Paul L. Caron
Dean





Wednesday, February 8, 2023

Choi Presents Subjective Costs Of Tax Compliance Today At Northwestern

Jonathan Choi (Minnesota; Google Scholar) presents Subjective Costs of Tax Compliance (with Ariel Jurow Kleiman (Loyola-LA; Google Scholar)) at Northwestern today as part of its Advanced Topics in Taxation Colloquium hosted by Gregg Polsky:

Jonathan-choiThis Article introduces and estimates “subjective costs” of tax compliance, which are costs of tax compliance that people experience directly and individually. To measure these costs, we conducted a survey experiment assessing how much taxpayers would pay to reduce the unpleasantness associated with filing a tax return. The experiment revealed that taxpayers are more concerned about inadvertent mistakes in their tax filings than by the time spent on compliance. Respondents also only ascribed meaningful value to eliminating all tax compliance work; they ascribed essentially no value to marginal time savings. Additionally, eliminating tax compliance time for high-income taxpayers and taxpayers with complex returns is not worth much more than eliminating tax compliance time for low-income taxpayers with simple returns.

These findings have important implications for theory and policy. From a theoretical perspective, these survey results call into question the nearly universal practice of using market wages to monetize the time that people spend on tax compliance work. 

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February 8, 2023 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Blank & Glogower: When Should Means Matter? The Case Of Tax Compliance

Joshua D. Blank (UC-Irvine; Google Scholar) & Ari D. Glogower (Northwestern; Google Scholar), When Should Means Matter? The Case of Tax Compliance, 42 Va. Tax Rev. __ (2023):

Virginia Tax Review (2021)When should policymakers incorporate individuals’ economic means, such as wealth and income, into the design of legal rules? Two principles in legal theory typically favor uniform legal rules, which do not vary based on individual characteristics. First, under the “double distortion” principle in the law and economics literature, means-based adjustments to legal rules should be reserved for the tax system alone. Second, theories of the rule of law also favor generally applicable legal rules, rather than those targeted to certain individuals or groups.

Because of its core distributive function, the progressive tax system represents a prominent exception to these principles favoring uniform legal rules, and explicitly accounts for individuals’ economic means when determining tax liabilities.

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February 8, 2023 in Scholarship, Tax, Tax Scholarship | Permalink

Call For Presentations: UC-Irvine Symposium On Taxation Of Crypto-Assets

The UC-Irvine Graduate Tax Program has issued a call for papers for its fifth annual Taylor Nelson Amitrano LLP Tax Symposium on Taxation of Crypto Assets on April 17, 2023:

UCI Law (2022)We are interested in submissions for proposed presentations on current issues relating to taxation of crypto-assets in the United States and abroad.

This one-day virtual symposium will be attended by tax industry professionals, government officials, and academic researchers from all over the world. Presenters of accepted submissions will be invited to present at the event.

We accept submissions from:

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February 8, 2023 in Conferences, Tax, Tax Conferences | Permalink

Tuesday, February 7, 2023

Galle Presents Solving the Valuation Challenge: The ULTRA Method of Taxing Extreme Wealth Today At Columbia

Brian Galle (Georgetown; Google Scholar) presents Solving the Valuation Challenge: The ULTRA Method for Taxing Extreme Wealth, 72 Duke L.J. ___ (2023) (with David Gamage (Indiana-Maurer; Google Scholar) & Darien Shanske (UC-Davis; Google Scholar)) (reviewed by Young Ran (Christine) Kim (Cardozo; Google Scholar) here) at Columbia today as part of its Davis Polk & Wardwell Tax Policy Colloquium hosted by David Schizer:

Galle (2023)Recent reporting based on leaked tax returns of the ultra-rich confirms what experts have long suspected: for the wealthiest Americans, paying taxes is mostly optional. Some of the country's richest have reported annual incomes that would be modest for a school teacher, even as the share of wealth held by the top .1% is at its highest in nearly a century.

Experts have long understood that one problem sits at the root cause of many of the tax system's failures to reach the very rich: valuation. Because it is difficult to appraise complex or unique assets, modern tax systems instead wait until an asset is sold to impose tax. In combination with an American rule that wipes away income tax on inherited profits, and a highly porous estate tax system, this "realization" approach has deeply undermined U.S. efforts to tax extreme wealth.

This Article proposes a new approach: governments should take payments from the wealthy in the form of notional equity interests, which we call "ULTRAs," for unliquidated tax reserve accounts. 

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February 7, 2023 in Colloquia, Scholarship, Tax, Tax Scholarship | Permalink

Lawsky Presents Coding The Code: Catala And Computationally Accessible Tax Law Today At Duke

Sarah B. Lawsky (Northwestern; Google Scholar) presents Coding The Code: Catala And Computationally Accessible Tax Law, 75 S.M.U. L. Rev. 535 (2022), at Duke today as part of its Tax Policy Seminar hosted by Lawrence Zelenak:

Sarah lawskyThis Article describes a new programming language, Catala, created by a team of computer scientists and lawyers. Catala provides a tractable and functional approach to coding U.S. tax law that offers a more transparent formalization and could potentially hold the government more accountable than the current patchwork of forms, worksheets, and secret programs.

While this Article describes a particular programming language, key characteristics of this particular language could generalize to other programming languages that formalize the law. First, Catala is a domain-specific programming language designed specifically for formalizing tax law. In particular, Catala is structured using default logic, a nonstandard logic that represents the underlying structure of the U.S. tax code more accurately than does standard logic. This structure makes the computer code easier to read, easier to create, and easier to modify when the law changes. 

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February 7, 2023 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Christians Presents Global Tax Reform And Mythical International Law Today At Georgetown

Allison Christians (McGill; Google Scholar) presents Global Tax Reform and Mythical International Law (with Tarcísio Diniz Magalhães (Antwerp; Google Scholar)) at Georgetown today as part of its Tax Law and Public Finance Workshop hosted by Emily Satterthwaite and Dayanand Manoli:

Christians (2023)Over the past several years, governments around the world have been debating how to design coordinated minimum taxes on large multinationals in a bid to end race-to-the-bottom global tax competition. The plans so far have been complex and intricate, but in virtually all respects the evolution of ideas has followed well-worn practices and approaches in tax and corporate law. Nevertheless, outspoken critics have emerged with arguments against change that are grounded in abstract and often ill-defined international law concepts—effectively, a mythology of general and/or customary norms meant to forestall forward momentum and cast doubt on the fundamental workability of global tax reform as it has been collaboratively developed to date. This Article examines the myths of international tax law and demonstrates that each purported impediment is either conceptually under-theorized or exaggerated in legal impact or both.

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February 7, 2023 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Brooklyn Hosts A Book Talk And Discussion Today On For-Profit Philanthropy

Brooklyn hosts a hybrid Book Talk and Discussion with Dana Brakman Reiser (Brooklyn; Google Scholar) and Steven A. Dean (Brooklyn), featuring Anne-Marie Slaughter (CEO, New America; Professor Emerita, Princeton University) on For-Profit Philanthropy: Elite Power & the Threat of Limited Liability Companies, Donor-Advised Funds, & Strategic Corporate Giving (Oxford University Press 2023) today at 6:00 PM ET:

For-profit-philanthropyAbout the Book

Please join Professors Dana Brakman Reiser and Steven A. Dean for a discussion of their new book For-Profit Philanthropy (Oxford University Press, Jan. 3, 2023).

In For-Profit Philanthropy, the authors reveal that philanthropy law has long operated as strategic compromise, binding ordinary Americans and elites together in a common purpose. At its center stands the private foundation. Prophylactic restrictions separate foundations from their funders' business and political interests. And foundations must disclose more about the sources and uses of their assets than any other business or charity. The philanthropic innovations increasingly espoused by America's most privileged individuals and powerful companies prioritize donor autonomy and privacy, casting aside the foundation and the tools it provides elites to demonstrate their good faith. By threatening to displace impactful charity with hollow virtue signaling, these actions also jeopardize the public's faith in the generosity of those at the top.

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February 7, 2023 in Book Club, Books, Conferences, Legal Education, Scholarship, Tax, Tax Scholarship | Permalink

Monday, February 6, 2023

End The Charitable Tax Exemption And Remove The Conflict Of Interest Baked Into Big Philanthropy

Chronicle of Philanthropy Op-Ed:  End the Charitable Tax Exemption and Remove the Conflict of Interest Baked Into Big Philanthropy, by Jeffrey Cain:

The genius of American philanthropy, it is often said, is that nearly all Americans, of every income level, give. But the tax exemptions and deductions in the Internal Revenue Code are not for all Americans, the overwhelming majority of whom don’t itemize their federal income taxes or claim the charitable deduction. Few will ever start their own foundation or open a donor-advised fund. Most don’t have a tax accountant, philanthropic adviser, or private bank account.

Instead, the formidable body of tax-exempt law, policy, and regulation created during the past 100 years provides the framework for Big Philanthropy. This is not solely about America’s wealthiest philanthropists and largest foundations. It is, rather, the system of charitable giving that bestows tax privileges upon donors in exchange for their charitable contributions. And it is a system powered by the conflict of interest inherent in those tax laws.

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February 6, 2023 in Tax, Tax News | Permalink

Lesson From The Tax Court: The Tax Court Is Not Your Advocate

Camp (2021)Today I present two lessons.  First, we learn why diabetes is not a per se disability sufficient to avoid penalties for early 401(k) distributions.  Second, we learn that pro se litigants cannot rely on the Tax Court to consider potential arguments they could have raised, but did not.

Diabetes is a well-known and widespread disease, afflicting some 37.3 million people in the U.S., according to the CDC’s 2022 National Diabetes Statistics Report.  That’s just over 11% of the US population.  Medical complications abound, as detailed in this report from the Diabetes Institute Research Foundation.

Managing diabetes and its attendant complications can be difficult and expensive.  In recognition of that, Canada gives this tax credit to Canadians who must manage the disease.  And in the U.S., many of the costs associated with diabetes qualify for the medical expense deduction under §213.  See e.g. IRS Publication 502 (2021) at p. 7 (explaining that cost of blood sugar test kit for diabetes is a qualifying medical expense).

In Robert B. Lucas v. Commissioner, T.C. Memo. 2023-9 (Jan. 17, 2023) (Judge Urda), the unemployed taxpayer took an early distribution from his 401(k) plan to help make ends meet, which included helping to manage his diabetes.  The issue was whether he had to pay the §72(t) 10% penalty for early distributions.  He could avoid the entire penalty if his diabetes qualified as a disability, and he could avoid some of it if the distribution was used for expenses allowable as a §213 deduction.  As to the first, Judge Urda teaches us why diabetes is not, in and of itself, a disability sufficient to escape the 10% penalty.  As to the second, Judge Urda notes the issue but, because the taxpayer did not raise it, “[w]e accordingly deem the issue forfeited.”  Op. at 4.  In doing that, Judge Urda teaches an important lesson on the role of the Tax Court.

Details below the fold.

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February 6, 2023 in Bryan Camp, New Cases, Scholarship, Tax, Tax Practice And Procedure, Tax Scholarship | Permalink | Comments (3)

TaxProf Blog Weekend Roundup

Sunday, February 5, 2023

Aprill & Mayer: 21st Century Churches And Federal Tax Law

Ellen P. Aprill (Loyola-L.A.; Google Scholar) & Lloyd Hitoshi Mayer (Notre Dame; Google Scholar), 21st Century Churches and Federal Tax Law:

Federal tax treatment matters to churches, the term the IRS uses for all types of religious congregations, including synagogues, mosques, and temples. The federal tax provisions most significant for churches and certain entities closely related to them, however, are not those that the public and commentators often assume. Exemption from income tax and the ability of donors to deduct contributions, the benefits that receive the most public attention, in fact provide surprisingly little benefit either to churches in the aggregate or to most individual churches. Their status as organizations tax-exempt under section 501(c)(3) of the Internal Revenue Code, moreover, imposes a variety of burdens on them. The burdens include limitations on lobbying and the prohibition on any intervention in campaigns for public office.

At the same time churches enjoy special tax benefits not afforded to other section 501(c)(3) organizations, not even other kinds of tax-exempt religious organizations. These special benefits make church status appealing. Such benefits include exemption from filing the IRS Form 990, an annual information return that, with the exception of the names and addresses of major donors, is also publicly available. In addition, the IRS cannot begin any audit of a church unless it complies with a number of procedures.

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February 5, 2023 in Faith, Scholarship, Tax, Tax Scholarship | Permalink

The Top Five New Tax Papers

There is a bit of movement in this week's list of the Top 5 Recent Tax Paper Downloads, with a new paper debuting on the list at #1:

  1. SSRN Logo (2018) [629 Downloads]  The Declining Appeal of Inherited Retirement Accounts, by Richard L. Kaplan (Illinois; Google Scholar)
  2. [567 Downloads]  Pillar 2, Fiat, and the EU Unanimity Rule on Tax Matters, by Rita de la Feria (Leeds)
  3. [371 Downloads]  State Strategic Responses to the GloBE Rules, by Heydon Wardell-Burrus (Oxford) (reviewed by David Elkins (Netanya; (Google Scholar) here)
  4. [219 Downloads]  Textualism, The Role And Authoritativeness Of Tax Legislative History, And Stanley Surrey, by George Yin (Virginia) (reviewed by Sloan Speck (Colorado; Google Scholar) here)
  5. [106 Downloads]  Multistate Business Entities, by Andrew Appleby (Stetson; Google Scholar) & Tomer Stein (Stetson)

February 5, 2023 in Scholarship, Tax, Tax Scholarship, Top 5 Downloads | Permalink

Saturday, February 4, 2023

This Week's Ten Most Popular TaxProf Blog Posts

Top Ten 2Legal Education:

  1. Law.com, Columbia Law Professor's 'F--k You' To Student Question Caught On Video
  2. Daily Pennsylvanian, Facing Major Sanctions, Amy Wax Files Grievance Against Penn Law Dean Ted Ruger
  3. Bryce Clayton Newell (Oregon), 2022 Meta-Ranking Of Flagship U.S. Law Reviews
  4. Paul Caron (Dean, Pepperdine), 40 Law Schools Are Boycotting The U.S. News Rankings
  5. Princeton Review, Best 168 Law Schools (2023 Edition)
  6. Wall Street Journal, Rebellion Over U.S. News Rankings Seems Likely To Fail
  7. David Lat, A Controversial Speaker Returned To Yale Law—You Won't Believe What Happened Next
  8. Reuters, Using ChatGPT To Write Law School Exams, Bar Exams, And Strategic Plans
  9. CNN, Justice Kavanaugh Says U.S. News Law School Rankings Are 'Very Problematic'; Peer Reputation Is 'Kind Of A Joke'
  10. Los Angeles Times & Wall Street Journal, Two Perspectives On The Growing U.S. News Rankings Boycott

Tax:

  1. Wall Street Journal, Whose Name Goes First On Your Joint Tax Return? Probably Not The Woman's.
  2. Benjamin Alarie (Toronto), The Rise Of The Robotic Tax Analyst
  3. Bryan Camp (Texas Tech), Lesson From The Tax Court: Corporations In The Bardo
  4. Wall Street Journal Op-Ed, The Ninth Circuit Upholds A Wealth Tax
  5. Paul Caron (Dean, Pepperdine), The 50 Most Downloaded U.S. Tax Law Professors Of 2022
  6. Bryan Camp (Texas Tech), Lesson From The Tax Court: The Meaning Of 'Business Premises' In §119
  7. Paul Caron (Dean, Pepperdine), Tax Policy in the Biden Administration
  8. SSRN, The Top Five New Tax Papers
  9. Richard Kaplan (Illinois), The Declining Appeal Of Inherited Retirement Accounts
  10. New York Times, Black Americans Are Much More Likely To Face Tax Audits, Study Finds

Faith

  1. David French, Faith, Not Politics, Can Heal Lonely Hearts And A Nation

February 4, 2023 in About This Blog, Legal Education, Tax, Weekly Top 10 TaxProf Blog Posts | Permalink

Call For Papers: BI Norwegian Business School Workshop On Taxation, Citizenship, And Democracy

Call For Papers:

NBS 3We invite submissions from scholars in from law, politics, economics, and history to jointly discuss the interlinking between taxation, citizenship, and democracy. The workshop and publication strive for a multidisciplinary approach and thought-provoking ideas on the theme. In contrast to general legal scholarship, formal citizenship has not been of particular interest to tax scholarship. 

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February 4, 2023 in Conferences, Scholarship, Tax, Tax Conferences, Tax Scholarship | Permalink

Sam Bankman-Fried’s Parents Used Their Stanford Home To Bail Him Out

Home

Los Angeles Times, Sam Bankman-Fried’s Parents Used Their House to Bail Him Out. But They Rent the Land from Stanford:

Shortly before Christmas, FTX founder Samuel Bankman-Fried, indicted on federal charges of fraud and money laundering, was released on a $250-million bail bond that was secured by his parents’ Palo Alto-area home.

The size of the bail bond — 25 times bigger than Bernie Madoff’s — garnered considerable attention. The prosecution termed it “the largest ever pretrial bond.” What hasn’t drawn notice is the fact that Joseph Bankman and Barbara Fried, who are professors at Stanford Law School, are not typical homeowners. Their property is a faculty home on the Stanford campus itself. Stanford owns the land, and Bankman and Fried lease it.

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February 4, 2023 in Legal Ed News, Legal Education, Tax, Tax News | Permalink

Friday, February 3, 2023

Weekly SSRN Tax Article Review And Roundup: Layser Reviews Household Asymmetric Risk Of Foreclosure From Tax Assessment Limit

This week, Michelle Layser (San Diego) reviews Sebastien Bradley (Drexel; Google Scholar), Da Huang (Utah; Google Scholar), Nathan Seegert (Utah; Google Scholar), Household Asymmetric Risk of Foreclosure From Tax Assessment Limit (Jan. 21, 2023).

Michelle-layserDuring the pandemic, U.S. housing prices soared. In many cities, rising home prices can trigger higher assessed values for property taxation. But in California and 16 other states with assessment limits, laws limit how much appreciation cities can take into account for property tax purposes. That is good news for homeowners here in San Diego, where housing prices in March 2022 were up a whopping 29.9% from the previous year. Since California law caps the annual increase in assessed value at 2%, homeowners were protected from property tax spikes during that period.

Then came the fall. From April to September, prices in San Diego fell 5.2%, and they have continued to drop

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February 3, 2023 in Michelle Layser, Scholarship, Tax, Tax Scholarship, Weekly SSRN Roundup, Weekly Tax Roundup | Permalink

Tax Policy In The Biden Administration

Next Week’s Tax Workshops

Next Week's Tax Workshops - linkedinTuesday, February 7: Brian Galle (Georgetown; Google Scholar) will present Solving the Valuation Challenge: The ULTRA Method for Taxing Extreme Wealth (with David Gamage (Indiana-Maurer; Google Scholar) & Darien Shanske (UC-Davis; Google Scholar)) (reviewed by Young Ran (Christine) Kim (Cardozo; Google Scholar) here) as part of the Columbia Davis Polk & Wardwell Tax Policy Colloquium. If you would like to attend, please contact David Schizer

Tuesday, February 7: Allison Christians (McGill; Google Scholar) will present Global Tax Reform and Mythical International Law (with Tarcísio Diniz Magalhães (Antwerp; Google Scholar)) as part of the Georgetown Tax Law and Public Finance Workshop. If you would like to attend, please contact Emily Satterthwaite and Dayanand Manoli.

Tuesday, February 7: Sarah B. Lawsky (Northwestern; Google Scholar) will present Coding The Code: Catala And Computationally Accessible Tax Law, 75 S.M.U. L. Rev. 535 (2022), as part of the Duke Tax Policy Seminar. If you would like to attend, please contact Lawrence Zelenak

Wednesday, February 8: Jonathan Choi (Minnesota; Google Scholar) will present Subjective Costs of Taxation as part of the Northwestern Advanced Topics in Taxation Colloquium. If you would like to attend, please contact Gregg Polsky

Thursday, February 9: Katarzyna Anna Bilicka (Utah State; Google Scholar) will present as part of the UCLA Colloquium on Tax Policy and Public Finance. If you would like to attend, please contact Kirk Stark and Jason Oh.

Friday, February 10: Robert Schütze (Durham) will present Limits to the Union’s ‘Internal Market’ Competence(s): Constitutional Comparisons (from The Question of Competence in the European Union, Oxford University Press 2014) as part of the Oxford-Virginia Legal Dialogs. If you would like to attend, please contact Tsilly Dagan and Ruth Mason

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February 3, 2023 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Gondwe Presents The Life-Saving Potential Of Direct Public Financial Assistance To Survivors Of Intimate Partner Violence Today At Indiana

Nyamagaga Gondwe (Wisconsin; Google Scholar) presents Emergency Exit: The Life-Saving Potential of Direct Public Financial Assistance to Survivors of Intimate Partner Violence at Indiana today as part of its Tax Policy Colloquium hosted by Leandra Lederman:

Gondwe (2023)Intimate partner violence (IPV) is viewed primarily as a class of criminal behavior in federal policy. But the criminal justice system operates through a model of individual accountability, which means that solutions to IPV in American communities focus on education (proactive) and incarceration (reactive) as interventions.

However, public health studies on IPV suggest that the kinds of physical violence that result in arrest should not be seen as the central issue in addressing IPV. Instead, those studies suggest that physical violence should be thought of as a tool for one partner in a relationship to exert coercive power and control over the other partner. Put another way, physical violence is just one of multiple tools an abuser will use to control their partner. Other tools include emotional abuse, psychological abuse, and economic abuse.

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February 3, 2023 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Thursday, February 2, 2023

Londoño-Vélez Presents Behavioral Responses To Wealth Taxation: Evidence From Colombia Today At UCLA

Juliana Londoño-Vélez (UCLA; Google Scholar) presents Behavioral Responses to Wealth Taxation: Evidence from Colombia (with Javier Avila-Mahecha (DIAN; Google Scholar)) at UCLA today as part of its Colloquium on Tax Policy and Public Finance hosted by Kirk Stark and Jason Oh:

Juliana Londoño-VélezWe study behavioral responses to personal wealth taxes in Colombia using tax microdata (1993-2016) linked with the leaked Panama Papers, which shed light on offshoring to Colombia’s most relevant tax havens. We leverage variation from four reforms that modified the wealth tax design—tax duration and rate schedule—and introduced discrete jumps in the tax liability. Using bunching and difference-in-difference techniques, we obtain four key results. First, we find salient and compelling evidence that wealth tax hikes cause taxpayers to lower their reported wealth instantly—a reporting response that slashes, at most, one-fifth of tax revenue. Second, this response can persist even after the wealth tax no longer applies—i.e., “hysteresis”—reflecting taxpayers’ strategic avoidance behavior. Third, taxpayers misreport what authorities cannot cross-verify: they inflate (interpersonal) debt and underreport non-third-party-reported business assets. Lastly, the wealthiest taxpayers respond to wealth tax hikes by hiding assets in hard-to-track entities in tax havens.

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February 2, 2023 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Bargain Basement Progressivity? Constitutional Flat Taxes, Demogrants, And Progressive Income Taxation

Samuel D. Brunson (Loyola-Chicago; Google Scholar), Bargain Basement Progressivity? Constitutional Flat Taxes, Demogrants, and Progressive Income Taxation, 53 Loy. U. Chi. L.J. 683 (2022):

State and local governments raise revenue in three primary ways: property, sales, and income taxes. Property and sales taxes tend to impose a higher burden on low-income households. To ensure the fairness and progressivity of their overall revenue system, states need their income tax to be sufficiently progressive.

Four states face an apparently insurmountable barrier to progressive income taxation: their state constitutions mandate that any income tax must have a flat rate, applicable to all taxpayers. Without a constitutional amendment, a difficult process, they cannot adopt marginal rates that increase as income increases.

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February 2, 2023 in Scholarship, Tax, Tax Scholarship | Permalink

Kaplan: The Declining Appeal Of Inherited Retirement Accounts

Richard L. Kaplan (Illinois; Google Scholar), The Declining Appeal of Inherited Retirement Accounts, 42 Va. Tax Rev. __ (2023): 

Virginia Tax Review (2021)As retirement accounts proliferate and grow in value, American retirees are increasingly leaving substantial balances in these accounts to their adult children, siblings, and other relatives. Until recently, these new owners were able to withdraw funds from these tax-favored accounts over their lifetimes as their personal circumstances dictated. 

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February 2, 2023 in Scholarship, Tax, Tax Scholarship | Permalink

Wednesday, February 1, 2023

Clausing Presents Capital Taxation And Market Power Today At Toronto

Kimberly Clausing (UCLA; Google Scholar) presents Capital Taxation and Market Power at Toronto today as part of its James Hausman Tax Law and Policy Workshop Series hosted by Benjamin Alarie:

Kim-clausingIn recent decades, market power has increased substantially, as shown by measures that include industry concentration, mark-ups, and business profitability. While market power can generate benefits, it also raises vexing policy concerns, including the potential for adverse effects on labor markets, income inequality, and the dynamism of market competition. The concept of market power also has implications for how we conceptualize capital income, making it important to distinguish between normal and above-normal returns to capital. The tax system taxes both types of returns to capital, but often imperfectly and incompletely. 

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February 1, 2023 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Drexel Seeks To Hire An Entry Level Or Lateral Tax Prof

Drexel Law Faculty Posting:

Drexel kline school of lawThe Drexel University Thomas R. Kline School of Law invites applications from entry-level and pre-tenure lateral candidates for a full-time, tenure-track position teaching and researching in the area of tax law. Candidates must have a demonstrated record of significant scholarly achievement and a demonstrated commitment to excellent teaching. Because the law school is part of an R1 research university, tenure stream faculty are expected to engage in significant research and demonstrate educational, methodological, or practice backgrounds that add vitality to their work.

Applications are particularly encouraged from people of color, individuals with disabilities, people of all sexual and gender identities, and anyone whose background, experience or viewpoint will contribute to the diversity of the faculty.

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February 1, 2023 in Legal Education, Tax, Tax Prof Jobs | Permalink

Morse Presents APA Challenges To Old Tax Guidance And The Six-Year Default Limitations Period Today At Northwestern

Susie Morse (Texas; Google Scholar) presents Out of Time: APA Challenges to Old Tax Guidance and the Six-Year Default Limitations Period at Northwestern today as part of its Advanced Topics in Taxation Colloquium hosted by Gregg Polsky:

Susan morseOld regs should not be subject indefinitely to administrative procedure challenge. Instead, we should leave them alone. The consensus case law view that applies the six-year limitations period under 28 U.S.C. § 2401(a) with accrual at the time of promulgation, strikes the right balance between accuracy and repose. It correctly reflects that all of the elements of the administrative procedure claim are in place at the time of the alleged error, when the regulation was promulgated. When -- as in tax -- claims can be delayed through no fault of any plaintiff, the solution is to make appropriate administrative and equitable adjustments.

Conclusion
The puzzle presented by administrative procedure challenges to old regs amounts to a classic tension in law: the tradeoff between accuracy and repose. The puzzle is solved by the default six-year limitations period of 28 U.S.C. § 2401(a), which, under a case law consensus, begins to run when the final agency rulemaking action is taken for administrative procedure claims. Tax provides a good text case for this argument because it is a somewhat more difficulty case, due to the fact that most opportunities to raise administrative procedure claims arise not as facial challenges, bur rather in enforcement cases – whether deficiency or refund -- where the pre-litigation tax procedure can be lengthy. 

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February 1, 2023 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

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February 1, 2023 in About This Blog, Legal Education, Tax | Permalink

NY Times: Black Americans Are Much More Likely To Face Tax Audits, Study Finds

New York Times, Black Americans Are Much More Likely to Face Tax Audits, Study Finds:

AuditA new report documents systemic discrimination in how the I.R.S. selects taxpayers to be audited, with implications for a debate on the agency’s funding.

Black taxpayers are at least three times as likely to be audited by the Internal Revenue Service as other taxpayers, even after accounting for the differences in the types of returns each group is most likely to file, a team of economists has concluded in one of the most detailed studies yet on race and the nation’s tax system.

The findings do not suggest bias from individual tax enforcement agents, who do not know the race of the people they are auditing. They also do not suggest any valid reason for the I.R.S. to target Black Americans at such high rates; there is no evidence that group engages in more tax evasion than others.

Instead, the findings document discrimination in the computer algorithms the agency uses to determine who is selected for an audit, according to the study by economists from Stanford University [Hadi Elzayn, Daniel Ho], the University of Michigan [Evelyn Smith], the University of Chicago [Jacob Goldin, Arun Ramesh] and the Treasury Department [Robin Fisher, Thomas Hertz] [Measuring and Mitigating Racial Disparities in Tax Audits]:

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February 1, 2023 in Legal Education, Scholarship, Tax, Tax News, Tax Scholarship | Permalink

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February 1, 2023 in About This Blog, Legal Education, Tax | Permalink

Tuesday, January 31, 2023

Doran Presents Executive Compensation And Corporate Governance Today At Columbia

Michael Doran (Virginia; Google Scholar) presents Executive Compensation And Corporate Governance (reviewed by Sloan Speck (Colorado; Google Scholar) here) at Columbia today as part of its Davis Polk & Wardwell Tax Policy Colloquium hosted by David Schizer, Michael Love, Wojciech Kopczuk, and Alex Raskolnikov. 

Michael-doranOver the past four decades, Congress has repeatedly used tax policy to address executive-compensation practices, most notably through golden-parachute penalty taxes (enacted in 1984), a $1 million cap on compensation deductions (enacted in 1993 and expanded in 2017), and penalty taxes on nonqualified deferred compensation (enacted in 2004). The critical assumptions underlying these efforts are, first, that certain features of executive pay represent a failure of corporate governance and, second, that tax policy can correct that failure. The first assumption may or may not be correct; the theoretical and empirical arguments about it remain unresolved. But the second assumption is increasingly untenable. Penalty taxes have been largely ineffective in changing executive-compensation practices in the ways that legislators intend; in many instances, they actually exacerbate the features of executive pay that concern Congress in the first place. 

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January 31, 2023 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Goldin Presents Measurement And Mitigation Of Racial Disparities In Tax Audits Today At Georgetown

Jacob Goldin (Chicago; Google Scholar) presents Measurement and Mitigation of Racial Disparities in Tax Audits at Georgetown today as part of its Tax Law and Public Finance Workshop hosted by Emily Satterthwaite and Dayanand Manoli. 

Jacob-goldinGovernment agencies around the world use data-driven algorithms to allocate enforcement resources. Even when such algorithms are formally neutral with respect to protected characteristics like race, there is widespread concern that they can disproportionately burden vulnerable groups. We study differences in Internal Revenue Service (IRS) audit rates between Black and non-Black taxpayers. Because neither we nor the IRS observe taxpayer race, we propose and employ a novel partial identification strategy to estimate these differences. Despite race-blind audit selection, we find that Black taxpayers are audited at 2.9 to 4.7 times the rate of non-Black taxpayers. The main source of the disparity is differing audit rates by race among taxpayers claiming the Earned Income Tax Credit (EITC). Using counterfactual audit selection models for EITC claimants, we find that maximizing the detection of underreported taxes would not lead to Black taxpayers being audited at higher rates. In contrast, in these models, certain policies tend to increase the audit rate of Black taxpayers: (1) designing audit selection algorithms to minimize the “no-change rate”; (2) targeting erroneously claimed refundable credits rather than total under-reporting; and (3) limiting the share of more complex EITC returns that can be selected for audit. 

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January 31, 2023 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

WSJ: Whose Name Goes First On Your Joint Tax Return? Probably Not The Woman's.

Wall Street Journal, Who Goes First on Your Joint Tax Return? Probably Not the Woman.:

1040The IRS doesn’t care, so why do most people put the man first on the 1040? Even Kamala Harris goes second to the second gentleman.

When calculating federal income taxes, it makes absolutely no difference which spouse is listed first on a joint tax return. An opposite-sex couple can put the man’s name first, start with the woman’s name, list them in order of income, go alphabetically or begin with the spouse who woke up earlier last Tuesday. It literally doesn’t matter one cent.

But there are two lines for names on Form 1040. Somebody has to go first, and somebody has to go second. ... According to a first-of-its-kind assessment from researchers from the U.S. Treasury Department and the University of Michigan, men’s names were listed first on 88% of joint returns filed by opposite-sex married couples in 2020. That figure has trickled down a little since 1996, when nearly all returns—97%—listed the man’s name first.

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January 31, 2023 in Legal Education, Scholarship, Tax, Tax Scholarship | Permalink

Monday, January 30, 2023

Clausing Delivers Pugh Lecture Today At San Diego On The Future of International Tax Cooperation

Kimberly Clausing (UCLA; Google Scholar) delivers the annual Richard Crawford Pugh Lecture on Tax Law & Policy at San Diego today on The Future of International Tax Cooperation:

Kim-clausingKimberly Clausing holds the Eric M. Zolt Chair in Tax Law and Policy.

During the first part of the Biden Administration, Clausing was the Deputy Assistant Secretary for Tax Analysis in the US Department of the Treasury, serving as the lead economist in the Office of Tax Policy. Prior to coming to UCLA, Clausing was the Thormund A. Miller and Walter Mintz Professor of Economics at Reed College.

Her research studies the taxation of multinational firms, examining how government decisions and corporate behavior interplay in the global economy. She has published numerous articles in this area, and she is the author of Open: The Progressive Case for Free Trade, Immigration, and Global Capital (Harvard University Press, 2019).

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January 30, 2023 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

WSJ Op-Ed: The Ninth Circuit Upholds A Wealth Tax

Wall Street Journal Op-Ed:  The Ninth Circuit Upholds a Wealth Tax, by Christopher Cox (Former Rep. (1989-2005) & SEC Chair (2005-2009)) & Hank Adler (Chapman):

The 16th Amendment authorizes the federal government only to tax income, but some members of Congress would love to tax wealth as well. That is widely understood to be unconstitutional, but a recent ruling from the Ninth U.S. Circuit Court of Appeals upholding a form of wealth tax could upend that conventional wisdom if it is allowed to stand.

The case, Moore v. U.S., involves a unique provision of the 2017 Tax Cuts and Jobs Act, which imposed a one-time retroactive tax applicable to individual U.S. shareholders of foreign corporations. Under previous law, U.S. taxpayers had to pay taxes on overseas corporate income when that income was repatriated to the U.S. in the form of dividends. The 2017 act abolished the tax on overseas income, bringing the U.S. tax system into line with those of most other developed countries. But it also created a “mandatory repatriation tax” on the corporation’s undistributed income since 1986, payable not by the corporation but its shareholders.

The result was that without selling their stock or receiving a dividend, U.S. investors were deemed to have received “income” and suddenly became liable for the new tax. ...

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January 30, 2023 in New Cases, Tax, Tax News | Permalink

TaxProf Blog Weekend Roundup

Sunday, January 29, 2023

The Top Five New Tax Papers

There is a bit of movement in this week's list of the Top 5 Recent Tax Paper Downloads, with a new paper debuting on the list at #1:

  1. SSRN Logo (2018) [520 Downloads]  Pillar 2, Fiat, and the EU Unanimity Rule on Tax Matters, by Rita de la Feria (Leeds)
  2. [337 Downloads]  State Strategic Responses to the GloBE Rules, by Heydon Wardell-Burrus (Oxford) (reviewed by David Elkins (Netanya; (Google Scholar) here)
  3. [190 Downloads]  Textualism, The Role And Authoritativeness Of Tax Legislative History, And Stanley Surrey, by George Yin (Virginia) (reviewed by Sloan Speck (Colorado; Google Scholar) here)
  4. [102 Downloads]  Multistate Business Entities, by Andrew Appleby (Stetson; Google Scholar) & Tomer Stein (Stetson)
  5. [91 Downloads]  The (Uncertain) Future of Corporate Tax Shelters, by Joshua Blank (UC-Irvine; Google Scholar) & Ari Glogower (Northwestern; Google Scholar) (reviewed by Michelle Layser (San Diego; Google Scholar) here)

January 29, 2023 in Scholarship, Tax, Tax Scholarship, Top 5 Downloads | Permalink

Saturday, January 28, 2023

This Week's Ten Most Popular TaxProf Blog Posts

Top Ten 2Legal Education:

  1. Daily Pennsylvanian, Facing Major Sanctions, Amy Wax Files Grievance Against Penn Law Dean Ted Ruger
  2. NY Times Op-Ed, What If Diversity Trainings Are Doing More Harm Than Good?
  3. Jonathan Choi, Kristin Hickman, Amy Monahan & Daniel Schwarcz, ChatGPT Gets C+ Grade On Four Minnesota Law School Exams
  4. Christian Terwiesch, ChatGPT Gets B|B- Grade On Wharton MBA Exam
  5. Paul Caron (Dean, Pepperdine), The 50 Most Downloaded U.S. Law Professors Of 2022
  6. Law.com, Seattle Law School Responds To 'Incendiary Allegations' Of Discrimination Against Visiting Professor
  7. Paul Caron (Dean, Pepperdine), Updated U.S. News Law School Rankings Boycott Scorecard
  8. Bryce Clayton Newell (Oregon), 2022 Meta-Ranking Of Flagship U.S. Law Reviews
  9. Washington Free Beacon, Yale Law School Restricts Access To FedSoc Free Speech Panel Today To Avoid Repeat Of Last Year's Controversy
  10. Paul Caron (Dean, Pepperdine), Summary Of Changes To The Forthcoming U.S. News Law School Rankings

Tax:

  1. Bryan Camp (Texas Tech), Lesson From The Tax Court: The Meaning Of 'Business Premises' In §119
  2. Benjamin Alarie (Toronto), The Rise Of The Robotic Tax Analyst
  3. Paul Caron (Dean, Pepperdine), The 50 Most Downloaded U.S. Tax Law Professors Of 2022
  4. Bryan Camp (Texas Tech), Lesson From The Tax Court: The Unforeseen Circumstances Rule For §121 Home Sale Exclusions
  5. Wall Street Journal, The Myth Of American Income Inequality
  6. Paul Caron (Dean, Pepperdine), Tax Policy in the Biden Administration
  7. Lily Batchelder (Assistant Secretary for Tax Policy) & Greg Leiserson (Deputy Assistant Secretary for Tax Analysis), Disparities In The Benefits Of Tax Expenditures By Race And Ethnicity
  8. Christine Kim (Cardozo), Review Of Brian Galle (Georgetown), David Gamage (Indian) & Darien Shanske (UC Davis), Solving The Valuation Challenge: The ULTRA Method For Taxing Extreme Wealth
  9. Wall Street Journal, Why So Many Accountants Are Quitting
  10. David Weisbach, Three New Tax Papers On SSRN

Faith

  1. David French (The Dispatch), How A Great American Victory Altered American Faith

January 28, 2023 in About This Blog, Legal Education, Tax, Weekly Top 10 TaxProf Blog Posts | Permalink

Jan Brueckner And Blaine Saito Present Tax Papers At UCLA

Jan Brueckner (UC-Irvine; Google Scholar) presented Taxes and Telework: The Impacts of State Income Taxes in a Work-from-Home Economy (with David R. Agrawal (Kentucky; Google Scholar)) at UCLA this week as part of its Colloquium on Tax Policy and Public Finance hosted by Kirk Stark and Jason Oh:

Jan bruecknerThis paper studies the interstate effects of decentralized taxation and spending when individuals can work from home (WFH). Because WFH decouples population and employment, the analysis of tax impacts on state populations, employment levels, wages and housing prices is radically different than in the standard model where individuals live and work in the same state. Which state can tax teleworkers—leading to either source or residence taxation—matters for tax impacts under WFH. Our main findings, which pertain to the employment and wage effects of WFH, show that a shift from a non-WFH economy to WFH reduces employment and raises the wage in high-tax states, with larger effects under source taxation. Once WHF is established, an increase in a state’s tax rate either reduces employment further while raising the wage (source taxation) or leaves the labor market unaffected (residence taxation). We show that only the residence-taxation equilibrium is efficient.

Blaine Saito (Northeastern; Google Scholar) presented Public Tax Actors at UCLA last week:

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January 28, 2023 in Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Friday, January 27, 2023

Weekly SSRN Tax Article Review And Roundup: Roberts Reviews Trade, Leakage, And The Design Of A Carbon Tax By Weisbach et al.

This week, Tracey Roberts (Cumberland; Google Scholar) reviews a new work by David A. Weisbach (Chicago; Google Scholar), Samuel S. Kortum (Yale; Google Scholar), Yujia Yao (IMF) and Michael Wang (Northwestern), Trade, Leakage, and the Design of a Carbon Tax (Jan. 20, 2023):

Roberts (2020)

Communities throughout the world are facing extreme weather events, including heat waves, droughts, wildfires, severe storms events, tornados, hurricanes/ tropical cyclones, storm surges and floods. Important and unique ecosystems are suffering irreparable harm, including polar and high mountain areas, tropical systems, and coral reefs. The risks of large-scale climate shifts, such as deglaciation, ice sheet loss, rapid sea-level rise, ocean acidification, and changes in thermohaline circulation system are rising. We are currently witnessing secondary effects of these processes including biodiversity loss, fishery collapse, deforestation, conflicts over natural resources, global migration, and threats to economic, social and political stability. All countries have a stake in these outcomes. Ideally, all countries would coordinate their efforts to address climate change.

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January 27, 2023 in Scholarship, Tax, Tax Scholarship, Tracey Roberts, Weekly SSRN Roundup, Weekly Tax Roundup | Permalink

Tax Policy In The Biden Administration

Next Week’s Tax Workshops

Tax Workshops (Big)Monday, January 30: Kimberly Clausing (UCLA; Google Scholar) will present The Future of International Tax Cooperation as part of the annual Richard Crawford Pugh Lecture on Tax Law & Policy at San Diego. If you would like to attend, please RSVP here.

Tuesday, January 31: Jacob Goldin (Chicago; Google Scholar) will present Measurement and Mitigation of Racial Disparities in Tax Audits as part of the Georgetown Tax Law and Public Finance Workshop. If you would like to attend, please contact Emily Satterthwaite and Dayanand Manoli.

Tuesday, January 31: Michael Doran (Virginia; Google Scholar) will present Executive Compensation And Corporate Governance (reviewed by Sloan Speck (Colorado; Google Scholar) here) as part of the Columbia Davis Polk & Wardwell Tax Policy Colloquium. If you would like to attend, please contact David Schizer

Wednesday, February 1: Susan Morse (Texas; Google Scholar) will present Out of Time: APA Challenges to Old Tax Guidance and the Six-Year Default Limitations Period as part of the Northwestern Advanced Topics in Taxation Colloquium. If you would like to attend, please contact Gregg Polsky

Wednesday, February 1: Kimberly Clausing (UCLA; Google Scholar) will present Capital Taxation and Market Power as part of the Toronto James Hausman Tax Law and Policy Workshop Series. If you would like to attend, please contact Benjamin Alarie

Thursday, February 2: Juliana Londoño-Vélez (UCLA; Google Scholar) will present Behavioral Responses to Wealth Taxation: Evidence from Colombia (with Javier Avila-Mahecha (DIAN; Google Scholar)) as part of the UCLA Colloquium on Tax Policy and Public Finance. If you would like to attend, please contact Kirk Stark and Jason Oh.

Friday, February 3: Nyamagaga Gondwe (Wisconsin; Google Scholar) will present Emergency Exit: The Life-Saving Potential of Direct Public Financial Assistance to Survivors of Intimate Partner Violence as part of the Indiana Tax Policy Colloquium. If you would like to attend, please contact Leandra Lederman.

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January 27, 2023 in Colloquia, Legal Education, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Alarie: The Rise Of The Robotic Tax Analyst

Benjamin Alarie (Toronto; Google Scholar; CEO, Blue J Legal), The Rise of the Robotic Tax Analyst, 178 Tax Notes Fed. 57 (Jan. 2, 2023):

Open AI ChatGPTAs a bold taxwriting experiment, this installment of Blue J Predicts has been generated with the help of an AI assistant, OpenAI’s “Generative Pre-Trained Transformer 3” (GPT-3). GPT-3 is a large language model developed by OpenAI and backed by Microsoft. It is an inexhaustible generator of text and can write with accuracy in English about almost any topic. It has performed its duty, with my human companionship, indefatigably.

This isn’t the first time that a legal academic has invoked a robotic coauthor, and I expect that these kinds of tools will become increasingly commonplace. I expect that eventually they will be about as remarkable as using a spelling or grammar checker. At this moment, however, before the rise of the robotic tax analyst, using GPT-3 to help write this article is likely to raise some eyebrows.

In October 2021 I produced a peer-reviewed law review article with my academic colleague, the late (and great) tax law professor Arthur Cockfield of Queen’s University. The article was notable for being the first peer-reviewed law review article to extensively leverage GPT-3 in its production. In that article — after a short introduction penned by us, Benjamin Alarie and Cockfield — we gave GPT-3 control of the metaphorical keyboard and allowed it to produce its textual analysis uninterrupted and unedited.

The results were mixed and intriguing, and certainly pointed in the direction of future possibility. In our view, GPT-3 had potential. In the article, we speculated on the future of AI in legal scholarship and asked provocatively in the title, “Will Machines Replace Us?” Cockfield and I concluded that “although GPT-3 is not up to the task of replacing law review authors currently, we are far less confident that GPT-5 or GPT-100 might not be up to the task in future.”

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January 27, 2023 in Legal Education, Scholarship, Tax, Tax Analysts, Tax Scholarship | Permalink

Thursday, January 26, 2023

Mason Presents Bibb Balancing Today At The OMG Transatlantic Tax Talks

Ruth Mason (Virginia; Google Scholar) presents Bibb Balancing, 91 Geo. Wash. L. Rev. __ (2023) (with Michael S. Knoll (Penn)) today as part of the OMG Transatlantic Tax Talks Series (OMG = Oxford-Michigan-MIT-Munich-Georgetown):

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

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January 26, 2023 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Brauner Presents Taxation Of Information And The Data Revolution Today At Florida

1-26-23 Brooks and Brauner revised
Yariv Brauner
(Florida; Google Scholar) presents Taxation of Information and the Data Revolution at Florida today as part of a celebration of his academic contribution and appointment to the Hugh Culverhouse Eminent Scholar Chair in Taxation hosted by Charlene Luke:

The digital revolution has put enormous demands on the law due to the huge, quick-moving social changes it has created. The reason tax law hasn't advanced as much as other legal fields in responding to these demands is likely because it combines the problem of taxing information with the more general issue of taxing intangibles. This essay makes the case that information is distinct and necessitates a distinctive policy and analysis. It initially argues that information cannot be taxed under the current international tax rules. Therefore, reform is required, and the paper demonstrates why it is vital right now. Finally, the article makes the case that reform is also feasible by outlining three potential reform routes and contrasting their benefits and drawbacks.

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January 26, 2023 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Christians & Shay: The Consistency Of Pillar 2 UTPR With U.S. Bilateral Tax Treaties

Allison Christians (McGill; Google Scholar) & Stephen E. Shay (Boston College; Google Scholar), The Consistency of Pillar 2 UTPR With U.S. Bilateral Tax Treaties, 178 Tax Notes Fed. 499 (Jan. 23, 2023):

Tax Notes Federal (2022)In this report, Christians and Shay explain why the pillar 2 undertaxed profits rule would be consistent with U.S. bilateral income tax treaties, and they explore some of the reasons underlying claims that the UTPR is incompatible with those treaties.

Conclusion
The UTPR is not a tax on income, nor is it likely to be characterized as in lieu of a tax on income. Instead, it is a cash tax expense that can be collected in any manner and most probably is in the nature of an excise tax. Contrary to the claims of GOP lawmakers and other commentators, the better view is that the UTPR is not covered by existing tax treaties at all, so it cannot be said to conflict with their terms.

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January 26, 2023 in Scholarship, Tax, Tax Analysts, Tax Scholarship | Permalink

Wednesday, January 25, 2023

U.S. Treasury Department: Disparities In The Benefits Of Tax Expenditures By Race And Ethnicity

Lily Batchelder (Assistant Secretary for Tax Policy) & Greg Leiserson (Deputy Assistant Secretary for Tax Analysis), Disparities in the Benefits of Tax Expenditures by Race and Ethnicity:

This analysis, the subject of a new Office of Tax Analysis (OTA) working paper [Tax Expenditures by Race and Hispanic
Ethnicity: An Application of the U.S. Treasury Department's Race and Hispanic Ethnicity Imputation], finds disparities in the benefits of some tax expenditures among White, Black, and Hispanic families. Tax expenditures are provisions of federal law that allow a special exclusion, exemption, or deduction from gross income or which provide a special credit, a preferential rate of tax, or a deferral of tax liability for certain activities. Examples include the preferential rates for capital gains, the home mortgage interest deduction, and the Earned Income Tax Credit. OTA working papers are works in progress intended to generate discussion and critical comment.

Researchers frequently analyze the distributional effects of tax policies across an array of demographic information, including income, family structure, age, and geography. However, it is challenging to perform such analysis by race and ethnicity because there is no single data source with both tax and race/ethnicity information. Tax liability does not depend on race or ethnicity, and this information is not collected on tax returns.

To overcome this challenge, Treasury researchers have developed a method to impute race and ethnicity in tax data. Under this method, researchers estimate the probability that the primary filer—the person listed first on the tax return—is Asian, Black, Hispanic, Native American, White, or multiple race based on other information available in the tax data. These probabilities are then used as weights to construct estimates for different groups. ...

The new working paper on the distribution of tax expenditures, by Julie-Anne Cronin, Portia DeFilippes, and Robin Fisher of OTA, examines eight of the largest individual income tax expenditures. It estimates the distribution of benefits for certain racial and ethnic groups first on an overall per capita basis, and then within income deciles (tenths of the income distribution).

On an overall per capita basis, the paper finds that the preferential rates for capital gains and dividends, deduction for pass-through income, charitable deduction, home mortgage interest deduction, and deduction for employer-provided health insurance disproportionately benefit White families. In contrast, Black and Hispanic families, who make up a disproportionate share of low-wage workers, disproportionately benefit from the Earned Income Tax Credit, which is designed to help low- to moderate-income workers and their families. Hispanic families, who have comparatively low rates of employer-sponsored health insurance, also disproportionately benefit from the Premium Tax Credit, which provides assistance for the purchase of health insurance through the Marketplaces. Finally, Hispanic families disproportionately benefit from the Child Tax Credit. The current analysis focuses on Black, White, and Hispanic people due to high levels of uncertainty in estimates for other groups.

Treasury 1

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January 25, 2023 in IRS News, Tax, Tax News, Tax Scholarship | Permalink

UC-San Francisco Seeks To Hire A Clinical Tax Professor

UC-San Francisco Law Faculty Posting:

Uc sf lawUniversity of California, College of the Law, San Francisco (“UC Law SF,” formerly, “UC Hastings Law”), located in San Francisco, California, has one of the top-ranked clinical programs in the country, and currently operates a Low-Income Taxpayer Clinic (LITC) in which students take lead responsibility to directly represent low-income taxpayers with tax controversies with the Internal Revenue Service (IRS) and/or the California Franchise Tax Board (FTB).

UC Law SF is looking to hire a full-time Long-Term Contract Faculty member (“Associate Clinical Professor”) to serve as a member of the Faculty and Clinic Director of the LITC. The faculty position for which UC Law SF is hiring is partly funded by UC Law SF but contingent on continued receipt of additional funds via an IRS grant.

In addition to supervising students in their legal representation, LITC Clinic Director duties also include managing other tax pro bono projects at UC Law SF, ensuring compliance and renewal of the IRS grant, and active participation in tax-related programming of the UC Law SF Center on Tax Law. ...

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January 25, 2023 in Legal Education, Tax, Tax Prof Jobs | Permalink

The 50 Most Downloaded U.S. Tax Law Professors Of 2022

Ssrn

Rank Name School Downloads
1 Reuven Avi-Yonah Michigan 11,679
2 Daniel Hemel NYU 4,980
3 Bridget Crawford Pace 4,235
4 Robert Sitkoff Harvard 3,074
5 Zachary Liscow Yale 2,780
6 Dhammika Dharmapala Chicago 2,745
7 Ruth Mason Virginia 2,693
8 Richard Ainsworth Boston University 2,674
9 Darien Shanske UC-Davis 2,617
10 David Gamage Indiana 2,595
11 Louis Kaplow Harvard 2,535
12 Kyle Rozema Washington University 2,498
13 Kimberley Clausing UCLA 2,270
14 Michael Doran Virginia 2,154
15 Lily Batchelder NYU 2,069
16 Brad Borden Brooklyn 1,991
17 Young Ran (Christine) Kim Cardozo 1,917
18 Dan Shaviro NYU 1,849
19 David Kamin NYU 1,726
20 Victoria Haneman Creighton 1,687
21 Margaret Ryznar Indiana-Indianapolis 1,557
22 Edward McCaffery USC 1,454
23 Chris Sanchirico Penn 1,432
24 Francine Lipman UNLV 1,369
25 Michael Simkovic USC 1,364
26 Paul Caron Pepperdine 1,312
27 Victor Fleischer UC-Irvine 1,305
28 Jeremy Bearer-Friend George Washington 1,304
29 Omri Marian UC-Irvine 1,296
30 Ari Glogower Ohio State 1,291
31 Brian Galle Georgetown 1,230
32 Hugh Ault Boston College 1,227
33 David Weisbach Chicago 1,194
34 Kristin Hickman Minnesota 1,146
35 Nancy McLaughlin Utah 1,130

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January 25, 2023 in Legal Education, Scholarship, Tax, Tax Prof Rankings, Tax Scholarship | Permalink

Tuesday, January 24, 2023

Parsons Presents The Shifting Economic Allegiance Of Capital Gains Today At Columbia

Amanda Parsons (Colorado; Google Scholar) presents The Shifting Economic Allegiance Of Capital Gains, 26 Fla. Tax Rev. ___ (2023), at Columbia today as part of its Davis Polk & Wardwell Tax Policy Colloquium hosted by Wojciech Kopczuk, Michael Love,  Alex Raskolnikov, and David Schizer:

Amanda parsonsTechnological advances and the digitalization of the global economy have created an economic environment beyond the imagination of the original designers of the international tax system. Much scholarly attention has been paid to the question of how these economic transformations should affect which country is able to tax a multinational company’s income. But which country should be able to tax capital gains income from the sale of that company’s shares is an important and overlooked question.

This Article answers this question. It concludes that taxing authority over capital gains income must be reallocated to the countries in which companies conduct business. In our modern, digitalized economy, this reallocation is necessary to align international sourcing rules with international tax law’s underlying principles.

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January 24, 2023 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

Sarkar Presents Capital Migration Today At UC-San Francisco

Shayak Sarkar (UC-Davis; Google Scholar) presents Capital Migration at UC-San Francisco today as part of its Center on Tax Law' Tax Policy Colloquium hosted by Heather Field and Manoj Viswanathan:

Shayak sarkarMoney moves, while migrants linger. If humans face borders, capital and corporations are purportedly “borderless.” Yet what precisely renders capital and reliant businesses foreign, the designation underlying migration?

This Article unpacks capital migration and the responses it elicits. It does so by parsing capital and corporate migration’s intersection with human migration as well as identifying conceptual parallels. As a first parallel, the citizenship binary is insufficient to understand both human and capital migration, as international tax law illustrates. Second, on the recurrent question of federalism, states, alongside the federal government, possess tax authority over foreign capital and corporations. As I argue, just as immigration tax federalism permits nonuniformity, so might capital and corporate tax federalism under the Foreign Commerce Clause.

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January 24, 2023 in Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink

ChatGPT Gets C+ Grade On Four Minnesota Law School Exams (C- In Tax)

Following up on this morning's post, ChatGPT Gets B|B- Grade On Wharton MBA Exam:  Jonathan Choi (Minnesota; Google Scholar), Kristin Hickman (Minnesota; Google Scholar), Amy Monahan (Minnesota) & Daniel Schwarcz (Minnesota; Google Scholar), ChatGPT Goes to Law School:

Open AI ChatGPTHow well can AI models write law school exams without human assistance? To find out, we used the widely publicized AI model ChatGPT to generate answers on four real exams at the University of Minnesota Law School. We then blindly graded these exams as part of our regular grading processes for each class. Over 95 multiple choice questions and 12 essay questions, ChatGPT performed on average at the level of a C+ student, achieving a low but passing grade in all four courses. After detailing these results, we discuss their implications for legal education and lawyering. We also provide example prompts and advice on how ChatGPT can assist with legal writing.

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January 24, 2023 in Legal Ed News, Legal Ed Scholarship, Legal Education, Tax, Tax News | Permalink