Paul L. Caron
Dean




Thursday, July 22, 2021

English Presents International Effective Minimum Taxation – OECD/G20 Pillar Two (“GloBE”) Today At The Indiana/Leeds Summer Zoom Tax Workshop Series

Joachim English (Universität Münster) will present International Effective Minimum Taxation – OECD/G20 Pillar Two (“GloBE”) virtually today as part of the Indiana/Leeds Summer Zoom Tax Workshop Series hosted by Leandra Lederman (Indiana) and Leopoldo Parada (Leeds):

Joachim-englishThe G20/OECD Inclusive Framework is currently deliberating an effective international minimum tax as Pillar Two of its work on the tax challenges arising from digitalization. Political agreement on the so-called Global Anti-Base Erosion Proposal (GloBE) is sought for summer 2021 and prospects currently look good, in particular due to its full endorsement by the Biden administration. This paper outlines the developments leading up to the October 2020 Blueprint on GloBE and provides an assessment of its policy rationale and of certain objections raised in public hearings and in literature. 

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July 22, 2021 in Scholarship, Tax, Tax Workshops | Permalink

Friday, July 16, 2021

Next Week's Virtual Tax Workshop

Thursday, July 22: Joachim English (Universität Münster) will present International Effective Minimum Taxation – OECD/G20 Pillar Two (“GloBE”) virtually as part of the Indiana/Leeds Summer Zoom Tax Workshop Series. If you would like to attend, please contact Leandra Lederman or Leopoldo Parada.

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July 16, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Workshops | Permalink

Báez Presents The UN Model Tax Convention On Automated Digital Services Today At The Indiana/Leeds Summer Zoom Tax Workshop Series

Andrés Báez (Universidad Carlos III de Madrid) presents Because Not Always B Comes After A: Critical Reflections on the new Article 12B of the UN Model Tax Convention on Automated Digital Services virtually today as part of the Indiana/Leeds Summer Zoom Tax Workshop Series hosted by Leandra Lederman (Indiana) and Leopoldo Parada (Leeds):

Baez-aProposals to try to meet the challenges of the digital economy through a more or less extensive system of withholding taxes at source are a not great novelty. However, in recent times, these proposals have gained new academic impetus in parallel with the work that, since 2013, and in line with the BEPS Plan, the Organisation for Economic Cooperation and Development (OECD) has been developing concerning taxation of the digitalized economy. 

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July 16, 2021 in Colloquia, Scholarship, Tax, Tax Workshops | Permalink

Friday, July 9, 2021

Next Week's Virtual Tax Workshop

Friday, July 16: Andrés Báez (Universidad Carlos III de Madrid) will present Because Not Always B Comes After A: Critical Reflections on the new Article 12B of the UN Model Tax Convention on Automated Digital Services virtually as part of the Indiana/Leeds Summer Zoom Tax Workshop Series. If you would like to attend, please contact Leandra Lederman or Leopoldo Parada.

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July 9, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Workshops | Permalink

Shaviro Presents Economics, Law, And Politics Of Increased Taxation Of Multinationals Today At The Indiana/Leeds Summer Zoom Tax Workshop Series

Daniel Shaviro (NYU) presents The Economics, Law, and National Politics of Seeking Increased Taxation of Multinationals virtually today as part of the Indiana/Leeds Summer Zoom Tax Workshop Series hosted by Leandra Lederman (Indiana) and Leopoldo Parada (Leeds):

Daniel-shaviro-indiana-leedsIt seems like only yesterday that what one might call the “end of history” in corporate and international tax policy appeared to be at hand. Over time, global tax competition was driving down countries’ corporate income tax revenues, relative to their gross domestic products (GDPs). Statutory corporate tax rates were likewise moving downwards, with a predicted endpoint of zero that some experts favored reaching sooner, rather than later. Meanwhile, with regard to the taxation of multinational companies, the world was said to be marching inexorably towards the universal replacement of worldwide residence-based taxation with that which was purely territorial, or source-based. Proponents lauded this shift as both benign and inevitable, and tended not to emphasize the fact that existing, putatively territorial, systems tended in practice to be “hybrids” that retained significant elements of residence-based taxation of home companies’ foreign source income (FSI).

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July 9, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Wednesday, July 7, 2021

Blank Presents Presidential Tax Transparency Today At UC-Irvine

Joshua Blank (UC-Irvine; Google Scholar) presents Presidential Tax Transparency, 40 Yale L. & Pol'y Rev. __ (2021), virtually today at the UC-Irvine School of Law Intellectual Life Workshop.

Joshua-blankWhether the public should have access to the tax returns of the President of the United States, and those who seek the office, is the focus of acute attention and debate.  President Donald Trump’s refusal to disclose his tax returns throughout his campaigns and presidency has fueled multiple legislative public disclosure proposals.  In March 2021, the U.S. House of Representatives passed legislation as part of the For the People Act of 2021 that would require Presidents, Vice Presidents, and nominees to publicly disclose several years of their tax returns through the Federal Election Commission.  Dozens of state legislatures have considered similar requirements for candidates who seek to appear on state primary and general election ballots.  Proponents of these measures argue that public disclosure of tax returns could expose conflicts of interest, reveal the President’s and candidates’ annual tax liability and tax rates, and, most importantly, enable the public to observe whether the President or candidates have engaged in tax evasion, pursued tax shelters and other tax avoidance, and participated in audits or tax controversies with the IRS.

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July 7, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Friday, July 2, 2021

Next Week's Virtual Tax Workshop

Cauble Presents Electing Second Choice Tax Outcomes Today At The Indiana/Leeds Summer Zoom Tax Workshop Series

Emily Cauble (DePaul) presents Electing Second Choice Tax Outcomes virtually today as part of the Indiana/Leeds Summer Zoom Tax Workshop Series hosted by Leandra Lederman (Indiana) and Leopoldo Parada (Leeds):

Indiana LeedsIn many instances, taxpayers can select among different available tax outcomes by simply filing (or not filing) a tax election. Oftentimes, taxpayers file tax elections on a protective basis. When a taxpayer believes that filing an election may not be necessary but files it just in case, the taxpayer is filing a “protective tax election.” While existing academic literature explores various aspects of tax elections, the filing of tax elections on a protective basis has not been addressed. This Article begins to fill that gap.

In some circumstances, the tax outcome that follows from making a protective tax election is not necessarily what the taxpayer intends to claim. A taxpayer might plan to claim a given tax outcome but be wary of a risk that the claim will fail. The taxpayer files a protective tax election to opt for the taxpayer’s second choice. In other words, the taxpayer uses the election to ensure that, if the taxpayer’s intended claim does fail, the alternative tax treatment imposed upon the taxpayer is more favorable than what would befall the taxpayer in the absence of the protective tax election.

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July 2, 2021 in Colloquia, Scholarship, Tax, Tax Workshops | Permalink

Friday, June 25, 2021

Hammerl & Zechner Present Taxing Profit And Consumption In The Digital Era Today At The Indiana/Leeds Summer Zoom Tax Workshop Series

Stefan Hammerl (Graz) & Lily Zechner (Graz) present Taxing Profit and Consumption in Market Jurisdictions: Equity and Administrability in the Digital Era virtually today as part of the Indiana/Leeds Summer Zoom Tax Workshop Series hosted by Leandra Lederman (Indiana) and Leopoldo Parada (Leeds):

Indiana LeedsAgainst the backdrop of a digitalized economy and a multitude of digital business models, policymakers from around the world are seeking consensus concerning an appropriate allocation of taxing rights. While there is widespread acceptance that consumption taxes should be levied in market jurisdictions, this is not yet the case in corporate income taxation. In an effort to counteract base erosion and profit shifting and more generally, reduce tax avoidance opportunities, the international community is now working to advance the ‘destination principle’ in a broader context. The notion of taxing profit and consumption in market jurisdictions can further equity among states. However, taxation in market jurisdictions can be afflicted with considerable tax compliance and enforcement difficulties, which can lead to inequitable results among taxpayers.

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June 25, 2021 in Colloquia, Scholarship, Tax, Tax Workshops | Permalink

Next Week's Virtual Tax Workshop

Friday, July 2: Emily Cauble (DePaul) presents Electing Second Choice Tax Outcomes virtually as part of the Indiana/Leeds Summer Zoom Tax Workshop Series. If you would like to attend, please contact Leandra Lederman or Leopoldo Parada.

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June 25, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Monday, June 21, 2021

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

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

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

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

Friday, June 18, 2021

Next Week's Virtual Tax Workshops

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

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

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

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

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

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

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

Friday, June 11, 2021

Next Week's Virtual Tax Workshop

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

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

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

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

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

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

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

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

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

Friday, June 4, 2021

Next Week's Virtual Tax Workshops

Friday, June 11: Afton Titus (Cape Town; Google Scholar) will present Tax Policy for the Future of Developing Countries: The Synergies Between Covid-19 and Automation virtually as part of the Indiana/Leeds Summer Zoom Tax Workshop Series. If you would like to attend, please contact Leandra Lederman or Leopoldo Parada.

Friday, June 11: Anne Alstott (Yale) will commentate on Building a Law-and-Political-Economy Framework: Beyond the Twentieth-Century Synthesis, 129 Yale L. J. 1784 (2020), by Jedediah Britton-Purdy (Columbia), David Singh Grewal (UC-Berkeley), Amy Kapczynski (Yale), and Sabeel K. Rahman (Brooklyn) virtually at the Oxford-Virginia Legal Dialogs: Tax Meets Non-Tax Series. If you would like to attend, please contact Tsilly Dagan or Ruth Mason.

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June 4, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Ordower Presents A Utopian BEPS Alternative Today At The Indiana/Leeds Summer Zoom Tax Workshop Series

Henry Ordower (St. Louis) presents Uniform International Tax Collection and Distribution for Global Development, a Utopian BEPS Alternative, 12 Colum. J. Tax L. 126 (2021), virtually today as part of the Indiana/Leeds Summer Zoom Tax Workshop Series hosted by Leandra Lederman (Indiana) and Leopoldo Parada (Leeds):

OrdowerUnder the guise of compelling multinational enterprises (MNEs) to pay their fair share of income taxes, the OECD and other multinational agencies have introduced proposals to prevent MNEs from eroding the income tax base of developed economies by continuing to shift income artificially to low or zero tax jurisdictions. Some of the proposals have garnered substantial multinational support, including recent support from the new U.S. presidential administration for a global minimum tax. This Article reviews many of those international proposals. The proposals tend to concentrate the incremental tax revenue from the prevention of base erosion into the treasuries of the developed economies although the minimum tax proposal known as GloBE encourages low tax countries to adopt the minimum rate. The likelihood that zero tax countries will transition successfully to imposing the minimum tax seems uncertain.

Developed economies lack a compelling moral claim to incremental revenue so this Article argues that collecting a fair tax from MNEs and other taxpayers should be a goal that is independent of claims on that revenue. This Article maintains that to prevent tax base erosion, the income tax base and administration must be uniform across national borders and the Article recommends applying uniform rules administered by an international taxing agency. The Article explores the convergence of tax rules under such an international taxing agency.

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June 4, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Saturday, May 29, 2021

Next Week's Virtual Tax Workshop

Friday, May 28, 2021

Herzfeld Presents Taxes Are Not Binary: The Unfortunate Consequences Of Splitting Taxes Into Arbitrary Categories Today At The Indiana/Leeds Summer Zoom Tax Workshop Series

Mindy Herzfeld (Florida; Google Scholar) presents Taxes Are Not Binary: The Unfortunate Consequences of Splitting Taxes into Arbitrary Categories today as part of the Indiana/Leeds Summer Zoom Tax Workshop Series hosted by Leandra Lederman (Indiana) and Leopoldo Parada (Leeds):

Mindy_Herzfeld_00170-1024x1024Binary categorization of a “tax” into one of two alternative categories has important substantive implications in a number of disciplines, including constitutional law, tax law, accounting, and trade. Constitutional references to direct tax have been important through American history, factoring into the legality of various new types of taxes and now raising their head again in the context of current debates over the wealth tax. The binary separation of taxes into two categories of direct and indirect taxes also has important consequences in the trade area, as trade agreements generally categorize border adjusted direct taxes as export subsidies but generally bless border adjusted indirect taxes. A separate binary distinction exists between the definition of income and non-income tax. Within the U.S. federal income tax law, the split of a tax into an income or non-income tax has important consequences for creditability of foreign taxes, with large implications for companies’ bottom lines.  In the accounting world, the consequences of treatment of an income tax or non-income tax are relevant for financial statement purposes – the latter is classified in a separate line item in the income statement, while the former is “above the line” and lumped into gross income.

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May 28, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Tuesday, May 25, 2021

Burke Presents Bristol-Myers’ Disappearing Gain Today At Florida

Karen C. Burke (Florida) presents Bristol-Myers’ Disappearing Gain at Florida today as part of its Summer Virtual Workshop Series:

Burke (2019)Recently, an alleged tax shelter involving Bristol-Myers Squibb (Bristol) accidentally came to light and then quickly disappeared from public view. Following an audit of the taxpayer’s 2012 tax return, the IRS Office of Chief Counsel issued a lengthy legal memorandum (TAM 20204201), concluding that Bristol’s contribution of low-basis, high-value intangibles to a partnership impermissibly shifted gain of $3.9 billion offshore. While the memorandum posted on the IRS website was redacted to eliminate sensitive information—such as the company’s name and the amount in controversy—the redaction of the original document was botched. The IRS quickly substituted a properly redacted version, but now both Bristol and the IRS must deal with the fallout from the shelter which potentially would save the company $1.4 billion in U.S. taxes. The Bristol transaction followed a familiar pattern employed by U.S. pharmaceutical companies (including Merck) and other Fortune 500 companies (including General Electric and Dow Chemical) to shift taxable income from the U.S. to low-tax foreign countries.

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May 25, 2021 in Colloquia, Scholarship, Tax, Tax Workshops | Permalink

Tuesday, May 18, 2021

Parada Presents Full Taxation: The Single-Tax Emperor’s New Clothes Virtually Today At Sorbonne Université Paris

Leopoldo Parada (Leeds; Google Scholar) presents Full Taxation: The Single-Tax Emperor’s New Clothes, 24 Fla. Tax Rev. __ (2021), virtually at Sorbonne Université Paris 1 today hosted by Daniel Gutman:

Os6kwiVtIt has recently been argued in the international tax literature that the OECD Base Erosion and Profit Shifting project (BEPS) reflects and effectuates full taxation, namely an international norm that would suggest that all of a company’s income should be taxed in places where it has real business activities, representing a modern approach to the single-taxation paradigm. This article builds upon the concept of full taxation and argues that although rhetorically attractive, the concept is still conceptually inconsistent, particularly because it is incapable of providing any hints as regards where and who should finally be taxed. Moreover, it adopts an overinclusive and instrumental approach, the purpose of which appears to be only to legitimatise the use of coordinated provisions whose rationale attend exclusively to avoid the complete absence of taxation in cross-border transactions. 

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

Friday, May 14, 2021

Next Week's Virtual Tax Workshop

Tuesday, May 18: Leopoldo Parada (Leeds; Google Scholar) will present Full Taxation: The Single-Tax Emperor’s New Clothes, 24 Fla. Tax Rev. __ (2021), virtually at Sorbonne Université Paris 1. If you would like to attend, please contact Professor Daniel Gutman.

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May 14, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Tuesday, May 11, 2021

Call For Papers: Indiana/Leeds Summer Zoom Tax Workshop Series

From Leandra Lederman:

2021-indiana-leeds-graphic-2This summer, the Indiana University Maurer School of Law and the University of  Leeds School of Law will run the Indiana/Leeds Summer Tax Workshop Series again. Like last summer, Dr. Leopoldo Parada and I will host it. It will meet online via Zoom on Fridays from 11:30am-1pm Eastern time (4:30-6pm British Summer Time), starting May 28, 2021. We expect to invite a couple of speakers and select the remainder from a call for papers.

The Call for Papers opens today and will close on May 14, 2021 at midnight British Summer Time (7pm Eastern Daylight Time). If you are interested in presenting in the Workshop, please send the following before then to both llederma@indiana.edu and L.Parada@leeds.ac.uk, with “Indiana/Leeds Workshop submission” in the subject line of your email:

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May 11, 2021 in Colloquia, Tax, Tax Scholarship, Tax Workshops | Permalink

Thursday, April 29, 2021

Hemel Presents Regulation And Redistribution With Lives In The Balance Virtually Today At Penn State

Daniel Hemel (Chicago; Google Scholar) presents Regulation and Redistribution with Lives in the Balance, 88 U. Chi. L. Rev. __ (2021), virtually at Penn State-University Park today as part of its Faculty Works in Progress Series:

Hemel_daniel (1)A central question in law and economics is whether non-tax legal rules should be designed solely to maximize efficiency or whether they also should account for concerns about the distribution of income. This question takes on particular importance in the context of cost-benefit analysis. Federal agencies apply cost-benefit analysis when writing regulations that generate multibillion dollar impacts on the US economy and profound effects on millions of Americans’ lives. In the past, agency cost-benefit analyses typically have ignored the income-distributive consequences of those regulations. That may soon change: On his first day in office, President Biden instructed his Office of Management and Budget to propose procedures for incorporating distributive considerations into cost-benefit analysis, thus bringing renewed relevance to a long-running law-and-economics debate.

This article explores what it might mean in practice for agencies to incorporate distributive considerations into cost-benefit analysis.

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April 29, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Blank Presents Automated Legal Guidance Virtually Today At Queen Mary

Joshua Blank (UC-Irvine; Google Scholar) presents Automated Legal Guidance (with Leigh Osofsky (North Carolina; Google Scholar)), 106 Cornell L. Rev. 179 (2020), virtually at the Institute of Tax Law at the Centre for Commercial Law at Queen Mary University of London School of Law today hosted by Bernard Scheider and Christiana HJI Panayi:

Blank520Through online tools, virtual assistants, and other technology, governments increasingly rely on artificial intelligence to help the public understand and apply the law. The Internal Revenue Service, for example, encourages taxpayers to seek answers regarding various tax credits and deductions through its online “Interactive Tax Assistant.” The U.S. Army directs individuals with questions about enlistment to its virtual guide, “Sgt. Star.” And the U.S. Citizenship and Immigration Services suggests that potential green card holders and citizens speak with its interactive chatbot, “Emma.” Through such automated legal guidance, the government seeks to provide advice to the public at a fraction of the cost of employing human beings to perform these same tasks.

This Article offers one of the first critiques of these new systems of artificial intelligence.

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April 29, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Friday, April 23, 2021

Next Week's Virtual Tax Workshop

Thursday, April 29: Daniel Hemel (Chicago; Google Scholar) will present Regulation and Redistribution with Lives in the Balance, 88 U. Chi. L. Rev. __ (2021), virtually at Penn State-University Park as part of its Faculty Works in Progress Series. If you would like to attend, please contact Dean Hari M. Osofsky.

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April 23, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Thursday, April 22, 2021

Horwitz Presents Endowment Restrictions And Crises Virtually Today At Duke

Jill Horwitz (UCLA) will present No, Really, The Endowment is Not For Us: Endowment Restrictions and Crises virtually at Duke as part of its Tax Policy Workshop Series hosted by Richard Schmalbeck & Lawrence Zelenak:

Horwitz-jill-e1515199687598-wpcf_232x350The pandemic has caused enormous suffering, and charities have not been spared.  They have faced extreme revenue loss, reduced programs, laid off staff, and closed their doors. Yet in the midst of this devastating crisis, there is a lot of money sitting in endowments, and it is largely unavailable to alleviate harms to charities, charitable beneficiaries, and employees.  Moreover, charities regulators across the country have provided guidance reminding charities that legal constraints still apply, both with respect to restrictions mandating that assets must be held for investment as in the case of endowment funds and other kinds of specific restrictions on spending. Restrictions on charitable assets are meant to be observed, even during a crisis, even during a pandemic.  Do these rather inflexible restrictions make sense?  Even during a pandemic?  This article answers that question, largely in the affirmative. It engages decades of scholarly debate regarding the justification for adhering to restrictions in general, with particular attention to endowment restrictions, and uses crises as a stress-test of the law.  It considers the wisdom of changing rules in the midst of crises. In a discussion of waste it concludes that, with the possible exception of extreme cases, both practical evidence and theory point towards maintaining restrictions.  It re-examines traditional arguments for allowing donors to restrict the use of donations as applied in the context of emergencies.  

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April 22, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Maynard Presents Business Meals Or Bust Virtually Today At Indiana

Goldburn P. Maynard Jr. (Indiana University, Kelley School of Business; Google Scholar) presents Business Meals or Bust virtually at Indiana University, Maurer School of Law today as part of its Tax Policy Colloquium Series  hosted by Leandra Lederman:

Gomayn-768The three-martini lunch deduction, as it has often been called, has a long, boondoggle-filled history. The deduction for business meals was an important enough Republican prerogative that it was at the center of last-minute stimulus negotiations that resulted in a second recovery bill in December 2020. Yet, the 100 percent deduction was almost universally panned by economists and tax policy experts. This essay argues that the passage of the deduction is an example of dogmatic, ideology driven policymaking that relies on the human need for stories to make sense of the world. 

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April 22, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Wednesday, April 21, 2021

Blank & Osofsky Present Automated Legal Guidance Virtually Today At Minnesota

Joshua Blank (UC-Irvine; Google Scholar) and Leigh Osofsky (North Carolina; Google Scholar) present Automated Legal Guidance, 106 Cornell L. Rev. 179 (2020), virtually at Minnesota today as part of its Perspectives on Taxation Lecture Series hosted by Kristin Hickman:

Blank and osofskyThrough online tools, virtual assistants, and other technology, governments increasingly rely on artificial intelligence to help the public understand and apply the law. The Internal Revenue Service, for example, encourages taxpayers to seek answers regarding various tax credits and deductions through its online “Interactive Tax Assistant.” The U.S. Army directs individuals with questions about enlistment to its virtual guide, “Sgt. Star.” And the U.S. Citizenship and Immigration Services suggests that potential green card holders and citizens speak with its interactive chatbot, “Emma.” Through such automated legal guidance, the government seeks to provide advice to the public at a fraction of the cost of employing human beings to perform these same tasks

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

Mehrotra Presents The Rise And Fall Of The 1970's VAT Virtually Today At Boston College

Ajay Mehrotra (Northwestern; Google Scholar) presents Nixon's VAT: The Rise and Fall of the 1970's National Value-Added Tax to Fund Education virtually at Boston College today as part of its Tax Policy Workshop Series hosted by Shu-Yi Oei, Jim Repetti, and Diane Ring:

Graphic-MehrotraAjay_v2016-08-31Nearly all developed countries and many in the developing world have some type of a national consumption tax, frequently in the form of a value-added tax (VAT).  The United States is a glaring exception. Although the United States has numerous subnational consumption taxes, generally in the form of state and local sales taxes, our country has regularly rejected national consumption taxes.  This paper — which is part of a larger comparative-historical project exploring the question: “why no VAT in the U.S.?” — examines the rise and fall of a 1970s national VAT proposal aimed at funding education. During 1969 and the early 1970s, the Richard M. Nixon presidential administration considered several VAT proposals and eventually recommended the adoption of a national VAT to fund education.  While the education VAT had significant support among tax experts, policymakers, and social activists, it was eventually defeated in Congress.

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

Friday, April 16, 2021

Next Week's Virtual Tax Workshops

Wednesday, April 21: Ajay Mehrotra (Northwestern; Google Scholar) will present Nixon's VAT: The Rise and Fall of the 1970's National Value-Added Tax to Fund Education virtually at Boston College as part of its Tax Policy Workshop Series. If you would like to attend, please contact Jim Repetti.

Wednesday, April 21: Josh Blank (UC-Irvine; Google Scholar) and Leigh Osofsky (North Carolina; Google Scholar) will present Automated Legal Guidance virtually at Minnesota as part of its Perspectives on Taxation Lecture Series. If you would like to attend, please contact Kristin Hickman.

Thursday, April 22: Goldburn P. Maynard Jr. (Indiana; Google Scholar) will present Business Meals or Bust virtually at Indiana as part of its Tax Policy Colloquium Series. If you would like to attend, please contact Leandra Lederman.

Thursday, April 22: Jill Horwitz (UCLA) will present No, Really, The Endowment is Not For Us: Endowment Restrictions and Crises virtually at Duke as part of its Tax Policy Workshop Series. If you would like to attend, please contact  Richard Schmalbeck or Lawrence Zelenak.

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April 16, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Gilson Presents Value Creation By Business Lawyers: Legal Skills And Asset Pricing Virtually Today At Oxford-Virginia

Ronald J. Gilson (Columbia; Google Scholar) presents Value Creation by Business Lawyers: Legal Skills and Asset Pricing, 94 Yale L.J. 239 (1984), virtually at the Oxford-Virginia Legal Dialogs: Tax Meets Non-Tax Series today hosted by Tsilly Dagan and Ruth Mason:

Ronald_gilsonWhat do business lawyers really do? Embarrassingly enough, at a time when lawyers are criticized with increasing frequency as nonproductive actors in the economy, there seems to be no coherent answer. That is not, of course, to say that answers have not been offered; there are a number of familiar responses that we have all heard or, what is worse, that we have all offered at one time or another without really thinking very hard about them. The problem is that, for surprisingly similar reasons, none of them is very helpful. Clients have their own, often quite uncharitable, view of what business lawyers do. In an extreme version, business lawyers are perceived as evil sorcerers who use their special skills and professional magic to relieve clients of their possessions. Kurt Vonnegut makes the point in an amusing way. A law student is told by his favorite professor that, to get ahead in the practice of law, "a lawyer should be looking for situations where large amounts of money are about to change hands." Though this advice is hardly different from standard professional suggestions about how to build a practice, the reasons offered for the advice lay bare a quite different view of the business lawyer's function:

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April 16, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Lawsky Presents Teaching Algorithms And Algorithms For Teaching Virtually At Utah

Sarah Lawsky (Northwestern; Google Scholar) presented Teaching Algorithms and Algorithms for Teaching, 24 Fla. Tax. Rev. __ (2021), virtually at Utah yesterday as part of its Faculty Workshop Series hosted by Young Ran (Christine) Kim:

Graphic-LawskySarahB_v2016-08-04This article focuses on what it calls the “algorithm method,” a common method used to teach tax classes that presents students with unambiguous problems that guide students through complex statutes and regulations. The article describes a novel teaching tool created by the author: a website that randomly generates tax problems with objectively correct answers; multiple choice answers that reflect common errors that students make; and explanations for each answer that either respond to the underlying error or give a full explanation of the correct answer. 

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April 16, 2021 in Colloquia, Legal Ed Scholarship, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Thursday, April 15, 2021

Hemel Presents Law And The New Dynamic Public Finance Virtually Today At Duke

Daniel Hemel (Chicago; Google Scholar) presents Law and the New Dynamic Public Finance virtually at Duke today as part of its Tax Policy Workshop Series hosted by Richard Schmalbeck & Lawrence Zelenak:

Hemel_danielThe “new dynamic public finance” literature has generated important insights for the design of tax systems and social insurance programs in recent years. But with few exceptions, legal scholars in tax and related fields have yet to engage with the dynamic public finance literature. That lack of engagement is unfortunate, both because insights from dynamic public finance can enrich legal analysis and because lessons from law can inform dynamic public finance research. 

This essay explores the potential for cross-pollination between law and the new dynamic public finance. It addresses the design of age-dependent labor income taxes, capital taxation, the taxation of intergenerational wealth transfers, and constitutional aspects of tax law. Three themes emerge. First, the dynamic public finance literature highlights circumstances in which tax interventions and legal technologies can be complementary. In these cases, the dynamic public finance literature may motivate legal scholars to refocus attention on decades-old doctrinal challenges.

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April 15, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Christians Presents The Case For A Sustainable Excess Profits Tax Virtually Today At Indiana

Allison Christians (McGill; Google Scholar) presents The Case for a Sustainable Excess Profits Tax (with Tarcisio Diniz Magalhaes (Antwerp)) virtually at Indiana today as part of its Tax Policy Colloquium Series hosted by Leandra Lederman:

Allison_christians_2019 (1)Taxes designed to counter unsustainable behaviours that lead to environmental destruction are usually styled as surtaxes on purchase prices. It makes more sense to locate the source of the profits derived from such behaviours and tax them in order to internalize the environmental costs that are currently externalized to current and future societies. Since profit extracted by externalizing environmental risks constitutes economic rent, it could be taxed at high rates without creating inefficiencies. We propose a method for doing so in the form of a “sustainable excess profits tax”—a SEP tax. The tax base of a SEP tax can be constructed by using life cycle analysis methods to identify the portion of corporate profit that is attributable to the externalized environmental costs of production and distribution at all stages of supply chains.

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April 15, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Blank Presents Presidential Tax Transparency Virtually Today At Stockholm University

Joshua Blank (UC-Irvine; Google Scholar) presents Presidential Tax Transparency, 40 Yale L. & Pol'y Rev. __ (2021), virtually at Stockholm University today hosted by Roger Persson Österman and Jérôme Monsenego:

Blank520Whether the public should have access to the tax returns of the President of the United States, and those who seek the office, is the focus of acute attention and debate. President Donald Trump’s refusal to disclose his tax returns throughout his campaigns and presidency has fueled multiple legislative public disclosure proposals. In March 2021, the U.S. House of Representatives passed legislation as part of the For the People Act of 2021 that would require Presidents, Vice Presidents, and nominees to publicly disclose several years of their tax returns through the Federal Election Commission. Dozens of state legislatures have considered similar requirements for candidates who seek to appear on state primary and general election ballots. Proponents of these measures argue that public disclosure of tax returns could expose conflicts of interest, reveal the President’s and candidates’ annual tax liability and tax rates, and, most importantly, enable the public to observe whether the President or candidates have engaged in tax evasion, pursued tax shelters and other tax avoidance, and participated in audits or tax controversies with the IRS.

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April 15, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Monday, April 12, 2021

Alstott Delivers Pugh Lecture Today At San Diego On Child Care Reform After The Pandemic

Anne Alstott (Yale) delivers the annual Richard Crawford Pugh Lecture on Tax Law & Policy at San Diego today on Child Care Reform After the Pandemic: Towards a Public Option:

Alstott_anne_ala23-2017

This lecture will build on the work that Ganesh Sitaraman (Vanderbilt) and I do in our book, The Public Option: How to Expand Freedom, Increase Opportunity, and Promote Equality (Harvard University Press 2019), to make four points:

First, child care should not be understood as a private responsibility, one to be met by market purchases by individual parents. Instead, we should frame child care as an important public investment – as we do in the case of public education and public utilities.

Second, we should recognize that the economics of child care doom the market model to failure: by treating child care as a consumer product, like Doritos or air freshener, we guarantee the trifecta of high cost, low quality, and poor working conditions. And tax-based subsidies cannot effectively cure these defects.

Third, there are existing models for a public option in child care, and many states, localities, and nonprofits have begun to take measures that we could extend. A public option has been proved to provide affordable care, verifiable quality, and sound working conditions.

Fourth, a public option will help us weather a future pandemic or public emergency, for reasons of high quality and public accountability.

Previous Richard Crawford Pugh Lectures on Tax Law & Policy:

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April 12, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Friday, April 9, 2021

Next Week's Virtual Tax Workshops

Monday, April 12: Anne Alstott (Yale) will deliver the annual Richard Crawford Pugh Lecture on Tax Law & Policy at San Diego on Child Care Reform After the Pandemic: Towards a Public Option. If you would like to attend, please contact San Diego Law Events.

Thursday, April 15: Allison Christians (McGill; Google Scholar) will present The Case for a Sustainable Excess Profits Tax (with Tarcisio Diniz Magalhaes (Antwerp)) virtually at Indiana as part of its Tax Policy Colloquium Series. If you would like to attend, please contact Leandra Lederman.

Thursday, April 15: Daniel Hemel (Chicago; Google Scholar) will present Law and the New Dynamic Public Finance virtually at Duke as part of its Tax Policy Workshop Series. If you would like to attend, please contact  Richard Schmalbeck or Lawrence Zelenak.

Friday, April 16: Ronald J. Gilson (Columbia; Google Scholar) will present Value Creation by Business Lawyers: Legal Skills and Asset Pricing (with Michael S. Knoll (Penn) commentating) virtually at the Oxford-Virginia Legal Dialogs: Tax Meets Non-Tax Series. If you would like to attend, please contact Tsilly Dagan or Ruth Mason.

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April 9, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

24th Annual Critical Tax Theory Conference At UC-Irvine

UC-Irvine hosts the 24th Annual Critical Tax Theory Conference (program):

UCI_Law_1lineblue_logoThe Critical Tax Theory Conference has a long history of fostering the work of both established and emerging scholars whose research challenges and enriches the tax law and policy literature. Critical tax scholars question assumptions of objectivity in tax, as their work explores how tax law and policy impact historically marginalized groups. At a time when tax policy is once again at the forefront of politics and public discourse, the work of these and other critical tax scholars supports a more robust discussion of the role for tax law in current and future social and economic policy.

Panel #1: 

  • Leslie Book (Villanova), Keith Fogg (Harvard) & Nina E. Olson (Center for Taxpayer Rights), Administrative Burdens, Sludge, and Individual Taxpayer Rights
  • Michelle Layser (Illinois), Subsidizing Gentrification: A Spatial Analysis Of Place-Based Tax Incentives
  • Nancy Shurtz (Oregon) & Esther Sherman, When We Breathe: Reinventing the EITC for a More Just and Caring World
  • Moderator:  Mirit Eyal-Cohen (Alabama) 
  • Commentators:   Joshua Blank (UC-Irvine) & Christine Kim (Utah) 

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April 9, 2021 in Conferences, Scholarship, Tax, Tax Conferences, Tax Workshops | Permalink

Wednesday, April 7, 2021

Hemel Presents Regulation And Redistribution With Lives In The Balance Virtually Today At Toronto

Daniel Hemel (Chicago; Google Scholar) presents Regulation and Redistribution with Lives in the Balance, 88 U. Chi. L. Rev. ___ (2021), virtually at Toronto today as part of its James Hausman Tax Law and Policy Workshop Series:

Hemel_danielA central question in law and economics is whether non-tax legal rules should be designed solely to maximize efficiency or whether they also should account for concerns about the distribution of income. This question takes on particular importance in the context of cost-benefit analysis. Federal agencies apply cost-benefit analysis when writing regulations that generate multibillion dollar impacts on the US economy and profound effects on millions of Americans’ lives. In the past, agency cost-benefit analyses typically have ignored the income-distributive consequences of those regulations. That may soon change: On his first day in office, President Biden instructed his Office of Management and Budget to propose procedures for incorporating distributive considerations into cost-benefit analysis, thus bringing renewed relevance to a long-running law-and-economics debate.

This article explores what it might mean in practice for agencies to incorporate distributive considerations into cost-benefit analysis.

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April 7, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Shay Presents Applying Section 265 To Address An Opaque Foreign Income Subsidy Virtually Today At Boston College

Stephen Shay (Boston College; Google Scholar) presents Applying Section 265 to Address an Opaque Foreign Income Subsidy virtually at Boston College today as part of its Tax Policy Workshop Series hosted by Shu-Yi Oei, Jim Repetti, and Diane Ring:

ProfileImage.img (2)This article considers whether gross income offset by deductions whose sole object is to exempt foreign income from U.S. tax (exemptive deductions), is a class of income wholly exempt from taxes for purposes of the deduction disallowance rule of Section 265(a)(1). The better analysis of the statute and regulation is that deductions (other than an exemptive deduction) allocable to income offset by an exemptive deduction are subject to disallowance under existing Code Section 265(a)(1). Allowing a U.S. shareholder deductions for expenses allocable to foreign income offset by an exemptive deduction would be an opaque subsidy for foreign investment. If permitted, the subsidy would advantage multinational over domestic businesses, shareholders over workers, and high income and foreign investors over other taxpayers.

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April 7, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Tuesday, April 6, 2021

Hickman Presents OIRA Review Of Tax Regulatory Actions Virtually Today At Florida State

Kristin Hickman (Minnesota; Google Scholar) presents An Overlooked Dimension to OIRA Review of Tax Regulatory Actions, 105 Minn. L. Rev. Headnotes (2021), virtually at Florida State today as part of its Tax Workshop Speaker Series hosted by Jeffrey Kahn:

Kristin-hickman-webIn April 2018, the Treasury Department and the Office of Information and Regulatory Affairs (OIRA) signed a Memorandum of Agreement reversing an exemption and providing for the first time that significant tax regulatory actions would be subject to OIRA review under Executive Order 12866.  The transition to the Biden administration has raised questions whether the Memorandum of Agreement should be reversed and most tax rules and regulations again exempted from OIRA review.  Critiques of OIRA review in the tax context generally focus on disagreements over whether the benefit-cost analysis required by Executive Order 12866 is useful or should rely on different methodological assumptions.  This essay emphasizes instead the symbiotic relationship between OIRA review, benefit-cost analysis, and compliance with Administrative Procedure Act procedure and process requirements.  

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April 6, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Buchanan Presents Social Security Is Fair to All Generations Virtually Today At Duke

Neil Buchanan (Florida; Google Scholar) presents Social Security is Fair to All Generations: Demystifying the Trust Fund, Solvency, and the Promise to Younger Americans virtually at Duke today as part of its Tax Policy Workshop Series hosted by Richard Schmalbeck & Lawrence Zelenak:

Buchanan_Neil_500x500The Social Security system has come under attack for having illegitimately transferred wealth from younger generations to the Baby Boom generation. This attack is unfounded, because it fails to understand how the system was altered in order to force the Baby Boomers to finance their own benefits in retirement. Any challenges that Social Security now faces are not caused by the pay-as-you-go structure of the system but by Baby Boomers’ other policy errors, especially the emergence of extreme economic inequality since 1980. 

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April 6, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Friday, April 2, 2021

Next Week's Virtual Tax Workshops

Tuesday, April 6: Kristin Hickman (Minnesota; Google Scholar) will present An Overlooked Dimension to OIRA Review of Tax Regulatory Actions virtually at Florida State as part of its Tax Workshop Speaker Series. If you would like to attend, please contact Jeffrey Kahn.

Tuesday, April 6: Neil Buchanan (Florida; Google Scholar) will present Social Security is Fair to All Generations: Demystifying the Trust Fund, Solvency, and the Promise to Younger Americans virtually at Duke as part of its Tax Policy Workshop Series. If you would like to attend, please contact  Richard Schmalbeck or Lawrence Zelenak.

Wednesday, April 7: Daniel Hemel (Chicago; Google Scholar) will present Regulation and Redistribution with Lives in the Balance virtually at Toronto as part of its James Hausman Tax Law and Policy Workshop Series. If you would like to attend, please contact Angeliki Zacharakis.

Wednesday, April 7: Stephen Shay (Boston College; Google Scholar) will present Applying Section 265 to Address an Opaque Foreign Income Subsidy virtually at Boston College as part of its Tax Policy Workshop Series. If you would like to attend, please contact Jim Repetti.

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April 2, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Thursday, April 1, 2021

Galle & Shay Present Admin Law And The Crisis Of Tax Administration Virtually Today At Indiana

Brian Galle (Georgetown; Google Scholar) & Stephen Shay (Boston College; Google Scholar) present Admin Law and the Crisis of Tax Administration virtually at Indiana today as part of its Tax Policy Colloquium Series hosted by Leandra Lederman:

Galle shayEven as the modern IRS is struggling to do its job,  guardrails around adopting tax rules have been evolving to make IRS action slower, costlier, more sclerotic. As administrative law scholars have long recognized, procedural rules favor the status quo over new rules. In the case of the IRS, they favor existing rules over updated or revised rules and non-enforcement over enforcement.  For most tax administration, we argue, this bias is more dramatic, and more damaging, than in regulatory areas where the public has some recourse when an agency is silent. These effects are sometimes called a bias in favor of “inaction.” 

When translated to tax, the law’s bias towards inaction becomes a tilt against revenue and against the poor.

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April 1, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Tuesday, March 30, 2021

Grewal Presents Allocating Deductions To Tax-Exempt Income Virtually Today At Florida State

Andy Grewal (Iowa) presents Tax 202: Properly Allocating Deductions to Tax-Exempt Income virtually at Florida State today as part of its Tax Workshop Speaker Series hosted by Jeffrey Kahn: 

2020_Grewal_Andy_Faculty (3)Through the CARES Act, Congress established a generous Paycheck Protection Program. Under that program, recipients would get loans which could easily qualify for tax-free forgiveness. As an added bonus, taxpayers would enjoy tax deductions when they spent the amounts they borrowed.

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

Unfortunately, Congress did not go far enough. The IRS, with the blessing of some courts, has long used an aggressive interpretation of Section 265(a) to improperly allocate deductions to tax-exempt income, and thereby deny them.

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March 30, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Monday, March 29, 2021

Mann Presents Targeting Plastics Pollution With Taxes Virtually Today At Boston College

Roberta Mann (Oregon) presents Targeting Plastics Pollution with Taxes virtually at Boston College today as part of its Tax Policy Workshop Series hosted by Shu-Yi Oei, Jim Repetti, and Diane Ring:

MannPlastic pollution is a matter of increasing global concern.  In 2015, a report by McKinsey & Company stated that “the amount of unmanaged plastic waste entering the ocean has reached crisis levels.” Assuming a constant level of fish stocks, the weight of plastic pollution in the ocean in 2050 is projected to exceed the weight of the fish. The concern reaches all levels of government from the local to the national.  Solutions include plastic bag bans, taxes or fees on single-use plastics, incentives for reusable bags, and incentives for recycling.  Recycling has become a particular issue since early 2018, when China announced it would stop accepting imported plastic waste. Plastics pollution creates significant environmental externalities, such as harm to natural systems, greenhouse gas emissions from production and after-use incineration, and human health impacts from endocrine disrupters released when plastics degrade. Environmental taxation should be an efficient solution to the plastics pollution problem, if properly designed. 

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March 29, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Field Presents Itemization After The TCJA: How State Election Uniformity Laws Undermined Tax Simplification Virtually Today At Florida

Heather Field (UC-Hastings; Google Scholar) presents Itemization After the TCJA: How State Election Uniformity Laws Undermined the Goal of Simplifying the Individual Income Tax virtually at Florida today as part of its Tax Colloquium Series hosted by Charlene Luke:

FieldAlmost 30 million fewer federal income tax returns with itemized deductions were filed for the 2018 tax year than were filed for 2017.  On the surface, that suggests that the TCJA’s itemization-related changes—specifically, the increase to the standard deduction and limits on itemized deductions—simplified the individual income tax system.  A closer look at the data, however, tells a more complex story.  Specifically, this Article uses federal and state individual income tax filing data from the 2017 and 2018 tax years to demonstrate that the TCJA’s impact on itemization rates varied from state to state depending, among other things, on whether the state obligated its taxpayers to make the same tax election (i.e., to itemize or take the standard deduction) for state purposes as the taxpayer made for federal purposes. 

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March 29, 2021 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Friday, March 26, 2021

Next Week's Virtual Tax Workshops

Monday, March 29: Roberta Mann (Oregon) will present Targeting Plastics Pollution with Taxes virtually at Boston College as part of its Tax Policy Workshop Series. If you would like to attend, please contact Jim Repetti.

Monday, March 29: Heather Field (UC-Hastings; Google Scholar) will present Itemization After The TCJA: How State Election Uniformity Laws Undermined Tax Simplification virtually at Florida as part of its Tax Colloquium Series. If you would like to attend, please contact Charlene Luke.

Tuesday, March 30: Andy Grewal (Iowa) will present Tax 202: Properly Allocating Deductions to Tax-Exempt Income virtually at Florida State as part of its Tax Workshop Speaker Series. If you would like to attend, please contact Jeffrey Kahn.

Thursday, April 1: Brian Galle (Georgetown; Google Scholar) & Stephen Shay (Boston College; Google Scholar) will present Admin Law and the Crisis of Tax Administration virtually at Indiana as part of its Tax Policy Colloquium Series. If you would like to attend, please contact Leandra Lederman.

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March 26, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink