Paul L. Caron
Dean


Monday, July 22, 2019

Shobe Presents The Substance Over Form Doctrine And The Up-C At The IRS

Gladriel Shobe (BYU) presented The Substance Over Form Doctrine and the Up-C, 38 Va. Tax Rev. 249 (2018), to the Passthrough and Special Industries Group in the IRS Chief Counsel's Office on Friday in Washington, D.C.:

Shobe (2018)The Up-C is an increasingly popular form of IPO that generates significant tax benefits as compared to a traditional IPO. These tax benefits, which are the driving force behind the Up-C, have generally gone uncontested and are achieved by taking a form over substance approach to the Up-C for tax purposes. Governmental officials had never directly addressed the Up-C until recently when the SEC issued an interpretive letter (the Up-C Letter) condoning a substance over form approach to the Up-C for purposes of SEC Rule 144. As a result of the Up-C Letter, owners in an Up-C get the best of both worlds by inconsistently taking a form over substance approach for tax purposes and a substance over form approach for securities law purposes.

This Article analyzes whether this disparate treatment of the Up-C is justified from either a technical or policy perspective.

Continue reading

July 22, 2019 in Colloquia, IRS News, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink | Comments (0)

Friday, July 5, 2019

Grinberg Presents Corporate Profit Reallocation In An Uncertain Environment Today At Oxford

GrinbergItai Grinberg (Georgetown) presents Stabilizing 'Pillar One': Corporate Profit Reallocation in an Uncertain Environment at the annual summer conference on Taxing the Digitalised Economy: Closing in on Reform (program) today at the Centre for Business Taxation at the Saïd Business School, University of Oxford:

This paper is about how the world reestablishes international tax order.

The paper focuses on the OECD’s work on profit reallocation and asks whether this multilateral effort can be successful in stabilizing the international tax system. The analysis centers on the current leading concepts for reallocating profit among jurisdictions under what is known as “Pillar One” of the OECD work programme. To analyze whether any Pillar One concept can be turned into a stable multilateral regime, it is necessary to specify certain elements of what a proposal to reallocate profits might entail. Accordingly, this paper sets out two strawman proposals. One strawman uses a “market intangibles” concept that explicitly separates routine and residual returns. The other strawman might be described, in current OECD parlance, as a “distribution-based” approach.

Continue reading

July 5, 2019 in Colloquia, Scholarship, Tax, Tax Conferences, Tax Scholarship, Tax Workshops | Permalink | Comments (0)

Friday, May 24, 2019

Columbia Hosts Tax Workshop

Columbia (2017)Columbia Tax Workshop:

Brian Galle (Georgetown, Law), The Tax Exemption for Charitable Property: An Empirical Assessment
Discussant: François Gérard (Columbia, Economics)

Yehonatan Givati (Hebrew University, Law), Theories of Tax Deductions: Income Measurement Versus Efficiency
Discussant: Michael Doran (Virginia, Law)

Rebecca Kysar (Fordham, Law), Unraveling the Tax Treaty
Discussant: Mirit Eyal-Cohen (Alabama, Law)

Zach Liscow (Yale, Law), Toward Democratic Law and Economics: Moral Commitments & Inequality
Discussant: Jake Brooks (Georgetown, Law)

Continue reading

May 24, 2019 in Colloquia, Scholarship, Tax, Tax Workshops | Permalink | Comments (0)

Lederman Presents The Fraud Triangle And Tax Evasion Today At The University Of Lisbon

Lederman (2018)Leandra Lederman (Indiana) presents The Fraud Triangle and Tax Evasion today at the University of Lisbon:

The “fraud triangle” is the preeminent framework for analyzing fraud in the accounting literature. It is a theory of why some people commit fraud, developed out of studies of individuals, including inmates convicted of criminal trust violations. The three components of the fraud triangle are generally considered to be (1) an incentive or pressure (usually financial), (2) opportunity, and (3) rationalization. There is a separate, extensive legal literature on tax compliance and evasion. Yet the fraud triangle is largely absent from this legal literature, although tax evasion is a type of fraud. This article rectifies that oversight, analyzing how the fraud triangle—and its expanded version, the “fraud diamond”—can inform the legal literature on tax compliance. The article argues that the fraud triangle can provide a frame that brings together distinct tax compliance theories discussed in the legal literature, the traditional economic (deterrence) model and behavioral theories focusing on such things as social norms or tax morale.

Continue reading

May 24, 2019 in Colloquia, Scholarship, Tax, Tax Workshops | Permalink | Comments (0)

Monday, April 22, 2019

Morse Presents GILTI: The Cooperative Potential Of A Unilateral Minimum Tax Today At Pepperdine

Morse (2018)Susan C. Morse (Texas) presents GILTI: The Cooperative Potential of a Unilateral Minimum Tax at Pepperdine today as part of our Tax Policy Workshop Series hosted by Dorothy Brown and Paul Caron and funded in part by a generous gift from Scott Racine:

Could the U.S. tax on global intangible low-taxed income, or GILTI, end the game of international tax competition? The GILTI tax is a unilateral minimum tax enacted as part as 2017 tax statute known as the TCJA. There is a long-shot possibility that it might save the global corporate tax. A robust global corporate tax in turn could support innovative new policy options such as the use of corporate tax revenue to further international social justice goals. The stakes are high. Is there any chance that GILTI could do it? ...

This paper proceeds as follows. Part I compares the GILTI tax to the U.S. deferral regime that preceded it, and describes the cooperative potential of the U.S. international corporate tax law after the 2017 Act. Part II explains the details of GILTI structure, which works as advertised if international tax systems conform with respect to timing, rate and base. Part III explains that taxpayers will attempt to disrupt the convergence of timing, rate and base. Tax administrators, in turn, will face the question of whether, and how, to pursue the possibility of harmonizing corporate tax systems in light of the tools offered by the U.S. international corporate tax law after the 2017 Act.

Continue reading

April 22, 2019 in Colloquia, Pepperdine Tax, Scholarship, Tax, Tax Workshops | Permalink | Comments (0)

Monday, April 8, 2019

Kysar Presents Unravelling The Tax Treaty Today At Pepperdine

Kysar (2018)Rebecca Kysar (Fordham) presents Unravelling the Tax Treaty, 103 Minn. L. Rev. ___ (2019), at Pepperdine today as part of our Tax Policy Workshop Series hosted by Dorothy Brown and Paul Caron and funded in part by a generous gift from Scott Racine:

Coordination among nations over the taxation of international transactions rests on a network of some 2,000 bilateral double tax treaties. The double tax treaty is, in many ways, the roots of the international system of taxation. That system, however, is in upheaval in the face of globalization, technological advances, taxpayer abuse, and shifting political tides. In the academic literature, however, scrutiny of tax treaties is largely confined to the albeit important question of whether tax treaties are beneficial for developing countries. Surprisingly little consideration has been paid to whether developed countries, like the United States, should continue to sign tax treaties with one another, and no formal revenue or economic analyses of the treaties has been undertaken by the United States government. In fact, little evidence or theory exists to support entrance into tax treaties by the United States, and examination of investment flows indicates the treaties may even lose U.S. revenues. Problematically, the treaties also thwart reforms of the antiquated and broken international tax system. The trajectory of the recent U.S. tax legislation illustrates this phenomenon.

Continue reading

April 8, 2019 in Colloquia, Pepperdine Tax, Scholarship, Tax, Tax Workshops | Permalink | Comments (0)

Saturday, April 6, 2019

22nd Annual Critical Tax Theory Conference At Pepperdine

PEPPERDINE CAMPUS WITH LOGO (2019)Pepperdine hosts the 22nd Annual Critical Tax Theory Conference (program) today and tomorrow:

The 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.

Keynote Address:  Dorothy Brown (Emory; Visiting at Pepperdine), The Life of a Tax Crit: When Keeping It Real Can Go Really Really Wrong

Panel #1: 

Continue reading

April 6, 2019 in Pepperdine Tax, Scholarship, Tax, Tax Conferences, Tax Workshops | Permalink | Comments (0)

Monday, March 25, 2019

Blank Presents Simplexity And Legal Calculators Today At Pepperdine

Blank (2018)Joshua Blank (UC-Irvine) presents Simplexity and Legal Calculators (with Leigh Osofsky (North Carolina)) at Pepperdine today as part of our Tax Policy Workshop Series hosted by Dorothy Brown and Paul Caron and funded in part by a generous gift from Scott Racine:

Automated customer service has become one of the primary ways in which consumers find answers to their questions, whether they involve airline reservations, medical insurance coverage or unresponsive home appliances. Federal and state tax authorities have increasingly begun to offer online decision-making tools that provide guidance regarding the tax law to taxpayers. Some online tools, such as the IRS’s “Withholding Calculator,” direct taxpayers to input wage information in order to receive confirmation of whether their tax withholding is adequate. More comprehensive online tools, such as the IRS’s “Interactive Tax Assistant,” ask taxpayers personal questions and then deliver answers on topics ranging from whether the taxpayer is required to file a tax return to whether the taxpayer is entitled to claim certain tax credits to whether a type of income is taxable. These online tools do not just perform mathematical calculations; rather, they attempt to calculate taxpayers’ legal consequences.

Continue reading

March 25, 2019 in Colloquia, Pepperdine Tax, Scholarship, Tax, Tax Workshops | Permalink | Comments (0)

Monday, March 4, 2019

Shobe Presents Economic Segregation, Tax Reform, And The Local Tax Deduction Today At Pepperdine

Shobe (2018)Gladriel Shobe (BYU) presents Economic Segregation, Tax Reform, and the Local Tax Deduction at Pepperdine today as part of our Tax Policy Workshop Series hosted by Dorothy Brown and Paul Caron and funded in part by a generous gift from Scott Racine:

Economic segregation has increased over the past half century. The trend of rich localities getting richer while poor localities get poorer is particularly concerning because it limits upward mobility and perpetuates intergenerational income inequality. This Article makes the novel argument that the federal deduction for local taxes rewards, and likely contributes to, economic segregation. It arrives at that conclusion by showing that the local tax deduction disproportionately subsidizes wealthy localities because only those localities have a critical mass of wealthy taxpayers who claim the deduction. This allows wealthy localities, but not poor localities, to provide services at a cost less than face value to their residents. This Article argues that the deduction’s subsidy for wealthy localities rewards and likely contributes to economic segregation because it provides an incentive for the wealthy to segregate into wealthy, subsidized localities over less segregated and less subsidized localities.

Continue reading

March 4, 2019 in Colloquia, Pepperdine Tax, Scholarship, Tax, Tax Workshops | Permalink | Comments (1)

Monday, February 18, 2019

Maynard Presents Legislating Tax Cuts With Tall Tales Today At Pepperdine

Maynard (2018)Goldburn P. Maynard Jr. (Louisville) presents Legislating Tax Cuts With Tall Tales at Pepperdine today as part of our Tax Policy Workshop Series hosted by Dorothy Brown and Paul Caron and funded in part by a generous gift from Scott Racine:

Part I provides a brief introduction to the work of philosophers Liam Murphy and Thomas Nagel on everyday libertarianism. This part shows how the narratives of hard work and just desert along with stories of government oppression have been used to support policies that harm those who vote against them. System Justification Theory helps to explain the counterintuitive notion that the disadvantaged have a need to defend the status quo.

Part II proceeds by exploring three tax reform battles from different decades: 1986, 2001, 2017. By comparing the three, this part shows that there was a narrative element to each. Yet, the importance of data decreased across each tax fight. In 1986 there was a genuine commitment to thorough data collection. By 2017, reformers were dodging the data and questioning its effectiveness.

Continue reading

February 18, 2019 in Colloquia, Pepperdine Tax, Scholarship, Tax, Tax Workshops | Permalink | Comments (1)

Monday, February 4, 2019

Oh Presents The Effects Of Capital Gains Rate Uncertainty On Realization Today At Pepperdine

OhJason Oh (UCLA) presents The Effects of Capital Gains Rate Uncertainty on Realization (with David Kamin (NYU)) at Pepperdine today as part of our Tax Policy Workshop Series hosted by Dorothy Brown and Paul Caron and funded in part by a generous gift from Scott Racine:

Taxpayers should expect capital gains rates to fluctuate in light of frequent historical changes and the current divergence of rates preferred by Democrats and Republicans. This paper is the first to model the effect of such rate uncertainty on the realization incentives of asset holders and finds those effects to be potentially large. There are several implications. First, rate uncertainty may alleviate the lock-in effect of the realization rule when rates are low and exacerbate lock-in when rates are high. Second, there could be significant inaccuracies extrapolating the elasticity of capital gains realizations measured at one rate to another. Third, some policy solutions aimed at addressing distortions created by the realization rule may not work as well as expected.

Continue reading

February 4, 2019 in Colloquia, Pepperdine Tax, Scholarship, Tax, Tax Workshops | Permalink | Comments (0)

Wednesday, January 23, 2019

Kleiman Presents Tax Limits And Public Control Today At Pepperdine

KleimanAriel Jurow Kleiman (San Diego) presents Tax Limits and the Future of Local Democracy, 133 Harv. L. Rev. ___ 2019), at Pepperdine today as part of our Tax Policy Workshop Series hosted by Dorothy Brown and Paul Caron:

Local governments are severely restricted in their ability to raise tax revenue, in part by state-level statutes that place caps on local tax rates and revenue. Many attribute the proliferation of these local tax limitations to entrenched antitax sentiment among U.S. taxpayers. This antitax narrative is attractive for its simplicity and explanatory power. It provides a clear mandate for those enacting tax limiting laws as well as a simple fiscal rubric for those evaluating the success of such limits—namely, lower taxes equals success. However, the explanatory power of the antitax narrative is limited. Perhaps most notably, it fails to explain why voters regularly approve tax increases, even in places with strict tax limitations. Using the lens of the 1970s Tax Revolt, this Article complicates the traditional antitax narrative surrounding tax limitations, offering evidence that voters also supported tax limits in order to increase public control and oversight of local government fiscal decisions.

Continue reading

January 23, 2019 in Colloquia, Pepperdine Tax, Scholarship, Tax, Tax Workshops | Permalink | Comments (1)

Monday, January 7, 2019

Pepperdine Tax Policy Workshop Series (Spring 2019)

Pepperdine Law LogoHere is the schedule for the Spring 2019 Pepperdine Tax Policy Workshop Series I am co-hosting with Dorothy Brown, our Straus Distinguished Visiting Professor of Law, funded in part with a generous gift from Scott Racine:

I will of course blog each professor's paper on the day of their presentation. Southern California professors and practitioners are welcome to attend any of the sessions (10:30 a.m. - 12:00 p.m.), as well as lunch with our speaker and students (12:00 pm - 1:15 pm) — just let me know.

Continue reading

January 7, 2019 in Colloquia, Pepperdine Tax, Scholarship, Tax, Tax Workshops | Permalink | Comments (0)