Taxation & Estate Planning

ABA Tax Section Publishes Winter 2010 Issue of News Quarterly

Posted on January 29, 2010
The ABA Tax Section has published 29 News Quarterly No. 2 (Winter 2010): Opinion Point: Tax Shelters: Up Off the Canvas?, by Steve Johnson (UNLV) (pp. 1, 7-8) From the Chair (Stuart M. Lewis) (Buchanan Ingersoll & Rooney, Washington, D.C.) (p. 3) Interview with Gilbert S...

The Tax Lawyer Publishes New Issue

Posted on January 29, 2010
The Tax Lawyer has published Vol. 63, No. 1 (Fall 2009): David P. Hariton (Partner, Sullivan & Cromwell, New York), The Frame Game: How Defining the "Transaction" Decides the Case, 63 Tax Law. 1 (2009) Thomas W. Henning (Partner, Allen Matkins Leck Gamble Mallory & Natsis, Los Angeles), Partnership Exit...

WNEC, UMKC Win 2009 ABA Law Student Tax Challenge

Posted on January 28, 2010
The ABA Tax Section yesterday released the winners of the 2009 Law Student Tax Challenge: The LSTC is a national tax planning and client-counseling competition designed to more closely reflect everyday tax practice than traditional moot court competitions...

Tax Portions of President Obama's State of the Union Speech

Posted on January 28, 2010
Here are the tax portions of President Obama's State of the Union address last night: As we stabilized the financial system, we also took steps to get our economy growing again, save as many jobs as possible, and help Americans who had become unemployed...

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Textron

Posted on January 28, 2010
Here are the eleven amicus briefs filed in the U.S. Supreme Court (No. 09-750) by yesterday's deadline, supporting Textron's certiorari petition seeking review of the First Circuit's 3-2 en banc decision in United States v. Textron, Inc., No. 07-2631 (1st Cir...

Tax Lawyers Not Up in Arms About New IRS Proposals...Yet

Posted on January 28, 2010
American Lawyer, Tax Lawyers Not Up in Arms About New IRS Proposals...Yet, by Zach Lowe: Those wary of any extension of the government's reach were a little upset last night, when Douglas Shulman, the IRS commissioner, announced a series of new proposed disclosure rules during a speech in front of...

I.R.C. § 761(f) and the Husband and Wife Business

Posted on January 28, 2010
Adam S. Winger (J.D. 2010, Georgia State; LL.M. (Taxation) 2011, NYU) has published Note, Divorcing the Husband and Wife Business: An Analysis and Critique of I.R.C. Section 761(f), 25 Ga. St. U. L. Rev. 1231 (2009). Here is the Introduction: Congress extended a unique benefit to husband-and-wife businesses in its...

Pratt Presents Deductibility of Fertility Treatment Today at Florida State

Posted on January 28, 2010
Katherine Pratt (Loyola-L.A.) presents Deducting the Costs of Fertility Treatment: Implications of Magdalin v. Commissioner for Opposite-Sex Couples, Gay and Lesbian Same-Sex Couples, and Single Women and Men, 2009 Wis. L. Rev. ___, at Florida State today as part of its Faculty Enrichment Series hosted by Gregg Polsky...

Christians Presents Taxation in a Time of Crisis Today at BYU

Posted on January 28, 2010
Allison Christians (Wisconsin) presents Taxation in a Time of Crisis: Policy Leadership from the OECD to the G20 at BYU today. Here is the abstract: After decades of directing global economic policy standards alone, the United States and Europe publicly extended leadership power to some developing countries in response to...

Knoll & Mason Present What Is Tax Discrimination? Today at NYU

Posted on January 28, 2010
Michael Knoll (Pennsylvania) & Ruth Mason (Connecticut) present What Is Tax Discrimination? at NYU today as part of its Colloquium Series on Tax Policy and Public Finance. The co-convenors of the colloquium are Daniel Shaviro (NYU) & Mihir Desai (Harvard Business School)...

Borden Presents Partners' Interests in a Partnership Today at Brooklyn

Posted on January 28, 2010
Bradley T. Borden (Washburn) presents Partners' Interests in a Partnership at Brooklyn today as part of its Faculty Workshop Series. Here is the abstract: Entities taxed as partnerships (e.g., partnerships, limited liability companies, and limited partnerships) have management flexibility and are subject to favorable tax rules...

Roundup on Oregon Voter Approval of Tax Hikes on the 'Rich'

Posted on January 28, 2010
On Tuesday, Oregon voters approved two ballot measures increasing individual and business income taxes by a 53%-47% vote: Measure 66 raises income tax rates by 2% (to 11%) on individuals earning more than $125,000, and married couples earning more than $250,000 Measure 67 replaces Oregon's $10-minimum corporate income tax with...

Gamage Presents On Tax Salience Today at UCLA

Posted on January 28, 2010
David Gamage (UC-Berkeley) presents On Tax Salience (and Hidden Taxes & Fiscal Illusion) (with Darien Shanske (UC-Hastings)) at UCLA today as part of its Tax Policy and Public Finance Colloquium Series. Here is the abstract: For well over a century, scholars and political actors have debated about ?hidden taxes? and...

62nd Annual USC Law Tax Institute Concludes Today in L.A.

Posted on January 27, 2010
The 62nd Annual USC Law Tax Institute concludes today in Los Angeles: Wednesday remains dedicated to estate planning issues. Jeffrey Pennell, the Richard H. Clark Professor of Law at Emory University's School of Law, will provide his trademark morning update...

Should Law Schools Adopt a 4-Day Work Week?

Posted on January 27, 2010
The University of Montana is considering a four-day week for classes and work schedules to save $450,000 annually, mostly on utility cost reductions. Classes would meet Tuesday through Friday, with class times increased to 90 minutes, and more classes held at 8 a...

Tracking Non-Cash Charitable Contributions ... There's an App for That

Posted on January 27, 2010
From: iDonatedIt: The first iPhone and iPod Touch app to track and value your non-cash charitable donations. Have you ever dropped off a bag of clothes at a charity and wondered what that bag of clothes was really worth? Have you ever had a garage sale and realized that it's...

ABA Tax Section Webcast Today on Current Federal Tax Developments

Posted on January 27, 2010
The ABA Tax Section offers a teleconference and webcast today on Current Developments in Individual, Corporate, Partnership and Estate & Gift Taxation from 1:00 - 2:30 p.m. EST: Please join Professors Martin J. McMahon, Jr. (Florida) and Ira B. Shepard (Houston) as they review the most significant statutory enactments, judicial...

Nationwide Free Tax Preparation Locator

Posted on January 27, 2010
The University of Missouri has launched a new web site (MoTax) allowing people to search for free tax preparation sites (Volunteer Income Tax Assistance (VITA), Tax Counseling for the Elderly (TCE), and AARP) by state, county, and city. (Hat Tip: Andrew Zumwalt...

Presidents Join Deans in Asking ABA to Remove Faculty Tenure as Accreditation Standard

Posted on January 27, 2010
I previously blogged efforts by the American Law Deans Association (with over 140 members) to get the ABA to eliminate its accreditation standards relating to the tenure of faculty (and Deans) and tenure-like job protection for clinical faculty, legal writing faculty, and law librarians: Law Deans' Association Fights Tenure Requirement...

Brian Galle Leaves

Posted on January 27, 2010
Brian Galle (Florida State) has accepted a lateral offer from Boston College. This is quite a coup for BC, as Brian is an incredibly talented and prolific young tax scholar, with over a dozen major pieces in just four years in the academy. He has visited at Georgetown and George...

Shaviro Presents The Case Against Foreign Tax Credits Today at Pennsylvania

Posted on January 27, 2010
Daniel N. Shaviro (NYU) presents The Case Against Foreign Tax Credits at Pennsylvania today as part of its Center for Tax Law and Policy Seminar Series. Here is the Conclusion: Among means of reducing the domestic tax burden on foreign source income that would otherwise result from worldwide taxation of...

Tax Prof Course Outlines

Posted on January 27, 2010
Over 37,000 law school course outlines are available on OutlineDepot.com, including outlines for these tax courses: Corporate Tax Corporate and Partnership Tax Estate & Gift Tax Estate Planning Income Tax Partnership Tax Real Estate Tax Tax Practice and Procedure Taxation of Business Entities Taxation of Financial Instruments Taxation of Mergers...

Fleming, Peroni & Shay: Worse Than Exemption

Posted on January 27, 2010
J. Clifton Fleming, Jr. (BYU), Robert J. Peroni (Texas) & Stephen E. Shay (Deputy Assistant Secretary for International Tax Affairs, U.S. Treasury Department) have published Worse Than Exemption, 59 Emory L. J. 79 (2009). Here is the abstract: In this article, we discuss how various defects in the current U...

Lawsky: Barack Obama as FDR -- Are Presidents Constitutionally Exempt From Tax Increases They Sign?

Posted on January 27, 2010
From Sarah B. Lawsky (George Washington; visiting at Virginia): Throughout his first term, President Franklin Roosevelt paid taxes at the rates in effect when he took office, even as statutory tax rates increased. His position was that paying tax at a rate higher than that in effect at his inauguration...

IKEA Shelters its Enormous Profits from Tax via World's Biggest 'Charity'

Posted on January 26, 2010
The Economist, Flat-Pack Accounting: Forget About the Gates Foundation; The World's Biggest Charity Owns IKEA?and Is Devoted to Interior Design: Few tasks are more exasperating than trying to assemble flat-pack furniture from IKEA. But even that is simple compared with piecing together the accounts of the world's largest home-furnishing retailer...

62nd Annual USC Law Tax Institute Continues Today in L.A.

Posted on January 26, 2010
The 62nd Annual USC Law Tax Institute continues today in Los Angeles: Tuesday will feature three concurrent tracks of programming, focused on partnerships and real estate, individual tax planning, and ethics, compliance and enforcement issues. Blake Rubin of McDermott Will & Emery will open Tuesday morning with an in-depth review...

The Law School Accreditation Debate: Student Learning Outcomes v. Faculty Scholarship

Posted on January 26, 2010
Following up on my previos post, Chronicle: Law Schools Resist Learning Outcome Measures: Drexel Dean Roger Dennis discusses The New Law School Accreditation Debate: The drive for measurable outcomes is not unique to legal education. It is part of a major trend generally in higher education accreditation practice to make...

Heritage Foundation Hosts Panel Luncheon Today on Value-Added Tax: Why Now?

Posted on January 26, 2010
The Heritage Foundation hosts a panel luncheon on Capitol Hill today (12:00 p.m.-1:00 p.m., B-340 Rayburn House Office Building) on Value-Added Tax: Why Now?: Record and growing deficits are causing some to call on Congress to pass a value-added tax -- better known as a VAT...

What Law School Taught Texas Tech Coach Mike Leach

Posted on January 26, 2010
In the bizarre timing department: Less than a month ago, Texas Tech fired football coach Mike Leach for seeking an injunction to force the school to permit him to coach in the Alamo Bowl after suspending him for allegedly mistreating one of his players, the Texas Tech Law Review has...

Mason Presents What Is Tax Discrimination? Today at Michigan

Posted on January 26, 2010
Ruth Mason (Connecticut) present What Is Tax Discrimination? (with Michael Knoll (Pennsylvania)) at Michigan today as part of its Tax Policy Workshop Series cprpdinated by Reuven S. Avi-Yonah (Michigan). Here is the abstract: Prohibitions of tax discrimination have long appeared in constitutions, tax treaties, trade treaties and other sources, but...

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