Taxation & Estate Planning

Brown: Two Americas, Two Tax Codes

Posted on March 10, 2009
Dorothy A. Brown (Emory) has published an op-ed in the New York Times: Two Americas, Two Tax Codes: There are effectively two tax systems in America: one for the very rich and one for the rest of us. Income from...

Joint Tax Committee Releases List of 178 Expiring Tax Provisions

Posted on March 10, 2009
The Joint Committee on Taxation yesterday released List of Expiring Federal Tax Provisions, 2008-2020 (JCX-20-09).

Lund: Impact of Stimulus Bill's Performance-Based Executive Comp Limits on § 162(m)

Posted on March 10, 2009
Andrew Lund (Pace) asks: does the stimulus bill's restriction of performance-based executive compensation (to one-third of total compensation) presage the ultimate repeal of the exemption in § 162(m) for performance-based compensation from the prohibition on public company deductions for executive...

Call for Participants: 4th Annual Junior Tax Scholars' Workshop

Posted on March 09, 2009
The fourth annual Junior Tax Scholars' Workshop will be held this year at Brooklyn Law School from the evening of Thursday, June 4th through Saturday, June 6th. The workshop is an opportunity for junior tax faculty to meet each other...

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NLJ: Struggling Taxpayers Hurt by Shrinking OIC and Partial-Payment Programs

Posted on March 09, 2009
In today's National Law Journal: Attorneys Angered Over Lack of IRS Aid; Taxpayer Programs Are Rarely Used, by Marcia Coyle: At the start of the new year, the IRS announced steps to help struggling taxpayers buffeted by the deepening recession....

Faculty Pay Up 3.7% in 2008-09

Posted on March 09, 2009
In today's Inside Higher Ed: Tightening Picture for Faculty Pay, by Scott Jaschik: The rate of increase in faculty salaries is down this year ? and that is evident even in data collected before many colleges started to announce furloughs...

Melone: Should the U.S. Tax Sovereign Wealth Funds?

Posted on March 09, 2009
Matthew A. Melone (Lehigh University, College of Business and Economics) has published Should the United States Tax Sovereign Wealth Funds?, 26 B.U. Int'l L.J. 143 (2008). Here is the Conclusion: To the adage ?bad facts make bad law? can be...

Please Repeat the Question

Posted on March 09, 2009
The NYU Law Revue offers this hilarious take on the laptops in the classroom debate: Please Repeat the Question from Amanda Bakale on Vimeo. (Hat Tip: Volokh Conspiracy, Donald Clarke.)

Sharing TaxProf Blog

Posted on March 09, 2009
Continuing our series of enhancements to TaxProf Blog: in response to several requests, we have made it easier to share TaxProf Blog content through various social networking sites such as Facebook, LinkedIn, MySpace, and Twitter, and through services such as...

Tax Movies

Posted on March 09, 2009
From Robert G. Nassau (Syracuse): The Syracuse University College of Law Tax Society, the Law School?s #1 student organization dedicated to all things tax, has been holding Movie Nights this year, at which it screens tax-related movies. So far it...

Former Cadwalader Partner Censured for Failing to File 2001-2005 Tax Returns

Posted on March 09, 2009
The New York State Appellate Division of the Supreme Court, First Judicial Department, has publicly censured Gerald A. Eppner, currently a solo practitioner but formerly counsel to Kaye Scholer and a partner at Cadwalader, Wickersham & Taft, for failing to...

New Issue of Wealth Strategies Journal

Posted on March 09, 2009
The March 2009 issue of the Wealth Strategies Journal is now available online, with the following tax-related articles: Proposed Conduit Financing Regulations Treat Disregarded Entities as Regarded Entities by Jeffrey ?Jeff? Rubinger Gift Now! Take Advantage of Volatility!, by Lance...

TaxProf Blog Weekend Roundup

Posted on March 09, 2009
Saturday: IRS Loses Major Virgin Islands Tax Shelter Case Shanske: The Original Property Tax Revolutionaries Leviner: A New Era of Tax Enforcement Sunday: Top 5 Tax Paper Downloads SOI Releases Winter 2009 SOI Bulletin Zelinsky: The False Modesty of Davis...

9th Circuit Decides Boulware

Posted on March 09, 2009
On remand from the Supreme Court (Boulware v. United States, 128 S.Ct 1168 (Mar. 3, 2008), rev'g 470 F.3d 931 (9th Cir. 2006)), the Ninth Circuit yesterday held that the owner of a closely held corporation did not offer sufficient...

Top 5 Tax Paper Downloads

Posted on March 08, 2009
There is a bit of movement in this week's list of the Top 5 Recent Tax Paper Downloads, with a new paper #1 paper and a new paper debuting on the list at #5: 1. [280 Downloads] Estate Tax Reform:...

SOI Releases Winter 2009 SOI Bulletin

Posted on March 08, 2009
The IRS's Statistics of Income Division has released the Winter 2009 SOI Bulletin with these six articles: Individual Income Tax Rates and Shares, 2006, by Kyle Mudry & Justin Bryan Split-Interest Trusts, Filing Year 2007, by Lisa Schreiber Unrelated Business...

Zelinsky: The False Modesty of Davis

Posted on March 08, 2009
Edward A. Zelinsky (Cardozo) has posted The False Modesty of Department of Revenue v. Davis: Disrupting the Dormant Commerce Clause Through the Traditional Public Function Doctrine on SSRN. Here is the abstract: In Department of Revenue v. Davis, the United...

Bertrand & Morse: What Do High-Interest Borrowers Do With Their Tax Rebate?

Posted on March 08, 2009
Marianne Bertrand & Adair Morse (both of University of Chicago, Booth School of Business) have posted What Do High-Interest Borrowers Do With Their Tax Rebate? Here is the abstract: Building on prior literature that constrained individuals consume the most out...

IRS Loses Major Virgin Islands Tax Shelter Case

Posted on March 07, 2009
Illinois car dealer James Auffenberg was acquitted on Wednesday by a federal district court jury in the Virgin Islands of all tax fraud charges. United States v. Auffenberg, No. 2007-0047 (D.C. V.I. Mar. 4, 2009) The case involved the much...

Shanske: The Original Property Tax Revolutionaries

Posted on March 07, 2009
Darien Shanske (UC-Hastings) has posted What the Original Property Tax Revolutionaries Wanted (and it is Not What You Think), reviewing Isaac William Martin, The Permanent Tax Revolt: How the Property Tax Transformed American Politics (Stanford University Press, 2008): The reverberations...

Leviner: A New Era of Tax Enforcement

Posted on March 07, 2009
Sagit Leviner (Tel Aviv University, Buchmann Faculty of Law) has published A New Era of Tax Enforcement: From "Big Stick" to Responsive Regulation, 42 U. Mich. J.L. Reform 381 (2009). Here is the abstract: This Article explores the economics of...

Yale Presents Corporate Distributions Tax Reform Today at Michigan

Posted on March 06, 2009
Ethan Yale (Georgetown) presents Corporate Distributions Tax Reform: Exploring the Alternatives today at Michigan as part of its Tax Policy Workshop Series hosted by Reuven S. Avi-Yonah. Here is the abstract: Current law imposes materially different burdens on economically comparable...

Will Sabbaticals Fall Victim to the Economic Downturn?

Posted on March 06, 2009
Inside Higher Ed: Sabbaticals on Leave, by Jack Stripling: It is perhaps no surprise that something that sounds as good as a sabbatical is now viewed in some quarters as a luxury these troubled times cannot abide. Several college leaders...

Bartlett: A Carbon Tax Is Better Than Cap-And-Trade

Posted on March 06, 2009
Forbes: A Carbon Tax Is Better Than Cap-And-Trade, by Bruce Bartlett: I think a straightforward carbon tax would be preferable to a cap-and-trade system. It would be much quicker and easier to implement, provide greater transparency and certainty of the...

Yale Offers 3-Year JD-MBA

Posted on March 06, 2009
Yale announced yesterday a joint J.D.-M.B.A. program that will enable students to earn both degrees in three years: The new combined program in law and business is unique in that it offers the two degrees in three academic years (six...

Perry Fleischer: The Charitable Tax Subsidy and Distributive Justice

Posted on March 06, 2009
Miranda Perry Fleischer (Illinois; returning to Colorado) has posted Theorizing the Charitable Tax Subsidies: The Role of Distributive Justice on SSRN. Here is the abstract: Distributive justice plays a starring role in many fundamental tax policy debates, from the marginal...

IRS Ends Private Debt Collection Program

Posted on March 06, 2009
IR-2009-19 (Mar. 5, 2009): After conducting an extensive review of the private debt collection program, including the cost effectiveness of the effort, the IRS will not renew its contracts with two private debt collection agencies, the agency announced today...

Gergen: The Case for Taxing Private Equity as Ordinary Income

Posted on March 06, 2009
Mark Gergen (UC-Berkeley) has published A Pragmatic Case for Taxing an Equity Fund Manager's Profit Share as Compensation, 87 Taxes 139 (March 2009): This article responds to a challenge David Weisbach has put to proponents of taxing a private equity...

Lederman: Information Reporting to Reduce the Tax Gap

Posted on March 06, 2009
Leandra Lederman (Indiana) has posted Reducing Information Gaps to Reduce the Tax Gap: When is Information Reporting Warranted? on SSRN. Here is the abstract: A core problem for enforcement of tax laws is asymmetric information. The taxpayer knows the facts...

Book: Refund Anticipation Loans and the Tax Gap

Posted on March 06, 2009
Leslie Book (Villanova) has posted Refund Anticipation Loans and the Tax Gap, 20 Stan. L. & Pol'y Rev. ___ (2009), on SSRN. Here is the abstract: There has been a significant expansion of refundable credits over the past twenty years....

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