Paul L. Caron
Dean





Saturday, April 10, 2021

This Week's Ten Most Popular TaxProf Blog Posts

Dorothy Brown: College Exacerbates The Racial Wealth Gap

Washington Post op-ed:  College Isn’t the Solution for the Racial Wealth Gap. It’s Part of the Problem, by Dorothy Brown (Emory):

Higher education is supposedly the ticket to a better future, and it usually translates to a larger salary regardless of race, according to a 2011 study from the Georgetown University Center on Education and the Workforce. But college does not pay off for Black students the way it does for White students. At virtually every step — from taking out loans to facing a racist job market to dealing with repayment plans — Black students and their families have disadvantages. As a result, the Black-White wealth gap widens.

Black college graduates have higher debt loads, on average, than White college graduates. Black debt rises over time, White debt diminishes. Upon graduation, the average Black graduate owes $23,400 vs. the White graduate’s $16,000, according to the Brookings Institution. Four years later, the gap triples. Even at the top end of the income spec­trum, Black students have higher student loans ($4,643, on average) than White students ($3,835), and Black parents take out larger loans to help pay for college ($3,303 vs. $1,903).

What accounts for that difference? First, it’s the schools students attend. Wealthier colleges, which can afford to award financial aid and scholarships, disproportionately admit White students: White students are almost five times as likely to go to a selective university than Black students, even when controlling for income. Meanwhile, a higher share (12 percent) of Black students attend for-profit colleges than very selective universities (9 percent), because online and part-time features allow them to work while getting their degrees. These schools usually do not award any financial aid and are in effect extremely expensive, given their low graduation rates

Another factor is the wealth disparity between Black and White families. Black college students are less likely than their White peers to receive tax-free gifts from their parents and grandparents. ...

Continue reading

April 10, 2021 in Tax, Tax News | Permalink

Friday, April 9, 2021

Weekly SSRN Tax Article Review And Roundup: Eyal-Cohen Reviews Measuring And Valuing Wealth For Federal Wealth Tax Reform

This week, Mirit Eyal-Cohen (Alabama; Google Scholar) reviews David Gamage (Indiana; Google Scholar), Ari Glogower (Ohio State; Google Scholar) and Kitty Richards (Independent), How to Measure and Value Wealth for a Federal Wealth Tax Reform, Roosevelt Inst. Issue Brief (2021):   

Mirit-Cohen (2018)

One of the most debated topic in the last decade is wealth inequality and the unequal distribution of assets among individuals in the U.S.. Wealth distribution becomes even more skewed when race and ethnicity are involved with (not surprisingly) a staggering racial wealth gap.

Recent proposals to reduce the wealth gap (such as those proposed by Senators Warren and Sanders) encountered the hurdle that fails to succeed any tax reform—overcoming valuation issues.  Our current income tax system is cash realization–based and thus mostly takes a deferral-based approach to valuation of wealth accumulation, which makes valuation of wealth rather challenging. If we truly want to make a progress on narrowing the income inequality gap and tax income and wealth of the highest income taxpayers in our society, we have to find efficient ways to overcome assessment difficulties, namely how to measure and value taxpayers’ wealth. This report—published under the auspices of the Roosevelt Institute, a think tank of experts on the American economy—is a practical attempt by Gamage, Glogower, and Richards to do just that.  

Continue reading

April 9, 2021 in Scholarship, Tax, Tax Scholarship, Weekly SSRN Roundup, Weekly Tax Roundup | Permalink

Tax Policy In The Biden Administration

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.

Continue reading

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) 

Continue reading

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

Gender Equality, Taxation, And The COVID-19 Recovery

Yvette Lind (Copenhagen Business School; Google Scholar) & Åsa Gunnarsson (University of Umea), Gender Equality, Taxation, and the COVID-19 Recovery: A Study of Sweden and Denmark, 101 Tax Notes Int'l 581 (Feb. 1, 2021):

Tax Notes Int'lThe impact of COVID-19 is at the moment undeniably extensive as the world faces the most severe recession in nearly a century. Economic emergency programs, the design and implementation of COVID-19 tax policies and subsequent state aid actions have been launched in many countries to mitigate the impact of the pandemic. Women have, in comparison to men, also reduced their hours of work to care for, and home school, children. Aggregating already existing problems associated to both the loss of paid work hours and to the gender-segregated allocation of unpaid hours for household work and caring. The sudden closure of childcare programs and schools in many countries has had a crucial impact for women whose labour force participation depends on these institutions. The possibility of several waves of the virus that could trigger additional childcare closures make it extremely likely that married women (in general when considering the current norm of heterosexual couples) in particular may be slower to re-enter the work force in the hope of protecting the (single-breadwinner) family income.

The ambition with this paper is to tackle the complexity of both new and old societal challenges for the realization of gender equality obligations through tax provisions and tax policies at the national level.

Continue reading

April 9, 2021 in Legal Education, Scholarship, Tax, Tax Analysts, Tax Scholarship | Permalink

Thursday, April 8, 2021

Biden's Made In America Tax Plan

Cain: The Unfairness Of The Marriage Tax Penalty

Pat Cain (Santa Clara), The Unfairness of the Marriage Tax Penalty:

Wisconsin Republican U.S. Representative Glenn Grothman recently criticized the Covid-19 relief bill by pointing to the marriage penalty that is embedded in the earned income tax credit, the EITC. He then inexplicably used the penalty in the Democratic-backed bill to take a swipe at the Black Lives Matter movement, claiming they did not honor the traditional married family. Representative Grothman is just wrong about the BLM point. The group seeks to value all families, and there are many in all of our communities that do not fit the traditional married family model. On the other hand Representative Grothman is absolutely correct about the problem of the marriage penalty in our tax code.

Still, it doesn’t seem fair to lay the blame at the feet of the Democrats or attribute the problem to the Covid-19 relief bill, as though that is the law that created the problem. The marriage penalty has been lurking throughout the Internal Revenue Code for some time. Both Democrat and Republican administrations have contributed to the problem. Both parties have, at times, taken a stab at reducing the problem. But so far no one has succeeded. ...

How to Remedy the Marriage Penalty Problem

Continue reading

April 8, 2021 in Tax | Permalink

AI For Tax Analogies And Code Renumbering

Andrew Blair-Stanek (Maryland; Google Scholar) & Benjamin Van Durme (Johns Hopkins; Google Scholar), AI for Tax Analogies and Code Renumbering, 170 Tax Notes Fed. 1997 (Mar. 29, 2021):

Tax Notes Federal (2020)Blair-Stanek and Van Durme present an artificial intelligence tool that can complete analogies in tax law and provide evidence-based guidance on how Congress can renumber IRC sections in future tax reform efforts.

Conclusion
We have described two limited applications of AI in tax law, but we and other researchers are pursuing many others. New models with millions of mathematical neurons approximating the neurons in the human brain promise much more power than the model we used here. Moreover, all AI models rely on data; having more data and higher-quality data is always better. The full Tax Analysts Federal Research Library, just released under an agreement between Tax Analysts and Deloitte Tax LLP, contains extensive, very high-quality tax law text. This combination of more powerful models with more and better data is reason for optimism that AI will result in many more tools to aid tax practitioners and policymakers.

Continue reading

April 8, 2021 in Scholarship, Tax, Tax Analysts, Tax Scholarship | Permalink

Dorothy Brown: ‘The System For Wealth Building Is Designed To Build White Wealth’

New York Magazine, Dorothy Brown: ‘The System for Wealth Building Is Designed to Build White Wealth’:

Whiteness of WealthHow often do you think about your taxes? Once a year, maybe, when it’s time to file, or when you got married, or when you bought a home? If you’re white, taxes are often an inconvenience at worst. The tax code may even benefit you when you get married and start filing a joint return. If you’re Black, says Emory University law professor Dorothy Brown, your story is likely different: The joint return is less likely to reward a marriage with a tax cut when two spouses of equal income work outside the home, something that’s more likely to be true of Black couples. That’s not an accident, she argues in her new book, The Whiteness of Wealth. Well-off, mostly white Americans litigated and lobbied their way into making sure the tax code protects their wealth. Black Americans, who typically lack family wealth, were left out and deliberately held back. They can’t catch up, and that’s the point. The system is working as designed for whom it was designed: white Americans.

In The Whiteness of Wealth, Brown brings the American tax code to life. Hands shape it and wield it like a shield in the defense of the most powerful among us. The tax code tells a story about American priorities. The news isn’t good, Brown writes, but there’s still time to change the future.

Continue reading

April 8, 2021 in Book Club, Legal Education, Scholarship, Tax, Tax News, Tax Scholarship | 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.

Continue reading

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.

Continue reading

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

Appleby: Subnational Digital Services Taxation

Andrew D. Appleby (Stetson), Subnational Digital Services Taxation, 81 Md. L. Rev. ___ (2021):

Existing tax regimes fail to tax digital services appropriately. Digital services based on extracting and monetizing user data—most notably digital advertising—are particularly problematic because tax regimes do not adequately account for the enormous value derived from user data.

Internationally, taxing jurisdictions have recognized these failures and commenced a controversial push toward new digital services taxes or DSTs. Subnational taxing jurisdictions in the United States face the same issues and are searching for solutions.

Continue reading

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

Shanske: Agglomeration And State Personal Income Taxes

Darien Shanske (UC-Davis), Agglomeration and State Personal Income Taxes: Time to Apportion (With Critical Commentary on New Hampshire’s Complaint Against Massachusetts), 48 Fordham Urb. L.J. ___ (2021):

The Supreme Court is currently considering granting certiorari in New Hampshire v. Massachusetts. At issue is the State of New Hampshire’s (and its amici’s) claim that Massachusetts’s insistence on applying its income tax to residents of New Hampshire, who once commuted to work in Massachusetts but now work for the same businesses remotely in New Hampshire because of the COVID-19 pandemic, violates the Due Process Clause and dormant Commerce Clause. The claim is simple and seductive: if these New Hampshire residents barely leave their own homes, much less their state, how can it accord with due process for Massachusetts to tax them?

In this short colloquium essay, I make the following points about the merits of this case. (I think the case should be dismissed on procedural grounds, but believe the merits are important and will eventually be reached on a similar fact pattern.)

Continue reading

April 7, 2021 in Scholarship, Tax, Tax Scholarship | 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.  

Continue reading

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. 

Continue reading

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

Foster & Lawson: Executive Tax Discretion

William E. Foster (Arkansas; Google Scholar) & Andrew Lawson (Arkansas; Google Scholar), Executive Tax Discretion, 73 Ala. L. Rev. ___ (2021):

Increasingly, Congress allows the president to determine tax consequences with the stroke of a pen. For example, if the president declares a major disaster under the Stafford Act, affected taxpayers are allowed a deduction for net personal casualty losses. This Article surveys instances of executive tax discretion scattered throughout the code, with a focus on disaster declarations.

Continue reading

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

Should My Lawyer Do My Taxes? Income Tax Preparation, Accounting Services, And The Scope Of The Attorney-Client Privilege

Nicholas Evan Hakun (Temple & Georgetown), Should My Lawyer Do My Taxes? Income Tax Preparation, Accounting Services, and the Scope of the Attorney-Client Privilege, 72 Tax Law. 639 (2019): 

This Comment seeks to explore the contours of the attorney-client privilege and its intersection with the tax laws. The courts conflict and do not provide a clear answer. Congress's attempts to legislate a solution fall short. This leaves the taxpayer at the whim of the IRS or other prosecuting authority.

Continue reading

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

Eleven Tax Profs File Amicus Briefs In Supreme Court Supporting Disclosure Of Donors To Nonprofits

Americans for Prosperity Foundation v. Rodriquez (No. 19-251), decision below:  903 F.3d 1000 (9th Cir. 2018)

Question Presented
Whether the exacting scrutiny this Court has long required of laws that abridge the freedoms of speech and association outside the election context—as called for by NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958), and its progeny—can be satisfied absent any showing that a blanket governmental demand for the individual identities and addresses of major donors to private nonprofit organizations is narrowly tailored to an asserted law-enforcement interest.

Brief of the California Association of Nonprofits as Amicus Curiae in Support of Respondent (Daniel Hemel (Chicago) & Anna-Rose Mathieson (California Appellate Law Group, San Francisco)):

Continue reading

April 6, 2021 in Legal Education, New Cases, Tax | Permalink

Monday, April 5, 2021

Kim: Blockchain Initiatives For Tax Administration

Young Ran (Christine) Kim (Utah; Google Scholar), Blockchain Initiatives for Tax Administration, 69 UCLA L. Rev. ___ (2021):

A thriving body of literature discusses various legal issues related to blockchain, but often it mixes the discussion about blockchain with cryptocurrency. However, blockchain is not the same as cryptocurrency. Defined as a decentralized, immutable, peer-to-leer ledger technology, blockchain is a newly emerging data management system. The private sector—including the financial industry and supply chains—and the public sector—property records, public health, voting, and compliance, have all begun to utilize blockchain. Since more data is processed remotely, and thus digitally, the evolution of blockchain is gaining stronger momentum.

While scholarship on blockchain is growing, none of the scholarship has considered the impact of blockchain on the tax sector. This Article extends the study of blockchain to tax administration, evaluates the feasibility of incorporating blockchain within existing tax administrations, and provides policymakers with criteria to consider and some recommended designs for blockchain.

Continue reading

April 5, 2021 in Scholarship, Tax, Tax Scholarship | Permalink

Kim: Digital Services Tax — A Cross-Border Variation Of The Consumption Tax Debate

Young Ran (Christine) Kim (Utah; Google Scholar), Digital Services Tax: A Cross-Border Variation of the Consumption Tax Debate, 72 Ala. L. Rev. 131 (2020):

The rise of highly digitalized businesses, such as Google and Amazon, has strained the traditional income tax rules on nexus and profit allocation. Traditionally, profit is allocated to market countries where consumers are located only if the business has physical presence. However, in the digital economy, profits can be easily generated in market countries without a physical presence, resulting in tax revenue loss for market countries. In response, market countries have started imposing a new tax, called the digital services tax (“DST”), on certain digital business models, which has ignited heated debate across the globe. Supporters defend the DST, designed as a turnover style consumption tax, as an effective measure to make up the foregone revenue in the digital economy because it is not bound by the traditional rules of income taxation. Opponents criticize DST as “ring-fencing” or segregating certain digital business models, discriminating against American tech giants, and arguably imposing a disguised income tax. The debate has been focused on the imminent impact, such as who is the immediate winner and loser, but the discussion lacks efforts to understand the fundamentals of DST, especially with regard to the consumption tax aspect.

This Article is the first academic paper that highlights DST as a consumption tax and provides normative implications for policy makers deliberating a DST.

Continue reading

April 5, 2021 in Scholarship, Tax, Tax Scholarship | Permalink

Lesson From The Tax Court: Passport Revocation Act Differs From Codification

Camp (2017)Justice John Marshall is typically credited as creating the idea that the judicial branch has the power to declare Acts of Congress unconstitutional.  See Marbury v. Madison, 5 U.S. 137 (1803).  But courts exercise that power cautiously, refusing to confront allegations of unconstitutionality if they can plausibly dodge the issue. See generally, Gunnar P. Seaquist, The Constitutional Avoidance Canon of Statutory Construction, The Advocate 25 (Summer 2015).

Robert Rowen v. Commissioner, 156 T.C. No. 8 (Mar. 30, 2021) (Judge Toro), shows us the caution of the Tax Court.  There, the taxpayer invited the Court to declare the passport revocation process, created by Congress in the FAST Act of 2015, unconstitutional.  The Court unanimously dodged the invitation, based on the taxpayer’s failure to distinguish between an Act of Congress and the codification of an Act.  The Tax Court viewed the only part of the FAST Act at issue to be the part codified in the Internal Revenue Code in §7345.  It held that since §7345 does not, on its own, trigger any deprivation of property or liberty, this was not the proper case for the Court to rule on the constitutionality of the entire passport revocation process.  I invite readers to form their own conclusions about the plausibility of the Court’s dodge.  Details below the fold.

Continue reading

April 5, 2021 in Bryan Camp, New Cases, Scholarship, Tax, Tax Practice And Procedure, Tax Scholarship | Permalink | Comments (0)

Drumbl: #Audited — Social Media And Tax Enforcement

Michelle Lyon Drumbl (Interim Dean, Washington & Lee), #Audited: Social Media and Tax Enforcement, 100 Or. L. Rev. ___ (2021):

AuditedWith limited resources and a diminished budget, it is not surprising that the Internal Revenue Service would seek new tools to maximize its enforcement efficiency. Automation and technology provide new opportunities for the IRS, and in turn, present new concerns for taxpayers. In December 2018, the IRS signaled its interest in a tool to access publicly available social media profiles of individuals in order to “expedite IRS case resolution for existing compliance cases.” This has important implications for taxpayer privacy.

Continue reading

April 5, 2021 in Scholarship, Tax, Tax Scholarship | Permalink

TaxProf Blog Weekend Roundup

Sunday, April 4, 2021

The Top Five New Tax Papers

This week's list of the Top 5 Recent Tax Paper Downloads is the same as last week's list. The #1 paper is #244 among 15,878 tax papers in all-time downloads:

  1. SSRN Logo (2018) [1,382 Downloads]  The Impact of Public Perceptions on General Consumption Taxes, by Rita de la Feria (University of Leeds; Google Scholar) & Michael Walpole (University of New South Wales; Google Scholar)
  2. [541 Downloads]  Tax Complexity and Transfer Pricing Blueprints, Guidelines, and Manuals, by Jean-Edouard Colliard (HEC Paris; Google Scholar), Lorraine Eden (Texas A&M; Google Scholar) & Co-Pierre Georg (University of Cape Town; Google Scholar)
  3. [325 Downloads]  Inter-Nation Equity Revisited, by Ivan Ozai (McGill; Google Scholar) (reviewed by David Elkins (Netanya) here)
  4. [299 Downloads]  A Wealth of Sovereign Choices: Tax Implications of McGirt v. Oklahoma and the Promise of Tribal Economic Development, by Stacy Leeds (Arizona State; Google Scholar) & Lonnie Beard (Arkansas)
  5. [237 Downloads]  Coca-Cola: A Decisive IRS Transfer Pricing Victory, At Last, by Reuven Avi-Yonah (Michigan; Google Scholar) & Gianluca Mazzoni (S.J.D. (International Tax) 2020, Michigan)

April 4, 2021 in Scholarship, Tax, Tax Scholarship, Top 5 Downloads | Permalink

Saturday, April 3, 2021

This Week's Ten Most Popular TaxProf Blog Posts

NY Times: An Accidental Disclosure Exposes A $1 Billion IRS Tax Fight With Bristol Myers

New York Times, An Accidental Disclosure Exposes a $1 Billion Tax Fight With Bristol Myers:

BMSThe I.R.S. believes the American drugmaker used an abusive offshore scheme to avoid federal taxes.

Almost nine years ago, Bristol Myers Squibb filed paperwork in Ireland to create a new offshore subsidiary. By moving Bristol Myers’s profits through the subsidiary, the American drugmaker could substantially reduce its U.S. tax bill.

Years later, the Internal Revenue Service got wind of the arrangement, which it condemned as an “abusive” tax shelter. The move by Bristol Myers, the I.R.S. concluded, would cheat the United States out of about $1.4 billion in taxes.

That is a lot of money, even for a large company like Bristol Myers. But the dispute remained secret. The company, which denies wrongdoing, didn’t tell its investors that the U.S. government was claiming more than $1 billion in unpaid taxes. The I.R.S. didn’t make any public filings about it.

And then, ever so briefly last spring, the dispute became public. It was an accident, and almost no one noticed. The episode provided a fleeting glimpse into something that is common but rarely seen up close and that the Biden administration hopes to discourage: multinational companies, with the help of elite law and accounting firms and with only belated scrutiny from the I.R.S., dodging billions of dollars in taxes. 

Then, in an instant, all traces of the fight — and of Bristol Myers’s allegedly abusive arrangement — vanished from public view.

Continue reading

April 3, 2021 in Tax, Tax News | Permalink

Friday, April 2, 2021

Weekly SSRN Tax Article Review And Roundup: Elkins Reviews Lucas's The Pain of Paying Taxes

This week, David Elkins (Netanya) reviews a new article by Gary Lucas, Jr. (Texas A&M; Google Scholar), The Pain of Paying Taxes, 56 Richmond L. Rev. __ (2021) (forthcoming):

Elkins (2018)

The financing of government spending (and in particular the financing of transfer payments) by taxation has been analogized in the literature to the carrying of water in a leaky bucket. In many cases, the amount received by the beneficiaries of the spending program will be less than the cost imposed upon the taxpayers. Under standard economic modeling, the sources of the leak include compliance costs, administrative costs, and the substitution effect (which occurs when taxpayers alter their behavior in order to avoid the tax or to minimize their tax liability). In a fascinating article, Professor Lucas argues that the leak may be larger than we thought. Leaving aside Oliver Wendell Holmes’ famous declaration that he does not mind paying taxes because taxes are the cost of a civilized society, people do not like to pay taxes. The psychological pain associated with paying taxes reduces social welfare and can also exaggerate the substitution effect.

Continue reading

April 2, 2021 in David Elkins, Scholarship, Tax, Tax Scholarship, Weekly SSRN Roundup, Weekly Tax Roundup | Permalink

Tax Policy In The Biden Administration

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.

Continue reading

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.

Continue reading

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

Christians & Lederman: An Important Tax Tip & #WhyTakeTax?

Professors Leandra Lederman (Indiana-Maurer) and Allison Christians (McGill) released 2 new videos today on their Break Into Tax YouTube channel.

The first of today’s videos, One Weird Tip To Save a Bundle in Taxes, shares a breakthrough of universal interest. That video will likely be widely shared, so be among the first to see it!

The second Break Into Tax video, Why Take Tax? The Top Ten Reasons, counts down reasons why students should consider taking a tax class. It includes cameo appearances by many tax professors and other experts, sharing insights gained over many decades. Don’t miss the debut of the “Christians & Lederman Top 10 List”!

Continue reading

April 1, 2021 in Tax, Tax News | Permalink

Texas Dean Hosts Virtual Discussion Today On Rebellion, Rascals, And Revenue: Tax Follies And Wisdom Through The Ages

Joel Slemrod and Michael Keen with Interim Dean Mills on Rebellion, Rascals, and Revenue: Tax Follies and Wisdom through the Ages Thursday April 1, 2021 at 4 PM CST (Zoom link):

Michael Keen (IMF) & Joel Slemrod (Michigan; Google Scholar), Rebellion, Rascals, and Revenue: Tax Follies and Wisdom through the Ages (Princeton University Press 2021):

RascalsAn engaging and enlightening account of taxation told through lively, dramatic, and sometimes ludicrous stories drawn from around the world and across the ages.

Governments have always struggled to tax in ways that are effective and tolerably fair. Sometimes they fail grotesquely, as when, in 1898, the British ignited a rebellion in Sierra Leone by imposing a tax on huts—and, in repressing it, ended up burning the very huts they intended to tax. Sometimes they succeed astonishingly, as when, in eighteenth-century Britain, a cut in the tax on tea massively increased revenue. In this entertaining book, two leading authorities on taxation, Michael Keen and Joel Slemrod, provide a fascinating and informative tour through these and many other episodes in tax history, both preposterous and dramatic—from the plundering described by Herodotus and an Incan tax payable in lice to the (misremembered) Boston Tea Party and the scandals of the Panama Papers. Along the way, readers meet a colorful cast of tax rascals, and even a few tax heroes.

While it is hard to fathom the inspiration behind such taxes as one on ships that tended to make them sink, Keen and Slemrod show that yesterday’s tax systems have more in common with ours than we may think. Georgian England’s window tax now seems quaint, but was an ingenious way of judging wealth unobtrusively. And Tsar Peter the Great’s tax on beards aimed to induce the nobility to shave, much like today’s carbon taxes aim to slow global warming.

Rebellion, Rascals, and Revenue is a surprising and one-of-a-kind account of how history illuminates the perennial challenges and timeless principles of taxation—and how the past holds clues to solving the tax problems of today.

Continue reading

April 1, 2021 in Book Club, Scholarship, Tax, Tax Scholarship | Permalink

Subscribing To TaxProf Blog

SubscribeWe offer three ways to have TaxProf Blog content automatically delivered to your computer, tablet, or smart phone:

RSS Feeds:  You can subscribe to one of three different feeds to receive TaxProf Blog posts via your RSS reader:

Email:  You can subscribe to receive TaxProf Blog posts via email through one of three approaches:

  • FeedBlitz:  Enter your email address here to receive TaxProf Blog posts via email, delivered to you either daily, every 12 hours, every 8 hours, every 4 hours, or hourly (at your option).
  • TaxProf Blog Tax Email Service:  Email me to be added to my twice daily (during the week) and once daily (on the weekend) emails to the TaxProf Discussion Group with titles and links to recent TaxProf Blog posts on tax topics.
  • TaxProf Blog Legal Education Email Service:  Email me to be added to my email distribution list with titles and links to recent TaxProf Blog posts on legal education topics.

April 1, 2021 in About This Blog, Legal Education, Tax | Permalink

Support TaxProf Blog By Shopping On Amazon

Amazon-associatesTaxProf Blog participates in the amazon.com affiliate program. You can help support TaxProf Blog at no cost to you by making purchases through Amazon links on the blog and through the search box in the right column of the blog:

Amazon Search

April 1, 2021 in About This Blog, Legal Education, Tax | Permalink

Income Inequality In America Is Lower Than It Was 50 Years Ago

Wall Street Journal op-ed:  Incredible Shrinking Income Inequality, by Phil Gramm & John Early:

Its rise is an illusion created by the Census Bureau’s failure to account for taxes and welfare.

The refrain is all too familiar: Widening income inequality is a fatal flaw in capitalism and an “existential” threat to democracy. From 1967 to 2017, income inequality in the U.S. spiked 21.4%, and everyone from U.S. senators to the pope says it’s an urgent problem. Yet the data upon which claims about income inequality are based are profoundly flawed.

We have shown on these pages that Census Bureau income data fail to count two-thirds of all government transfer payments—including Medicare, Medicaid, food stamps and some 100 other government transfer payments—as income to the recipients. Furthermore, census data fail to count taxes paid as income lost to the taxpayer. When official government data are used to correct these deficiencies—when income is defined the way people actually define it—“income inequality” is reduced dramatically.

We can now show that if you count all government transfers (minus administrative costs) as income to the recipient household, reduce household income by taxes paid, and correct for two major discontinuities in the time-series data on income inequality that were caused solely by changes in Census Bureau data-collection methods, the claim that income inequality is growing on a secular basis collapses. Not only is income inequality in America not growing, it is lower today than it was 50 years ago. ...

WSJ

Continue reading

April 1, 2021 in Tax, Tax News | Permalink

Wednesday, March 31, 2021

National Tax Association 114th Annual Conference Call for Papers: Improving The Safety Net

NTA

114th Annual National Tax Association Conference Call for Papers: Improving the Safety Net:

November 18-20, 2021
Detroit Marriott at the Renaissance Center
Detroit, Michigan

We are planning to hold the 114th Annual Conference in person should health guidelines permit.  The NTA staff will continually monitor the health and government mandates and will abide by their recommendations regarding in-person events.

The 114th Annual Conference on Taxation will cover a broad range of topics in tax policy and public finance. We welcome submissions from the fields of accounting, economics, law, and public policy, as well as research from other fields that bears on these topics.

Motivated by the important role of public assistance programs during the COVID-19 pandemic and by the discussions of policy reform occurring during the early days of the Biden administration, the theme of this year’s conference is “Improving the U.S. Safety Net.” Keynote speakers and plenary panels will be oriented towards analysis of U.S. safety-net policies. We especially encourage submissions in line with this topic.

This year’s conference also includes a new submission category, Inequality and Disparities, for papers that investigate disparities by characteristics such as race or gender as well as the effects of tax or non-tax policies that are intended to alleviate them. We particularly encourage submissions to this topic area as well.

Continue reading

March 31, 2021 in Conferences, Scholarship, Tax, Tax Conferences, Tax Scholarship | Permalink

Conservatives Should Applaud — Not Fight — Efforts To Change Philanthropic Giving Rules

Following up on my previous post, The Left Wants A Philanthropy Of The Few:  Chronicle of Philanthropy op-ed:  Conservatives Should Applaud — Not Fight — Efforts to Change Philanthropic Giving Rules, by Craig Kennedy & William Schambra:

Initiative To Accelerate A new proposal to pull more money out of private foundations and donor-advised funds and hand it to charities drew the immediate ire of conservatives, inside and outside of philanthropy. Elise Westhoff, CEO of the conservative Philanthropy Roundtable, called the tax-code changes proposed by philanthropist John Arnold and Boston College law professor Ray Madoff a “solution in search of a problem” that “would stifle charitable giving when it is most needed.”

As veterans of conservative and centrist philanthropy, we believe that this opposition is wrong-headed and shortsighted. Rather than resist the modest changes to the tax code proposed by Arnold and Madoff, conservatives should see them as the first step toward retooling a philanthropic world that has become too politicized and self-interested. ...

Continue reading

March 31, 2021 in Tax, Tax News | Permalink

San Francisco Seeks To Hire Tax Visitors And Tax Writing Adjunct

USF (2022)University of San Francisco, Visiting Professor, Tax LLM:

Visiting Professorship in tax for the 2021-2022 academic year. The Visitor may also have the opportunity to teach an elective/seminar, if the schedule permits, as part of a commitment to two courses each semester.

University of San Francisco, Visiting Professor, School of Law:

The University of San Francisco School of Law is seeking applicants for one or more Visiting Professorships for the 2021-2022 academic year. USF Law welcomes outstanding candidates in contracts, criminal law and procedure, torts and tax. The Visitor(s) may also have the opportunity to teach an elective/seminar, if the schedule permits, as part of a commitment to two courses each semester. ...

Continue reading

March 31, 2021 in Legal Education, Tax, Tax Prof Jobs | Permalink

U.S. Tax Court's Tax Trailblazers: Sam Thompson

U.S. Tax Court's Diversity & Inclusion Series, Tax Trailblazers: Mentoring the Next Generation:

Thompson 2021Please join the United States Tax Court for the second in a series of monthly programs celebrating diversity and inclusion in tax law. Moderated by Chief Judge Maurice B. Foley, March’s webinar will focus on Samuel C. Thompson, Jr., Director of the Center for the Study of Mergers and Acquisitions at Penn State Law. Today at 7:00-8:15 PM EST (register here).

Samuel C. Thompson, Jr. directs Penn State’s Center for the Study of Mergers and Acquisitions. He is also a Professor of Law and the Arthur Weiss Distinguished Faculty Scholar. He teaches mergers and acquisitions, focusing on corporate, securities, tax, accounting, and antitrust aspects of these very complex transactions. He also teaches several tax courses. Beginning with the Spring semester 2021, he is teaching a course entitled: The Lawyer’s Role in Helping Close the Minority-White Gap in Business Ownership.

Professor Thompson has served in two governmental tax policy positions, one in the U.S. Treasury’s Tax Legislative Counsel’s Office and one as the tax policy advisor, on behalf of the U.S. Treasury Department’s Tax Assistance Office, to the South African Ministry of Finance in Pretoria, South Africa. In that second role he assisted with the revision of South Africa’s income tax system.

Continue reading

March 31, 2021 in Legal Ed News, Legal Education, Tax, Tax News | Permalink

Dorothy Brown On Ali Velshie: Racist Tax Codes Exist Because ‘A Rich, White Couple Wanted To Pay Less Taxes’

MSNBC Ali Velshie, Dorothy A. Brown: Racist Tax Codes Exist Because ‘A Rich, White Couple Wanted to Pay Less in Taxes’ (Mar. 27, 2021):

Legacy racist policies exist all over the place, but tax-law professor at Emory University School of Law and author of The Whiteness of Wealth, Dorothy A. Brown is exposing them in a place you may not be expecting to see them: in your taxes. Take a look at how the marriage penalty has been possibly unknowingly hurting couples of color for decades.

Continue reading

March 31, 2021 in Legal Education, Tax | Permalink

Tuesday, March 30, 2021

2022 U.S. News Tax Rankings

6a00d8341c4eab53ef0240a490199b200b-250wiThe new 2022 U.S. News Tax Rankings include the tax programs at 186 law schools (the faculty survey had a 58% response rate). Here are the Top 50:

Rank Score School
1 4.8 NYU
2 4.4 Florida
3 4.3 Georgetown
4 4.2 Northwestern
4 4.2 Virginia
6 4.0 Chicago
6 4.0 UC-Irvine
8 3.9 Harvard
8 3.9 Michigan
8 3.9 UCLA
11 3.8 Columbia
11 3.8 Loyola-L.A.
11 3.8 Stanford
14 3.7 Boston College
14 3.7 Yale
16 3.6 Boston Univ.
16 3.6 Duke
16 3.6 Indiana (Maurer)
16 3.6 Texas
16 3.6 UC-Hastings
21 3.5 Penn
21 3.5 San Diego
23 3.4 UC-Berkeley
23 3.4 USC
25 3.3 Minnesota
25 3.3 North Carolina
27 3.2 UC-Davis
28 3.1 Arizona State
28 3.1 Cornell
28 3.1 Florida State
28 3.1 George Washington
28 3.1 Miami
28 3.1 Washington Univ.
34 3.0 Emory
34 3.0 Ohio State
34 3.0 Villanova
34 3.0 Univ. of Washington
34 3.0 Washington & Lee
39 2.9 Alabama
39 2.9 Colorado
39 2.9 Fordham
39 2.9 Georgia
39 2.9 Georgia State
39 2.9 Pepperdine Caruso
39 2.9 Temple
39 2.9 Vanderbilt
47 2.8 BYU
47 2.8 Iowa
47 2.8 Loyola-Chicago
47 2.8 Notre Dame
47 2.8 Pittsburgh
47 2.8 Tulane

Among the law schools in the tax rankings last year, here are the biggest upward moves:

  • +24: Colorado (#39)
  • +21: Iowa (#47)
  • +16: Tulane (#47), Georgia State (#39)
  • +14: Cornell (#28), George Washington (#28), Emory (#34)
  • +9: Arizona State (#28), Florida State (#28), Vanderbilt (#39)

Here are the biggest downward moves:

  • -21: Pittsburgh (#47)
  • -15: BYU (#47)
  • -8: USC (#23)
  • -7: Alabama (#39), Fordham (#39)
  • -6: Pennsylvania (#21)

Here are the rankings of law schools with graduate tax programs:

Continue reading

March 30, 2021 in Law School Rankings, Legal Ed News, Legal Ed Rankings, Legal Education, Tax, Tax Rankings | Permalink

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.

Continue reading

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

Sullivan: Measuring Disparate Racial Tax Outcomes Before And After The TCJA

Martin Sullivan (Tax Analysts), Measuring Disparate Racial Tax Outcomes Before and After the TCJA, 170 Tax Notes Fed. 1666 (Mar. 15, 2021):

Our preliminary analysis of 2017 and 2018 tax return data indicates that, on average, effective tax rates were lower for ZIP codes where most of the population identified as white than for ZIP codes with more racial diversity.

Sullivan 1

Also, the analysis indicates that after passage of the Tax Cuts and Jobs Act, larger percentage point reductions are seen in ZIP codes with predominantly white populations.

Continue reading

March 30, 2021 in Scholarship, Tax, Tax Analysts, Tax Scholarship | Permalink

Fifth International Conference On Taxpayer Rights

5th Annual

Nina Olson (Executive Director and Founder, Center for Taxpayer Rights):

Registration is now open for the 5th International Conference on Taxpayer Rights, which will be held over three days, on May 26 to 28, 2021. The theme of the conference is Quality Tax Audits and the Protection of Fundamental Rights. You can access the agenda here. Our host for this year’s conference is the National and Kapodistrian University of Athens School of Law.

This year we are holding the conference entirely online. Although we will miss seeing everyone in person, we view this live online conference as an opportunity to expand the conference’s reach. So please share this information with others!

Continue reading

March 30, 2021 in Conferences, Tax, Tax Conferences | 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. 

Continue reading

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. 

Continue reading

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

Lesson From The Tax Court: Failing Business No Reason To Stop Collection In CDP Hearing

Collection Due Process (CDP) is designed to protect taxpayers from abusive collection actions by the IRS.  American Limousines, Inc. v. Commissioner, T.C. Memo. 2121-36 (Mar. 25, 2021) (Judge Halpern), teaches that CDP does not require the IRS to stop trying to collect from a business just because the business was failing.  There the taxpayer owed over $1.1 million in employment taxes.  The Office of Appeals rejected both the taxpayer’s installment payment offer of $2,000 per month, and its alternative proposal to be placed in CNC.  The taxpayer said that the Office of Appeals should have put it into CNC to allow its business to improve.  The Tax Court upheld the Appeals determination, finding that Appeals satisfactorily balanced the need for collection against the difficulties enforced collection would create for the taxpayer.  Details below the fold.

Continue reading

March 29, 2021 in Bryan Camp, New Cases, Scholarship, Tax, Tax Practice And Procedure, Tax Scholarship | Permalink | Comments (0)

TaxProf Blog Weekend Roundup