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Taxation & Estate Planning

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Provides news, information and resources for tax professors and practitioners.

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ABA Tax Section Offers Teleconference & Webcast Today on Using State Law LLCs as S Corps

Posted on July 30, 2008
The ABA Tax Section offers a teleconference and webcast today on Using State Law Limited Liability Companies as S Corporations from 1:00 - 2:30 p.m. EST: Although LLCs have gained increasing popularity over the last decade, the number of entities...


The Secret of Obama's Success? He Doesn't Dress Like a "50-Year Old Tax Lawyer"

Posted on July 30, 2008
Associated Press: The Candidates' Closets: No WIndsurfing Gear, by Samantha Critchell: [I]n his clothing, as in his campaign, Obama could face the charge of elitism for choosing stylish, slim-cut suits with a European look, [Tyler] Thoreson [executive editor of Men...


President Bush Signs Housing Tax Relief Bill

Posted on July 30, 2008
President Bush today signed the housing stimulus bill (H.R. 3221, The Housing and Economic Recovery Act of 2008). The House had approved the bill 272-152 and the Senate 72-13. There are four main tax cuts in the $15.1 billion tax...


Law School Class of 2007: A More Extreme Bi-Modal Salary Distribution

Posted on July 30, 2008
I previously blogged (here and here) Bill Henderson's posts (here and here) on the the bi-modal salary distribution pattern among newly-minted lawyers with salary data from the law school classes of 1991, 1996, 2000, and 2006. Today, Bill reports, based...


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WSJ: McCain's Tax Blunder

Posted on July 30, 2008
Editorial in today's Wall Street Journal, McCain's Tax Blunder: One of the miracles of this Presidential election campaign is that John McCain still has a chance to win, notwithstanding his best attempts to kick it away. In his latest random...


Bowman: Why Junior Law Faculty Are Better

Posted on July 30, 2008
Gregory W. Bowman (Mississippi College School of Law) has published The Comparative and Absolute Advantages of Junior Law Faculty: Implications for Teaching and the Future of American Law Schools, 2008 BYU Educ. & L.J. 171. Here is the abstract: In...


Caron Presents The Story of Murphy: A New Front in the War on the Income Tax Today at Cincinnati

Posted on July 30, 2008
I am presenting The Story of Murphy: A New Front in the War on the Income Tax at Cincinnati today as part of our 12th Annual Summer Scholarship Series: This paper is a draft of a chapter from the forthcoming...


Johnson: Casualty and Business Losses When Basis Hasn't Been Lost

Posted on July 30, 2008
Calvin H. Johnson (Texas) has published Casualty and Business Losses When Basis Hasn't Been Lost, 120 Tax Notes 357 (7/28/08): The proposal is made as a part of the Shelf Project, a collaboration by tax professionals to develop and perfect...


1.6m Businesses Owe IRS $58b of Employment Taxes

Posted on July 30, 2008
The Government Accountability Office yesterday released Businesses Owe Billions in Federal Payroll Taxes: Report (GAO-08-617) 1-Page Highlights Testimony (GAO-08-1034T) Senate Hearing Press and blogosphere coverage: Associated Press Reuters Wall Street Journal Washington Post


Tax Analysts Partners With TaxProf Blog

Posted on July 29, 2008
I am thrilled to announce that Tax Analysts has agreed to share some of its content with readers of TaxProf Blog. Each week, I will blog one article from three of Tax Analysts' publications: Tax Notes, State Tax Notes, and...


Tax Prof Steve Willis Applies to Fill Florida Supreme Court Vacancy

Posted on July 29, 2008
Tax Prof Steven J. Willis (Florida) is one of the fifty candidates who have applied to fill two upcoming vacancies on the Florida Supreme Court. Steve joined the Florida faculty in 1981, having previously taught at NYU. He earned his...


KPMG Releases Study of Tax Costs in 35 International Cities

Posted on July 29, 2008
KPMG has released Competitive Alternatives 2008 Special Report: Focus on Tax, a detailed study of the tax costs in thrity-five large cities (populations greater than 2 million) in ten countries. Here are the ten cities with the lowest tax costs:...


Henderson: How Most Law Firms Misapply the "Cravath System"

Posted on July 29, 2008
I previously blogged Bill Henerson's powerful post, How the "Cravath System" Created the Bi-Modal Distribution, which traces the history of the bi-modal salary distribution pattern among newly-minted lawyers with salary data from the law school classes of 1991, 1996, 2000,...


Borchard Foundation Offers Four $20,000 Research Grants

Posted on July 29, 2008
The Borchard Foundation Center on Law and Aging is offering four $20,000 grants to fund "research and scholarship about new or improved public policies, laws, and/or programs that will enhance the quality of life for the elderly, including those who....


Update on Alleged Tax Fraud by GE Subsidiary in Brazil

Posted on July 29, 2008
Following up on my prior posts (here and here) on David Cay Johnston's investigation into possible tax fraud by GE in Brazil for Tax Notes International: Former GE Attorney Koeck Says She Was Fired for Reporting Fraud, 22 Corp. Crime...


Burke: Is the Corporate Tax Broken?

Posted on July 29, 2008
Karen C. Burke (San Diego) has posted Is the Corporate Tax System "Broken"? on SSRN. Here is the abstract: The slated expiration of the Bush Administration's tax cuts in 2010 highlights the instability of the current 15% rate on dividends...


Tax Consequences of NYU's "Cash for Class" System

Posted on July 29, 2008
The ABA Journal, Above the Law, and New York Post report on how NYU law students pay their classmates for slots in oversubscribed courses. NYU does not maintain add/drop lists, so a student seeking to enroll pays a student to...


Tax Court Denies Deduction for Course in Day Trading

Posted on July 29, 2008
The Tax Court yesterday denied a taxpayer's claimed § 212 deduction for the expense of a five-day course in day trading. Serrato v. Commissioner, 131 T.C. No. 3 (7/28/08): Petitioner spent approximately 6.5 hours a day Monday through Friday reviewing,...


Eyal-Cohen: Chief Justice Roger J. Traynor's Tax Philosophy

Posted on July 29, 2008
Mirit Eyal-Cohen (S.J.D. Candidate, UCLA) has published Preventive Tax Policy: Chief Justice Roger J. Traynor's Tax Philosophy, 59 Hastings L.J. 877 (2008). Here is the abstract: Justice Roger J. Traynor is best known for his judicial innovations in the fields...


Tax Foundation Corrects Obama Tax Myths

Posted on July 28, 2008
The Tax Foundation refutes all eight points of an anti-Obama tax screed that is circulating via the Internet and email: 28% capital gains tax rate on ALL home sales 39.6% tax rate on dividends Restored inheritance tax under Obama (repealed...


TaxProf Blog Weekend Roundup

Posted on July 28, 2008
Saturday: Senate Passes Housing Tax Relief Bill Student Notes in ABA Tax Lawyer Tax Violations Sunday: WKRP TaxProf Blog in Cincinnati Top 5 Tax Paper Downloads Tax Foundation: More Tax Nonsense From McCain It Is Time to Oust Marriage From...


NLJ: IRS Fight for Access to Tax Work Papers Shifts to Courts of Appeals

Posted on July 28, 2008
In this week's National Law Journal: IRS Fights for Tax Papers; 1st Circuit Will Hear a Key Work-Product Dispute, by Marcia Coyle: The business and legal communities, concerned about the erosion of the attorney-client privilege in corporate investigations by federal...


South Carolina Law Review Launches Peer Review Project

Posted on July 28, 2008
The South Carolina Law Review is launching a Peer Review Pilot Project for its forthcoming Volume 60: Authors will submit manuscripts ... to the Pilot Program specifically by emailing a cover letter and copy of the author?s manuscript to sclawreview.gmail...


Atax Issues Call for Tax Research Fellows

Posted on July 28, 2008
The Australian Taxation Studies Program (Atax), University of New South Wales, Sydney, Australia, is seeking two research fellows for 2009: In 2009 Atax will offer two Research Fellowships to international academics and professionals keen to further their research in the...


Kentucky Law School May Not Open For Fall 2008 Classes

Posted on July 28, 2008
I previously blogged the $120 million class action lawsuit filed against the American Justice School of Law, a non-accredited for-profit law school in Paducah, Kentucky. The ABA Journal and Wall Street Journal Law Blog report today that the school --...


Seto on the Proposed Boycott of the U.S. News Rankings

Posted on July 28, 2008
Theodore P. Seto (Loyola-L.A.), author of the influential article, Understanding the U.S. News Law School Rankings, 60 SMU L. Rev. 493 (2007), shares his thoughts on Case Dean Gary Simson's call to boycott the U.S. News rankings (blogged here, here,....


GE Struggling to Quash Former Times Reporter?s Tax Fraud Story

Posted on July 28, 2008
I previously blogged David Cay Johnston's article in the June 30, 2008 edition of Tax Notes International, Blame It on Rio: GE's Brazilian Headache. The Corporate Crime Reporter has published a follow-up, GE Alleges Attorney Took Privileged Documents, Fed Them...


It Is Time to Oust Marriage From the Tax Code

Posted on July 27, 2008
Wendy Richards (J.D. 2008, Wisconsin) has published Comment, An Analysis of Recent Tax Reforms From a Marital-Bias Perspective: It Is Time to Oust Marriage From the Tax Code, 2008 Wis. L. Rev. 611. Here is the abstract: As the American...


The Texas Margin Tax

Posted on July 27, 2008
David A. Vanderhider (J.D. 2008, St. Mary's) has published Comment, A Marginal Tax: The New Franchise Tax in Texas, 39 St. Mary's L.J. 615 (2008). Here is part of the Introduction: In 2006, therefore, the Texas Legislature adopted the new...


WKRP TaxProf Blog in Cincinnati

Posted on July 27, 2008
Fans of the WKRP in Cincinnati TV show might remember the theme song: Dave Rifkin (Attorney-Advisor to Tax Court Judge Juan F. Vasquez; Adjunct Professor, Georgetown) welcomed me back from San Diego with this ode: Baby, if you've ever wondered,...


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