Taxation & Estate Planning

Kleinbard: An American Dual Income Tax: Nordic Precedents

Posted on April 27, 2010
Edward D. Kleinbard (USC) has published An American Dual Income Tax: Nordic Precedents, 5 Nw. J. L. & Pub. Pol'y 41 (2010). Here is the abstract: A classic dual income tax is a schedular income tax in which capital income (broadly defined, and including corporate income) is taxed at a...

Tax Court: Mortgage Disqualifies Charitable Deduction for Conservation Easement

Posted on April 27, 2010
The Tax Court yesterday denied a claimed charitable contribution deduction for a façade easement granted to a tax-exempt organization be cause the property was subject to a mortgage and thus "the conservation purpose [was not] protected in perpetuity" within the meaning of § 170(h)(2)(C) and § 170(h)(5)(A) and Reg, §...

New Issue of The Law Teacher

Posted on April 27, 2010
The Institute for Law Teaching and Learning has published the Spring 2010 issue of The Law Teacher with these articles: Team-Based Learning ? An Overview, by Sophie Sparrow (Franklin Pierce), p.1 The ?Other Minority,? by Sabah Carrim (KDU College, Malaysia), p...

CRS: An Overview of Tax Reform Proposals in the 111th Congress

Posted on April 27, 2010
Open CRS has posted James M. Bickley, Tax Reform: An Overview of Proposals in the 111th Congress (R40414). Here is the summary: Tax reform is of congressional interest in the 111th Congress. This report primarily covers fundamental tax reform because CRS reports are available online concerning the other three categories...

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Winchester: Corporations That Weren't: The Taxation of Firm Profits in Historical Perspective

Posted on April 27, 2010
Richard Winchester (Thomas Jefferson) has posted Corporations That Weren't: The Taxation of Firm Profits in Historical Perspective, 19 S. Cal. Interdisc. L.J. ___ (2010), on SSRN. Here is the abstract: This article examines the nation's earliest income tax laws, focusing on the provisions that tax business profits in a way...

NY Tax

Posted on April 27, 2010
New York Law Journal, Pole Dancing Is Not Art, N.Y. Tax Appeals Panel Rules: The gyrations of a pole dancer may be difficult to execute, but that does not make them art, a New York state tax appeals board has concluded in rejecting an administrative law judge's finding that the...

Johnston: The IRS Is More Popular Than Sarah Palin and the Tea Party

Posted on April 26, 2010
David Cay Johnston has published What Polls Tell Us About the Public's View of Taxes, 127 Tax Notes 473 (Apr. 26, 2010): Readers, here is some terrific news for sound tax policy -- and two related problems. But first, to give context to both the good news and the problems,...

NY Times: 20%-25% of Charities to Lose Their Tax-Exempt Status on May 15

Posted on April 26, 2010
New York Times, One-Fourth of Nonprofits Are to Lose Tax Breaks, by Stephanie Strom: As many as 400,000 nonprofit organizations are weeks away from a doomsday. At midnight on May 15, an estimated one-fifth to one-quarter of some 1.6 million charities, trade associations and membership groups will lose their tax...

IRS Investigates Florida Senatorial Candidate Marco Rubio

Posted on April 26, 2010
Web CPA, IRS Investigates Marco Rubio: The IRS is reportedly investigating Florida senatorial candidate Marco Rubio?s use of a Republican Party credit card. ... Rubio has been criticized in campaign ads for using his Republican Party American Express card to pay for personal expenses, including repairs to his family minivan,...

Court Rejects 'Holocaust Defense' of UBS Tax Cheat

Posted on April 26, 2010
Former UBS client Jack Barouh, 65 years old, was sentenced on Friday to 10 months in federal prison after claiming his Jewish parents' experience fleeing the Nazi Holocaust drove him to compulsively hide more than $10 million in secret accounts at the Swiss bank...

TaxProf Blog Weekend Roundup

Posted on April 26, 2010
Saturday: Backdating and Taxes Bartlett: The Case Against the VAT The Structured Settlement Tax Subsidy Textron: The First Circuit Destroys the Work Product Doctrine for Public Companies Sunday: Tax Prof Dancing Through the Years Top 5 Tax Paper Downloads Nicholas Mirkey Receives Humanitarian Award Congress Should Amend § 911 to...

Houston Business & Tax Journal Publishes New Issue

Posted on April 26, 2010
The Houston Business & Tax Law Journal has published Vol. 10, Part 1 (2010): William M. Funk, On and Over the Horizon: Emerging Issues in U.S. Taxation of Investments, 10 Hous. Bus. & Tax L.J. 1 (2010) Glenn Walberg, Reconsidering the Treatment of Investigatory Costs for Taxpayers with Existing Businesses,...

Joulfaian: The Federal Estate Tax: History, Law, and Economics

Posted on April 26, 2010
David Joulfaian (Office of Tax Analysis, Treasury Department) has posted The Federal Estate Tax: History, Law, and Economics on SSRN. Here is the abstract: The estate tax is the only wealth tax levied by the Federal government. It was enacted in 1916, and its scope was expanded to encompass gifts...

TIGTA: IRS Fails to Flag 1.2 Million Tax Returns Evidencing Identity Theft

Posted on April 26, 2010
The Treasury Inspector General for Tax Administration today issued a press release, TIGTA Publicly Releases Report on Identity Theft Involving Individual Taxpayer Identification Numbers: An estimated 1.2 million tax returns filed in 2007 reported wages earned by taxpayers who used another taxpayer's Social Security Number, a sign of possible identity...

2010: A Good Year to Die?

Posted on April 26, 2010
NPR, There May Be A Tax Upside To Dying In 2010: The saying that nothing is more certain than death or taxes doesn't apply to all of Sanford Schlesinger's clients. The trust and estates attorney has one client, for example, who died and left $70 million -- but it's not...

Borden: PIP Factors: Examine With Low Expectations

Posted on April 26, 2010
Bradley T. Borden (Washburn) has published PIP Factors: Examine With Low Expectations, 26 Tax Mgmt. Real Est. J. 31 (2010). Here is the abstract: This article takes a critical look at the factors the income tax regulations use to define partners' intererests in a partnership...

Third National People of Color Conference Offers How to Enter the Legal Academy: Pipeline Program

Posted on April 26, 2010
Seton Hall hosts the Third National People of Color Conference, Our Country, Our World in a "Post-Racial" Era, on September 9-12, 2010. The conference includes a Works-in-Progress Sessions, a Junior Faculty Writing Competition, and a Student Writing Competition, as well as a How to Enter the Legal Academy: Pipeline Program...

Congress Should Amend § 911 to Include Antarctica

Posted on April 25, 2010
Camille M. Castro (J.D. 2010, Syracuse) has published Note, Peculiar Polar Policy: The Internal Revenue Service's Treatment of Antarctica, 60 Syracuse L. Rev. 385 (2010). Here is the Conclusion: Currently, taxpayers in Antarctica are caught in a perpetual darkness in regards to their ability to claim the foreign earned income...

Tax Policy and the Taxation of Credit Card Rewards

Posted on April 25, 2010
Elizabeth C. Crouse (J.D. 2009, Michigan) has posted Doing as They Say or Saying as They Do: Tax Policy and the (In)Effective and (In)Efficient Taxation of Credit Card Rewards on SSRN. Here is the abstract: In recent years, credit card reward programs have become a basic component of personal finance...

Tax Prof Dancing Through the Years

Posted on April 25, 2010
I returned home yesterday from a week-long trip with my daughter visiting colleges for their "admitted student" days. We went to a father-daughter/mother-son dance at her high school last night. It was a great time, kicking up my heels for the first time in decades...

Top 5 Tax Paper Downloads

Posted on April 25, 2010
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 #4: 1. [997 Downloads] Pursuing a Tax LLM Degree: Why and When?, by Paul L. Caron (Cincinnati), Jennifer M. Kowal (Loyola-L...

Nicholas Mirkey Receives Humanitarian Award

Posted on April 25, 2010
Tax Prof Nicholas A. Mirkay (Widener) was recently honored with the Red Ribbon Humanitarian Award, given by the Delaware HIV Consortium at its sixth-annual WOW Awards Celebration: The awards event recognizes corporate and individual excellence for philanthropy, volunteerism, fundraising and community leadership in the field of HIV/AIDS...

The Structured Settlement Tax Subsidy

Posted on April 24, 2010
Jeremy Babener (J.D. 2010, NYU) has published Note, Justifying the Structured Settlement Tax Subsidy: The Use of Lump Sum Settlements, 6 N.Y.U. J. L. & Bus. 127 (2009). Here is the abstract: Structured settlements have been subsidized by federal, state, and local taxes for nearly three decades...

Textron: The First Circuit Destroys the Work Product Doctrine for Public Companies

Posted on April 24, 2010
Chris Jung (J.D. 2011, NYU) has posted Textron: The First Circuit Destroys the Work Product Doctrine for Public Companies, 6 N.Y.U. J. L. & Bus. ___ (2010), on SSRN. Here is the abstract: The work product doctrine provides litigants with the confidentiality needed for effective trial preparation...

Backdating and Taxes

Posted on April 24, 2010
Ryan A. Compton (University of Manitoba, Department of Economics), Daniel Sandler (University of Western Ontario, Faculty of Law) & Lindsay M. Tedds (University of Victoria, Department of Economics) have posted two papers on SSRN: Backdating, Tax Evasion, and the Unintended Consequences of Canadian Tax Reform Quantifying the Benefits of Backdating:...

Bartlett: The Case Against the VAT

Posted on April 24, 2010
Bruce Bartlett (Forbes), The Case Against the VAT: In a previous column, I explained why I think it would be desirable for the United States to adopt a value-added tax. In a nutshell, I think it's impossible to cut spending enough to forestall a fiscal crisis, that taxes will eventually...

If the IRS Made a GPS

Posted on April 23, 2010
Here. (Hat Tip: James Tanous.)

Bank: The Transformation of the Corporate Income Tax, 1861 to Present

Posted on April 23, 2010
Steven A. Bank (UCLA) has published From Sword to Shield: The Transformation of the Corporate Income Tax, 1861 to Present (Oxford University Press, 2010): The U.S. corporate income tax -- and in particular the double taxation of corporate income -- has long been one of the most criticized and stubbornly...

Christians: Case Study Research and International Tax Theory

Posted on April 23, 2010
Allison Christians (Wisconsin) has posted Case Study Research and International Tax Theory, 55 St. Louis L.J. __ (2010), on SSRN. Here is the abstract: Over the last ten years, legal scholars have begun to use what they describe as "case studies" in an effort to develop better theories about how...

Galston: Will Wisconsin Right to Life and Citizens United Invalidate Federal Tax Regulation of Campaign Activity?

Posted on April 23, 2010
Miriam Galston (George Washington) has posted When Statutory Regimes Collide:Will Wisconsin Right to Life and Citizens United Invalidate Federal Tax Regulation of Campaign Activity? on SSRN. Here is the abstract: In Federal Election Commission v. Wisconsin Right to Life (2007) and Citizens United v...

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