publicized. We find that donor-advised fund sponsors distribute grants to politically engaged charities at a rate nearly 1.7 times that of other giving methods, with an even higher rate for national sponsors in particular. We further show that giving to politically engaged charities is greater when sponsoring organizations are more financially reliant on donor-advised funds, and when sponsors receive more funding from private foundations — this latter finding indicating that donor-advised funds are anonymizing political gifts from private foundations. 

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May 30, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Wednesday, May 29, 2024

What A Decision On Affirmative Action Teaches About Taxation

Laura Snyder (Stop Extraterritorial American Taxation; Association of Americans Resident Overseas), What a Decision on Affirmative Action Teaches About Taxation, 51 Rutgers L. Rec. 102 (2023):

Rutgers law recordThe U.S. nationality-based tax system discriminates based on nationality (or country of origin). Of all persons living outside the United States, U.S. tax rules classify them based on nationality and subject U.S. nationals to far more onerous federal tax burdens as compared to those who are not U.S. nationals.

Most of those who assume the constitutionality of the current U.S. nationality-based tax system support their assumption by citing the 1924 U.S. Supreme Court decision Cook v. Tait. However, much has changed during the past century. Those changes include a dramatic transformation of our understanding of Equal Protection rights with respect to distinctions based on race and nationality. 

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May 29, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

McMahon: Moore Support For Tax Exceptionalism—Severability In Reconciliation

Stephanie Hunter McMahon (Cincinnati), Moore Support for Tax Exceptionalism: Severability in Reconciliation:

Moore v. United States provides the impetus to examine the likely result if the Supreme Court selectively invalidates a revenue-raising provision enacted as part of reconciliation legislation. When Congress uses the reconciliation process, it limits its own power to consider proposals that surpass a stated revenue threshold, and any tax that is included is a fundamental component of the resulting congressional compromise. Recognizing this self-imposed rule is critical because, under the severability doctrine, legislative intent is a necessary inquiry for determining whether an unconstitutional provision can be severed from a statute. Consequently, one of two results will occur if the Supreme Court declares the tax at issue in Moore unconstitutional. Either the Court recognizes that the elimination of a revenue-raising provision of the 2017 Tax Cuts and Jobs Act nullifies the legislative agreement necessary for the bill’s passage and the entire statute falls or, if the Court fails to strike the statute, Moore fundamentally changes the doctrine of severability by cleaving legislative intent from its consideration of whether or not to sever. 

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May 29, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | 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 May 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)  232,561 1 Jonathan Choi (USC) 23,213
2 Daniel Hemel (NYU) 134,318 2 Amy Monahan (Minnesota) 13,095
3 Dan Shaviro (NYU) 129,007 3 Reuven Avi-Yonah (Michigan) 12,089
4 David Gamage (Missouri-Columbia) 129,006 4 Kristin Hickman (Minnesota) 7,125
5 Lily Batchelder (NYU) 128,275 5 Zachary Liscow (Yale) 5,358
6 Darien Shanske (UC-Davis) 120,561 6 David Gamage (Missouri-Columbia) 4,898
7 David Kamin (NYU) 115,088 7 Bridget Crawford (Pace) 4,323
8 Cliff Fleming (BYU)    109,004 8 Daniel Hemel (NYU) 4,195
9 Manoj Viswanathan (UC-SF) 105,212 9 Kim Clausing (UCLA)     3,909
10 Ari Glogower (Northwestern) 104,881 10 Kyle Rozema (Northwestern) 3,783
11 Rebecca Kysar (Fordham) 104,289 11 Louis Kaplow (Harvard) 3,610
12 D. Dharmapala (UC-Berkeley) 53,760 12 D. Dharmapala (UC-Berkeley) 3,567
13 Michael Simkovic (USC) 50,360 13 Darien Shanske (UC-Davis) 3,354
14 Louis Kaplow (Harvard) 43,625 14 Brad Borden (Brooklyn) 3,354
15 Paul Caron (Pepperdine) 42,260 15 Robert Sitkoff (Harvard) 3,018
16 Bridget Crawford (Pace) 40,257 16 Young Ran (Christine) Kim (Cardozo) 2,835
17 Richard Ainsworth (Boston Univ.) 40,063 17 Jordan Barry (USC) 2,798
18 Jonathan Choi (USC) 38,096 18 Ruth Mason (Virginia) 2,768
19 Robert Sitkoff (Harvard) 35,022 19 Michael Simkovic (USC) 2,689
20 Brad Borden (Brooklyn) 33,597 20 David Weisbach (Chicago) 2,626
21 Ruth Mason (Virginia) 32,417 21 John R. Brooks (Fordham) 2,622
22 Amy Monahan (Minnesota) 32,130 22 Richard Ainsworth (Boston Univ.) 2,540
23 Vic Fleischer (UC-Irvine) 31,035 23 Brian Galle (Georgetown) 2,476
24 Ed Kleinbard (USC) 30,265 24 Ellen Aprill (Loyola-L.A.) 2,225
25 Kim Clausing (UCLA) 30,039 25 Dan Shaviro (NYU) 2,144

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May 29, 2024 in Legal Education, Scholarship, Tax, Tax Daily, Tax Prof Rankings | Permalink

Tuesday, May 28, 2024

Disparate Impact In Taxation Meets Disparate Impact Jurisprudence: Burdens vs. Barriers

Steven M. Sheffrin (Tulane; Google Scholar), Disparate Impact in Taxation Meets Disparate Impact Jurisprudence: Burdens vs. Barriers, 43 Va. Tax Rev. 331 (2024):

Virginia tax reviewFollowing years of academic scholarship, the United States Treasury has now embraced disparate racial and ethnic impacts in taxation as an important policy issue. The academic literature highlighted the idea that certain structural features of tax law and the provision of certain benefits through the tax system — tax expenditures — had differential racial or ethnic impacts. This literature focused on the disparate tax burdens on racial and ethnic groups — an analysis of “who gets what” from the tax system.

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

When Gender-Affirming Healthcare Becomes Illegal, Will It (Still) Be Tax-Deductible?

Diane Kemker (Southern; Google Scholar), When Gender-Affirming Healthcare Becomes Illegal, Will It (Still) Be Tax-Deductible?, 25 Geo. J. Gender & L. 83 (2023):

Georgetown j of gender and the lawMore than twenty states currently limit or ban access to gender-affirming medical and surgical care for minors, and three more have bans that went into effect on January 1, 2024. For many transgender youths and their families, this will mean crossing state lines to obtain appropriate medical care and make this often-costly care even more expensive. This situation is not only a crisis for the civil rights of trans people; it also presents an undecided issue of federal income tax law. Since 2011, when the IRS acquiesced in O’Donnabhain v. Commissioner, the tax-deductibility of at least some gender-affirming healthcare has seemed secure. But a situation in which medical care deemed deductible for federal income tax purposes is illegal under the state law of the taxpayer’s residence is unprecedented. 

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

Escajeda: Taxation Of Our Collective And Cumulative Cognitive Inheritance

Hilary G. Escajeda (Mississippi College; Google Scholar), Technology Justice: Taxation of Our Collective and Cumulative Cognitive Inheritance, 56 Loy. L. A. L. Rev. 1073 (2023): 

Loyola la law reviewAs artificial intelligence and robotic technologies accelerate economic transformation, outdated property and tax laws will increasingly fail American workers with ordinary skills that perform routine job functions. Because technology may render millions of workers redundant, U.S. policymakers must make significant social, economic, and legal structural changes to (1) improve the lives of average workers, (2) support the economy, and (3) maintain political stability. 

Inspired by Thomas Paine’s Agrarian Justice, this twenty-first century Article argues that “Technology Justice” requires that humans benefit from the cognitive endowment created by our ancestors’ minds.

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

TaxProf Blog Holiday Weekend Roundup

Monday, May 27, 2024

America The Divisible: Local Taxes And The SALT Subsidy

Matthew S. Johnson (J.D. 2023, BYU), Note, America the Divisible: Local Taxes and the SALT Subsidy, 48 BYU L. Rev. 687 (2022):

BYU Law ReviewThe state and local tax (SALT) deduction subsidizes localities in a way that has not fully been appreciated by policymakers, practitioners, or academics. While the state portion of the SALT deduction captures headlines and receives significant attention from academics, the local portion has been overlooked. Local taxes introduce concerns that are not relevant to state-levied taxes. The local tax deduction provides a greater subsidy, per capita, for wealthy localities than it does for economically heterogeneous or less wealthy localities. This Note is the first to quantify the subsidy received by localities through the SALT deduction. 

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

Sunday, May 26, 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) [884 Downloads]  Don't Blame the Victims: Individuals and the MRT, by Karen Alpert (FixTheTax Treaty.org), John Richardson (TaxResidentAbroad.com) & Laura Snyder (Association of Americans Resident Overseas)
  2. [576 Downloads]  No More Tax-Free Lunch for Billionaires: Closing the Borrowing Loophole, by Edward Fox (Michigan; Google Scholar) & Zachary Liscow (Yale; Google Scholar)
  3. [513 Downloads]  Taxing People, Not Residents, by Yariv Brauner (Florida, Google Scholar) (reviewed by Mirit Eyal-Cohen (Alabama; Google Scholar) here)
  4. [414 Downloads]  Combining VPFs and Tax-Aware Strategies to Diversify Low-Basis Stock, by Joseph Liberman & Nathan Sosner (AQR Capital Management)
  5. [328 Downloads]  Money Moves: Taxing the Wealthy at the State Level, by Brian Galle (Georgetown; Google Scholar), David Gamage (Missouri-Columbia; Google Scholar) & Darien Shanske (UC-Davis; Google Scholar)

May 26, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship, Top 5 Downloads | Permalink

Saturday, May 25, 2024

This Week's Ten Most Popular TaxProf Blog Posts

Top 10 Taxprof Blog Posts - LinkedinLegal Education: 

  1. ABA Journal, Straight, White Female Alleges King & Spalding's Summer Associate Diversity Fellowship Violated Title VII
  2. Derek Muller (Notre Dame), Projected 2025-26 U.S. News Law School Rankings: The Biggest Winners And Losers
  3. New York Post, 6-Year-Old Girl Bravely Saves NYU Law Commencement With Hand-Drawn Purple Heart For Dean After Anti-Israel Protesters Disrupted Ceremony
  4. ABA Journal, ABA Endorses Licensing Of Attorneys Without Bar Exams
  5. Vivia Chen, Sullivan & Cromwell's New Hiring Policy Is Problematic
  6. ABA Journal, ABA Takes Another Step Toward Fully Online Law Schools
  7. Josh Blackman (South Texas), Judicial Boycotts Of Non-Elite Schools
  8. New York Times, CUNY Law School Cancels Student's Commencement Speech
  9. Legal Tech News, What Law Students Should Know About Generative AI Before Their Summer Jobs
  10. Reuters, LSAC Offers New Admissions Tool To Measure Socioeconomic Hurdles Overcome By Law School Applicants

Tax: 

  1. University of Alabama Law School, #12 Ranked Alabama Graduate Tax Program Will Not Offer Courses After Spring 2025
  2. Adam Cowing (UC-Irvine), Equity And Ownership In Affordable Housing
  3. Tracey Roberts (Cumberland), Review Of The Missing “T” in ESG By Chaim & Parchomovsky
  4. Diane Kemker (Southern), Do Black Taxpayers Matter? A Critical Tax Analysis Of IRS Audit Practices
  5. Bridget Crawford (Pace) et al.,  Step-Up in Basis: Policy Perspectives on a Longstanding Policy Loophole
  6. Sarah Lawsky (Northwestern), Reasoning With Formalized Statutes: The Case Of Capital Gains And Losses
  7. Harvey Gilmore (Hartford), The Kinder, Gentler IRS? Where?
  8. Eugene Volokh (UCLA), Nonprofits That Help Organize Protests That Break The Law Can Lose Their Tax Exemptions
  9. John Brooks (Fordham), The (Non)Taxation Of Student Debt Cancellation: Statutory Misinterpretation And Normative Conflict
  10. Amanda Parsons (Colorado), Cryptocurrency, Legibility, And Taxation

Faith:

  1. Wall Street Journal Op-Ed (Ralph Reed), The Smear Campaign Against ‘Christian Nationalists’
  2. Pepperdine Caruso Law Surf Report, Religious Diversity At Pepperdine Caruso Law
  3. Christianity Today, Dallas Mavericks: The NBA Basketball Team Created To Represent God
  4. New York Times Op-Ed (Ross Douthat), Can Conservative And Liberal Catholics Coexist?
  5. Washington Post Op-Ed (Anne Lamott), Lifelong Lessons In Coping With Fear And Humiliation

May 25, 2024 in Legal Education, Tax, Tax Daily, Weekly Top 10 TaxProf Blog Posts | Permalink

The Spin-Off Of PayPal From eBay: Taxable Or Tax-Free Reorganization?

Gretchen Lawrie (Cal State-LA) & John R. Cooper (Cal State-LA), Was the Spin-Off of PayPal from eBay a Taxable or a Tax-Free Reorganization?, 9 J. Case Rsch. & Inquiry 126 (2024):

Ebay Paypal LogoThis case study reviews the facts of eBay, Inc.’s spin-off of PayPal, Inc., which presents an opportunity to reinforce the student’s understanding of the complex US corporate reorganization provisions. The case study leads to the question: What would have been the US tax and non-tax consequences of eBay’s spin-off of PayPal for eBay, PayPal, and eBay’s shareholders?

In 1995, Pierre Omidyar launched AuctionWeb, a web-based online auction site where buyers and sellers could trade antiques, collectables, coins, and other goods. In 1997, AuctionWeb was renamed eBay, Inc. By 2014, eBay was “a global commerce leader with 149 million active buyers” with more than 700 million live listings at any given time (eBay 2014).

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

Friday, May 24, 2024

Weekly SSRN Tax Article Review And Roundup: Layser Reviews Cowing's Equity And Ownership In Affordable Housing

This week, Michelle Layser (San Diego; Google Scholar) reviews Adam Cowing (UC-Irvine), Equity and Ownership in Affordable Housing, 2024 U. Ill. L. Rev. 399.

Michelle-layser

In the U.S., homeownership is often essential for wealth building. For middle-income households, “home equity is the largest single financial asset,” and it accounts for 50-70% of net wealth. In 2022, the wealth gap between homeowners and renters reached a historic high, as the median wealth of homeowners rose to $85,000 and the median wealth of renters remained stable at $950. Tax-based homeownership subsidies are common (the mortgage interest deduction is one, and the exclusion of imputed rent is another), but none aim to make home ownership attainable for low-income families. Instead, tax subsidies like the Low-Income Housing Tax (LIHTC) credit (and proposed renters’ tax credits) have focused on providing affordable rental housing. Nevertheless, a new article by Professor Adam Cowing argues that the LIHTC has untapped potential to transform low-income tenants into homeowners.

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May 24, 2024 in Michelle Layser, Scholarship, Tax, Tax Daily, Tax Scholarship, Weekly SSRN Roundup, Weekly Tax Roundup | Permalink

Tax Policy In The Biden Administration

Alfani Presents Economic Inequality in Preindustrial Times Today At The Oxford-Virginia Legal Dialogs

Guido Alfani (Bocconi University; Google Scholar) presents Economic Inequality in Preindustrial Times: Europe and Beyond, 59 J. Econ. Lit. 3 (2021), today as part of the Oxford-Virginia Legal Dialogs hosted by Tsilly Dagan and Ruth Mason: 

Guido alfaniRecent literature has reconstructed estimates of wealth and income inequality for a range of preindustrial, mostly European, societies covering medieval and early modern times, occasionally reaching back to antiquity and even prehistory. These estimates have radically improved our knowledge of distributive dynamics in the past. It now seems clear that in the period circa 1300–1800, inequality of both income and wealth grew almost monotonically almost everywhere in Europe, with the exception of the century-long phase of inequality decline triggered by the Black Death of 1347–52. Regarding the causes of inequality growth, recent literature ruled out economic growth as the main one. Other possible factors include population growth (also as mediated by inheritance systems) and especially regressive fiscal institutions (also as connected to the unequal distribution of political power). The recently proposed theoretical framework of the inequality possibility frontier (IPF) lends a better understanding of the implications of the reconstructed trends. This article concludes by showing how connecting preindustrial trends to modern ones changes our perception of long-term inequality altogether.

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May 24, 2024 in Colloquia, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Thursday, May 23, 2024

Delmotte: Beyond The Wealth Tax

Charles Delmotte (Michigan State; Google Scholar), Beyond the Wealth Tax, 76 Ala. L. Rev. __ (2024):

Alabama law reviewThe increased emphasis on economic equality has led to a consensus on the desirability of a federal wealth tax. Prominent tax scholars and economists advocate imposing a 1% or 2% levy on households with assets exceeding a net worth of $50 million. A wealth tax attempts to tax capital owners on the market value of their assets and businesses in the absence of transactions that determine such value. The proposal thus rests upon a dominant underlying assumption: that determining the market value of assets worth trillions of dollars is a surmountable and administrable task. Yet in reality, wealth taxes fail to satisfy the goals of tax policy, namely administrability, efficiency, and equity.

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May 23, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

WSJ: The IRS Money Hole Gets Deeper

Wall Street Journal Editorial, The IRS Money Hole Gets Deeper:

IRS Logo (2023)The Internal Revenue Service can’t write its own checks, which means it has to ask Congress for funding like any other agency. But if lawmakers have been tracking its misspending, they’ll turn down the tax collectors’ new $104 billion budget request and demand an audit instead.

Commissioner Danny Werfel appeared before the House Appropriations Committee recently and told legislators that the IRS faces financial collapse. “Resources are limited,” he said, and the agency “will likely use them entirely before the funding expires.” In other words, the IRS doesn’t think the $60 billion bonus it received from Congress in 2022 is enough, though it is supposed to last through 2031.

The IRS has a brilliant solution for this cash burn: Add more to the pile. Instead of explaining where the money went, Mr. Werfel asked the House to look away and grant his team another massive funding boost, this time through 2034. The extended bonus he seeks would bring total supplementary funding to $104 billion over 10 years. ...

Missing from the IRS’s request was an accounting of how its last round of funding has been run down so quickly. The money it received in the 2022 Inflation Reduction Act (IRA) was meant to fund a strategic overhaul, but not much of the plan has been carried out. ...

[T]he agency ... howled in protest when House Republicans clawed back $20 billion from the original $80 billion Democrats gave the agency in the 2022 IRA. Despite his pleas, Mr. Werfel is making a strong case for stripping the remainder instead of adding another cent of additional cash.

May 23, 2024 in Congressional News, IRS News, Tax, Tax Daily, Tax News | Permalink

9th Annual Texas Tax Faculty Workshop

Tax workshop photoSMU hosted the 9th Annual Texas Tax Faculty Workshop on Monday:

Christopher Hanna (SMU), Taxing Carried Interest: A Reappraisal (with David Elkins (Netanya; Google Scholar)
Commenter: Susan Morse (Texas; Google Scholar)

Gary Lucas (Texas A&M; Google Scholar), Shaping Preferences with Pigouvian Taxes
Commenter: Johnny Buckles (Houston; Google Scholar)

Orly Mazur (SMU; Google Scholar), Beyond ChatGPT: Responsible AI and Government Innovation, 92 Tenn. L. Rev. __ (2025) (with Adam Thimmesch (Nebraska; Google Scholar))
Commenter: William Byrnes (Texas A&M; Google Scholar

Susan Morse (Texas; Google Scholar), The Truth About Safe Harbors, 92 Tenn. L. Rev. __ (2025)
Commenter: Dennis Drapkin (SMU)

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May 23, 2024 in Scholarship, Tax, Tax Conferences, Tax Daily, Tax Profs, Tax Workshops | Permalink

Wednesday, May 22, 2024

Equity And Ownership In Affordable Housing

Adam Cowing (UC-Irvine), Equity and Ownership in Affordable Housing, 2024 U. Ill. L. Rev. 399: 

Illinois law reviewThe Low-Income Housing Tax Credit (“LIHTC”) is the nation’s largest affordable housing development program. From its inception, policymakers have seen the program’s potential path to homeownership as one of its advantages. In fact, the Internal Revenue Code anticipates tenant and cooperative purchases of LIHTC-financed affordable housing. But the program has never achieved significant homeownership for low-income families. Meanwhile, residents in increasing numbers of LIHTC developments face instability related to investor acquisitions of rental housing and the expiration of restrictions that keep rents affordable—instability that resident ownership could prevent. 

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May 22, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

The Constitutional Meaning Of Financial Terms

Tomer Stein (Tennessee; Google Scholar) & Shelby Ponton (Stetson), The Constitutional Meaning of Financial Terms, 2025 Utah L. Rev. ___:

Utah law reviewThe Constitution has sixty-three financial terms. These financial terms include, for instance, “compensation,” “expenditures,” “debt,” “coin,” “revenue,” “securities,” and “bankruptcies”—all of which determine the elementary building blocks of our governmental makeup. When the Supreme Court interprets the meaning of these financial terms, it does so in isolation and without a consistent framework. This Article proposes a unified framework for the interpretation of financial terms in the Constitution, comprising of two fundamental canons of construction.

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May 22, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Lawsky: Reasoning With Formalized Statutes — The Case Of Capital Gains And Losses

Sarah B. Lawsky (Northwestern; Google Scholar), Reasoning with Formalized Statutes: The Case of Capital Gains and Losses, 43 Va. Tax Rev. 361 (2024):

Virginia tax reviewThis article formalizes sections of the Internal Revenue Code — that is, represents them symbolically — and then reasons with these formalizations algebraically, graphically, and, in a novel approach for U.S. legal scholar-ship, using a computer program that proves theorems. Reasoning with the formalizations reveals previously overlooked errors in the statute, demonstrates equivalence between the actual law and facially dissimilar administrative implementations of the law, and uncovers technical corrections in these administrative implementations that the Internal Revenue Service has not openly acknowledged. The article thus shows how reasoning with formalized statutes leads to insights that may be otherwise obscured by the law’s complexity.

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May 22, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Tuesday, May 21, 2024

Bearer-Friend & Satterthwaite: Taxation & Inequalities—USA National Report

Jeremy Bearer-Friend (George Washington; Google Scholar) & Emily A. Satterthwaite (Georgetown; Google Scholar), Taxation & Inequalities: USA National Report:  

EATLP Logo (2013)As the U.S. Report for the 2024 Congress of the European Association of Tax Law Professors, this draft manuscript provides a survey of US tax law as it pertains to the conference theme, “Taxation and Inequalities.” The report is divided into three sections: constitutional underpinnings of taxation and inequality (Section I); national tax policy and inequality (Section II); and tax enforcement and inequality (Section III).

I. Taxation and Inequalities: Constitutional Underpinnings
1. Equality and Non-Discrimination Law in the United States ...

2. Constitutional Links between Equality and Taxation ...

II. Tax policy and income inequality
1. Tax Policy and Other Inequalities ...
2. Tax Competition and Inequality ...

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May 21, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Brooks: The (Non)Taxation Of Student Debt Cancellation: Statutory Misinterpretation And Normative Conflict

John R. Brooks (Fordham; Google Scholar), The (Non)Taxation of Student Debt Cancellation: Statutory Misinterpretation and Normative Conflict, 77 Nat’l Tax J. __ (2024):

National tax journalStudent debt cancellation is an increasingly important form of subsidy for higher education and reflects a shift toward financing higher education with income-contingent loans. But the legal formalities of debt cancellation expose borrowers to the risk of taxation, especially after 2025. This paper shows that the IRS and Treasury's position that student debt cancellation is sometimes taxable is based on a misreading of the tax code and its history. I further argue that this misreading arises in part because of the conflicting norms of tax policy and non-tax social policy, a conflict that arises in other transfer contexts as well.

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May 21, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Kemker: Do Black Taxpayers Matter? A Critical Tax Analysis Of IRS Audit Practices

Diane Kemker (Southern; Google Scholar), Do Black Taxpayers Matter? A Critical Tax Analysis of IRS Audit Practices, 20 Stan. J. C.R. & C.L. 133 (2024):

Stanford journal of civil rights and civil libertiesThe Earned Income Tax Credit, a federal anti-poverty program administered through the tax system, provides a total of about $65 billion a year in “refundable credits” (a payment in excess of tax liability) to more than 25 million working low-income taxpayers, who receive an average of about $2000 (the precise amount depends on their number of dependents).  Its complex eligibility rules produce persistently high error rates, which are in turn used to justify high audit rates and a grossly disproportionate share of IRS enforcement activity.  

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May 21, 2024 in Legal Education, Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Monday, May 20, 2024

Kysar: The Global Tax Deal And The New International Economic Governance

Rebecca M. Kysar (Fordham; Google Scholar), The Global Tax Deal and the New International Economic Governance, 77 Tax L. Rev. __ (2024):

NYU Law (2016)The ethos of economic integration and trade liberation no longer reigns supreme. Instead of multilateral trade agreements, nations are turning towards protectionism and unilateralism. Yet in late 2021, nearly 140 countries agreed to a new global tax deal that is aimed at coordinating their tax systems to curtail tax competition and corporation profit shifting to tax havens, as well as constructing a new allocation of taxing rights among nations.

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May 20, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

The Kinder, Gentler IRS? Where?

Harvey Gilmore (Hartford), The Kinder, Gentler IRS? Where?, 21 DePaul Bus. & Com. L.J. 31 (2022): 

IRS Logo 2I was a practicing accountant for the better part of ten years. I prepared income tax returns, sales tax returns, property tax returns, payroll tax returns, and New York City Commercial Rent tax returns. Over the years, I’ve also prepared my own tax returns as well as those of friends, relatives, and other paying clients. Academically, I am in my twenty-fifth year as an undergraduate tax law professor. I have a Master of Science Degree in Taxation and a Master of Law in Taxation. What’s the point of all that? Not much, really, except to say that I know a little something about taxes. The most important thing is this: generally, tax authorities and in particular, the Internal Revenue Service (“IRS”) is NOT the friend of the taxpayer.

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May 20, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

A Future for Carbon Taxation?

Myanna Dellinger (EinStrong Foundation),  A Future for Carbon Taxation?, 46 Fordham Int'l L.J. 659 (2023): 

Fordham international law journalCarbon taxation has been the topic of academic and political discussions for quite some time. With the exception of some Northern European countries, far too few states or nations have adopted taxation in amounts likely to impact climate change mitigation positively. However, simply writing off a potential governmentally imposed price on carbon as not feasible is not warranted. First, in a world where we need urgent action from all angles, a carbon tax could prove to be one of several inroads on climate change. There is no one “silver bullet” in this area. Second, since the mere phrasing of the issue as one of “taxation” nearly always elicits negativity in the United States, something as simple as reframing the issue in ways palatable to a broader political spectrum could garner more support. Third, as a younger and more environmentally conscious generation comes into voting age and power, opinions about carbon pricing are shifting. 

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May 20, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Tax Prof Blog Weekend Roundup

Sunday, May 19, 2024

Hasen: Taxation Of Work In Christian Theology

David Hasen (Florida; Google Scholar), Taxation of Work in Christian Theology:

How should Christian theological principles inform rules for the taxation of work? The answer to this question is ambiguous because work plays an ambiguous role in the life of the believer. Scripture accords dignity to work, but work, like almost any activity, can become an idol; depending on its content, work also can be harmful to the worker or to others. Similarly, work, or certain kinds of work, may be systematically underpaid or overpaid. For these reasons, recommendations about the optimal taxation of work in any given case depend on the larger tax system and indeed on the larger economic, social and political conditions in which the tax system operates.

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May 19, 2024 in Faith, Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

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) [879 Downloads]  Don't Blame the Victims: Individuals and the MRT, by Karen Alpert (FixTheTax Treaty.org), John Richardson (TaxResidentAbroad.com) & Laura Snyder (Association of Americans Resident Overseas)
  2. [569 Downloads]  No More Tax-Free Lunch for Billionaires: Closing the Borrowing Loophole, by Edward Fox (Michigan; Google Scholar) & Zachary Liscow (Yale; Google Scholar)
  3. [507 Downloads]  Taxing People, Not Residents, by Yariv Brauner (Florida, Google Scholar) (reviewed by Mirit Eyal-Cohen (Alabama; Google Scholar) here)
  4. [410 Downloads]  Combining VPFs and Tax-Aware Strategies to Diversify Low-Basis Stock, by Joseph Liberman & Nathan Sosner (AQR Capital Management)
  5. [324 Downloads]  Money Moves: Taxing the Wealthy at the State Level, by Brian Galle (Georgetown; Google Scholar), David Gamage (Missouri-Columbia; Google Scholar) & Darien Shanske (UC-Davis; Google Scholar)

May 19, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship, Top 5 Downloads | Permalink

Saturday, May 18, 2024

This Week's Ten Most Popular TaxProf Blog Posts

Top 10 Taxprof Blog Posts - LinkedinLegal Education: 

  1. National Law Journal, Sullivan & Cromwell To Ramp-Up Vetting Of New Hires Amid Wave Of Pro-Palestinian Protests 
  2. Michael Simkovic (USC), Columbia Law Professor Says Columbia University Violated Federal Laws, Fostered A ‘Hostile Environment’ On Campus 
  3. ABA Journal, Mississippi College School Of Law Professor Killed In Triple Homicide 
  4. ABA, Biggest Law School Scholarships Disproportionately Go To White Students 
  5. Sarah Lawsky (Northwestern), Law School Entry-Level Faculty Hiring Is Down 26%; FAR Applicants Are Up 28% 
  6. New York Post, Students Sue CUNY Law School Over Ban On Commencement Speakers, Claiming Move Is Anti-Palestinian 
  7. Eli Wald (Denver), A Liberal Theory Of Legal Education 
  8. Dan Rodriguez (Northwestern), Cash-Strapped California Bar May Drop NCBE And Hire Kaplan To Create New Test 
  9. Bloomberg Law, Big Law Recruiting Rush Puts More Pressure On Diverse Students
  10. Bloomberg Op-Ed (William Treanor (Dean, Georgetown) & Amy Mattock (Georgetown), Early Big Law Recruiting Is Ruining The First Year Of Law School 

Tax: 

  1. Miranda Perry Fleischer (San Diego), Taxing Old Money: Considerations In Crafting A Rignano Tax
  2. New York Times, Was The 401(k) A Mistake?
  3. White House, President Biden Nominates Three Tax Court Judges
  4. New York Times & ProPublica, Trump May Owe $100 Million From Double-Dip Tax Breaks
  5. Andy Grewal (Iowa), The Mandatory Repatriation Tax Is Not A Tax
  6. Xavier Oberson (University of Geneva), Taxing Artificial Intelligence
  7. Timothy Todd (Liberty) & Philip Manns (Liberty), Estate Tax Consequences Of Redeeming Stock With Life Insurance Proceeds
  8. Kristin Hickman (Minnesota) & Bridget C.E. Dooling (Ohio State), Competing Narratives In OIRA Review Of Tax Regulations
  9. SSRN, The Top Five New Tax Papers
  10. University of North Carolina, Tax Profs Receive Awards For Teaching And Scholarship

Faith:

  1. Wall Street Journal Op-Ed (Ralph Reed), The Smear Campaign Against ‘Christian Nationalists’
  2. New York Times Op-Ed (Ross Douthat), Can Conservative And Liberal Catholics Coexist?
  3. Robert George (Princeton) & John Inazu (Washington University), On Antisemitism And The Campus Protests
  4. Pepperdine Caruso Law Surf Report, Religious Diversity At Pepperdine Caruso Law
  5. Paul Caron (Dean, Pepperdine), Pepperdine Caruso Law 3L Commissioning Service

May 18, 2024 in About This Blog, Legal Education, Tax, Tax Daily, Weekly Top 10 TaxProf Blog Posts | Permalink

Hatfield: Safeguarding Taxpayer Data

Michael Hatfield (University of Washington; Google Scholar), Safeguarding Taxpayer Data, 26 Fla. Tax Rev. ___ (2023):

Florida tax reviewThe Internal Revenue Service (IRS) collects more information on more individuals than any other government agency. The information is not only financial but personal, potentially including information about health care needs and decisions; the caregivers, disabilities, and foreign birth of children; the educational progress and felony convictions of students; and one’s religious and charitable associations. In acknowledging the vast quantity of information held by the IRS, and the necessity of taxpayers trusting tax administrators with their information, Congress provided greater protection for taxpayer information under the Internal Revenue Code (IRC) than it was provided under the Privacy Act. Congress obligated IRS employees to keep taxpayer information confidential, and authorized felony charges and damages suits, including punitive damages for inappropriate disclosures of taxpayer information. 

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May 18, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Friday, May 17, 2024

Weekly SSRN Tax Article Review And Roundup: Roberts Reviews The Missing “T” in ESG By Chaim & Parchomovsky

This week, Tracey M. Roberts (Cumberland; Google Scholar) reviews a new work by Danielle A. Chaim (Bar-Ilan; Google Scholar) and Gideon Parchomovsky (Penn; Google Scholar), The Missing “T” in ESG, 77 Vanderbilt L. Rev. 789 (2024).

Roberts (2020)

In The Missing T in ESG, Danielle Chaim and Gideon Parchomovsky take a magnifying glass to ESG investing and the large asset management firms that have been promoting it in recent years. Environmental Social and Governance or “ESG” standards describe a broad array of criteria. Environmental factors examine environmental impacts (such as waste management and greenhouse gas production). Social factors focus on human rights violations and violations of labor laws (such as human trafficking and child labor in the supply chains), among other things. Governance factors consider longer-term value, positive and negative spillover effects, and whether a corporation has implemented structures and personnel with diverse perspectives to avoid the kinds of group-think that led to the mortgage crisis and Great Recession. Ultimately, ESG ratings allow investors, with an aversion to longer-term risks and with preferences beyond short term profit, to pick and choose where they invest their money.

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May 17, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship, Tracey Roberts, Weekly SSRN Roundup, Weekly Tax Roundup | Permalink

Tax Policy In The Biden Administration

Volokh: Nonprofits That Help Organize Protests That Break The Law Can Lose Their Tax Exemptions

Eugene Volokh (UCLA; Google Scholar), Can Nonprofits That Help Organize Protests Lose Their Tax Exemptions?:

Senate Republicans have called on the IRS to investigate various nonprofits that have helped organize university protests, and see if they should be stripped of their tax exemptions. Would that be permissible?

[1.] The government can't strip groups of nonprofit status based on their ideological viewpoints. This was first made clear in Justice Brennan's opinion in Speiser v. Randall (1958), which struck down a denial of a property tax exemption to people and organizations that "advocate[] the overthrow of the Government of the United States … by … violence … or who advocate[] the support of a foreign government against the United States in the event of hostilities" ...

[2.] But nonprofits' right to express viewpoints doesn't extend to a right to violate valid laws (such as content-neutral time, place, and manner restrictions). IRS Revenue Ruling 75-384 deals specifically with that. ...

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May 17, 2024 in Legal Ed News, Legal Education, Tax, Tax Daily, Tax News | Permalink

Next Week’s Tax Workshop

Next Week's Tax Workshops - twitterFriday, May 24: Guido Alfani (Bocconi University; Google Scholar) will present Economic Inequality in Preindustrial Times: Europe and Beyond, 59 J. Econ. Lit. 3 (2021), as part of the Oxford-Virginia Legal Dialogs. If you would like to attend, please RSVP

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May 17, 2024 in Colloquia, Legal Education, Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Thursday, May 16, 2024

Parsons: Cryptocurrency, Legibility, And Taxation

Amanda Parsons (Colorado; Google Scholar), Cryptocurrency, Legibility, and Taxation, 72 Duke L.J. Online 1 (2022):

Duke Law Journal (2022)In Jarrett v. United States, a taxpayer in Tennessee is arguing that staking cryptocurrency did not result in him earning “income” under federal income tax law. This case illustrates the fundamental challenge that cryptocurrency and blockchain technology present for tax law. Wealth creation in the crypto space is not readily legible to the state. This absence of legibility threatens tax law’s reliance on placing economic activities into categories to determine how they should be taxed. Furthermore, this case highlights the harms Congress and Treasury are risking by not taking action on cryptocurrency taxation. The uncertainty and lack of guidance on the appropriate taxation of cryptocurrency is opening the door for a critical juncture in tax law to be decided via strategic litigation. This threatens a jurisprudential evasion of the democratic and administrative process in a high-stakes moment for tax law.

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May 16, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Hayashi & Deeks: Tax Sanctions And The Russia-Ukraine Conflict

Andrew T. Hayashi (Virginia; Google Scholar) & Ashley Deeks (Virginia; Google Scholar), Tax Sanctions and the Russia-Ukraine Conflict, 48 N.C. J. Int'l L. 433 (2023):

North carolina journal of international lawThe Russian invasion of Ukraine in 2022 provoked the imposition of economic sanctions that are unprecedented in their swiftness, severity, and novelty. In this essay, we evaluate the possible role of tax law as another sanctions tool for addressing the Russia-Ukraine conflict and discuss a recent legislative proposal to impose tax sanctions.

Conclusion
When we wrote about the need for tax sanctions in January 2022, our primary concern was the need to find alternative points of leverage over foreign targets that would broaden the reach of U.S. sanctions and reduce the pressure being exerted through traditional financial sanctions, which risked divestment from the U.S. financial system and currency over the long term. More generally, we saw the possibility of making more favorable tradeoffs between foreign policy goals and domestic concerns through tax sanctions and through sanctions rules that allowed for finer calibration. 

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May 16, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship, Tax Workshops | Permalink

Estate Tax Consequences Of Redeeming Stock With Life Insurance Proceeds

Timothy M. Todd (Liberty; Google Scholar) & Philip Manns (Liberty), Seeing Through the Sleight of Hand: Estate Tax Consequences of Redeeming Stock With Life Insurance Proceeds, 183 Tax Notes Fed. 437 (Apr. 15, 2024): 

Tax-notes-federalThe Supreme Court granted certiorari in Connelly v. United States to resolve a circuit court split concerning the federal estate tax valuation of shares in a closely held corporation when that corporation uses life insurance proceeds to satisfy its obligation to redeem the decedent-shareholder’s shares.

We argue that treating the insurance proceeds as suddenly appearing and then quickly disappearing is akin to the magician’s “now you see it, now you don’t” sleight of hand. 

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May 16, 2024 in Scholarship, Tax, Tax Analysts, Tax Daily, Tax Scholarship | Permalink

Wednesday, May 15, 2024

Grewal: The Mandatory Repatriation Tax Is Not A Tax

Andy Grewal (Iowa; Google Scholar), The Mandatory Repatriation Tax Is Not a Tax:

In Moore v. United States, the Supreme Court has agreed to address whether the Sixteenth Amendment allows Congress to tax unrealized sums. The case arises over Section 965(a). Under that section, taxpayers with substantial equity interests in a foreign corporation must immediately include in income their shares of the corporation’s accumulated earnings. The parties and commentators frequently say that Section 965(a) establishes a “Mandatory Repatriation Tax.”

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May 15, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

NY Times: Was The 401(k) A Mistake?

New York Times Magazine, Was the 401(k) a Mistake?:

Work Retire RepeatHow an obscure, 45-year-old tax change transformed retirement and left so many Americans out in the cold.

With pensions, otherwise known as defined-benefit plans, your employer invests on your behalf, and you are promised a fixed monthly income upon retirement. With 401(k)s, which are named after a section of the tax code, you choose from investment options that your company gives you, and there is no guarantee of what you will get back, only limits on what you can put in. This is why they are known as defined-contribution plans. Pensions still exist but mainly for unionized jobs. In the private sector, they have largely been replaced by 401(k)s, which came along in the early 1980s. Generally, contributions to 401(k)s are pretax dollars — you pay income tax when you withdraw the money — and these savings vehicles have been a bonanza for a lot of Americans.

Not all companies offer 401(k)s, however, and millions of private-sector employees lack access to workplace retirement plans. Availability is just one problem; contributing is another. Many people who have 401(k)s put little if any money into their accounts. With Americans now aging out of the work force in record numbers — according to the Alliance for Lifetime Income, a nonprofit founded by a group of financial-services companies, 4.1 million people will turn 65 this year, part of what the AARP and others have called the “silver tsunami” — the holes in the retirement system are becoming starkly apparent. U.S. Census Bureau data indicates that in 2017 49 percent of Americans ages 55 to 66 had “no personal retirement savings.” 

The savings shortfall is no surprise to Teresa Ghilarducci, an economist at the New School in New York. She has long predicted that the shift to 401(k)s would leave vast numbers of Americans without enough money to retire on, reducing many of them to poverty or forcing them to continue working into their late 60s and beyond. That so many people still do not have 401(k)s or find themselves, like Jen Forbus, in such tenuous circumstances when they do, is proof that what she refers to as this “40-year experiment with do-it-yourself pensions” has been “an utter failure.”

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May 15, 2024 in Tax, Tax Daily, Tax News | Permalink

Law School Entry-Level Faculty Hiring Is Down 26%; FAR Applicants Are Up 28%

Sarah Lawsky (Northwestern; Google Scholar), Lawsky Entry Level Hiring Report 2023:

Lawsky 3

There are four entry-level tax hires:

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May 15, 2024 in Legal Ed News, Legal Education, Tax, Tax Daily, Tax News, Tax Prof Moves | Permalink

Step-Up In Basis: Policy Perspectives On A Longstanding Policy Loophole

Bridget J. Crawford (Pace; Google Scholar), Crystal Lichtenberger (Pace), Kaitlyn Maguire (Pace) & Gigi McQuillan (Pace), Step-Up in Basis: Policy Perspectives on a Longstanding Policy Loophole, 7 Bus. & Fin. L. Rev. __ (2024):

This essay offers three different and conflicting perspectives on the income tax step-up in basis for property acquired from a decedent under IRC § 1041. Arguments in favor of repealing this longstanding tax loophole include increased revenue, elimination of the tax preference for income from capital versus labor, and minimizing tax considerations on economic investment decisions. Arguments against repeal include political infeasibility, administrative convenience, and incentives for middle class investment. These divergent perspectives are concrete examples of robust tax policy analysis guided by commitments to multiple principles at the same time. Those commitments include familiar ones like efficiency, equity, and administrability, but also equity and the real-world human consequences of tax rules.

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May 15, 2024 in Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink

Tuesday, May 14, 2024

University Of North Carolina Tax Profs Receive Awards For Teaching And Scholarship

Unc faculty awards
Kathleen Thomas
and Leigh Osofsky received awards for excellence in teaching and scholarship from the University of North Carolina School of Law:

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May 14, 2024 in Legal Ed News, Legal Education, Tax, Tax Daily, Tax News, Tax Profs, Teaching | Permalink

April's Tax Reflections With Reuven Avi-Yonah

Reuven S. Avi-Yonah (Michigan; Google Scholar):

Avi-YonahIs Treasury Bound by the Arm’s-Length Standard?, 183 Tax Notes Fed. 109 (Apr. 1, 2024):

Avi-Yonah examines the history of the arm’s-length standard and considers whether Treasury can deviate from it if it is necessary to clearly reflect related taxpayers’ income.

Can the United States Curb Its Debt?, 183 Tax Notes Fed. 515 (Apr. 15, 2024):

Avi-Yonah argues that because digital services taxes are used to offset the taxation impediment that “digital giants” cannot be taxed under permanent establishment rules, they should qualify as an in-lieu-of tax and therefore be creditable.

Corporate Taxpayers and Frivolous Arguments, Part 1, 183 Tax Notes Fed. 671 (April 22, 2024):

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May 14, 2024 in Scholarship, Tax, Tax Analysts, Tax Daily, Tax Scholarship | Permalink