Paul L. Caron
Dean
Pepperdine Caruso
School of Law
2013
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Tax Consequences of Superman’s Diamonds
Tax Consquences of Superman's Diamonds (Part 1, Part 2): [I]f Superman crushes carbon and makes diamonds, is that taxable income? … There are two questions here. First, are the diamonds taxable income for Superman (or Clark Kent) and second, are they taxable income for a recipient such as Lois Lane? The answer to the first…
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Johnson & Joulfaian: A Dynamic Analysis of Estate Tax Repeal
Craig E. Johnson & David Joulfaian (both of the U.S. Treasury Department, Office of Tax Analysis), A Dynamic Analysis of Estate Tax Repeal: This paper examines the effects of permanently repealing the estate tax on capital accumulation and output using two different approaches to modeling the economic distortions resulting from the estate tax. In the…
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Elkins: Taxation of Barter Transactions
David Elkins (Netanaya College School of Law, Israel), Taxation of Barter Transactions: Theory, Combination Transactions, and Interest-Free Loans: This is the English abstract of a book recently published by the author in Hebrew entitled Taxation of Barter Transaction: Theory, Combination Transactions, and Interest-Free Loans (Tel-Aviv 2012). The book (and the attached abstract) first discusses the…
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2013 U.S. and European Union Tax Market Assessment
2013 United States and European Union Tax Market Assessment: A Review of Predictions for 2012: What We Saw Coming … As we predicted in last year’s Market Forecast, TaxSearch experienced an across the board, overall increase in search activity similar to 2011. We predicted an increase in activity of 50% and the actual year over…
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A Detailed Overview of the Gift and Generation-Skipping Transfer Taxes
Mark Powell (Chapman) & Andrea Kushner Ross (Karlin & Peebles, Beverly Hills, CA), Fundamentals of Gift Tax: A detailed [80-page] overview of the U.S. gift and generation-skipping transfer taxes.
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Symposium: Perspectives on the Future of Legal Education
Symposium, Perspectives and Distinctions on the Future of Legal Education, 38 Ohio N.U. L. Rev. 847-918 (2012): Renee Newman Knake (Michigan State), Cultivating Learners Who Will Invent the Future of Law Practice: Some Thoughts on Educating Entrepreneurial and Innovative Lawyers, 38 Ohio N.U. L. Rev. 847 (2012) Robert I. Reis (SUNY-Buffalo), Law Schools Under Siege:…
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SSRN Tax Professor Download Rankings
SSRN has updated its monthly rankings of 750 American and international law school faculties and 3,000 law professors by (among other things) the number of paper downloads from the SSRN database. Here is the new list (through March 1, 2013) of the Top 25 U.S. Tax Professors in two of the SSRN categories: all-time downloads…
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McGarry: Dynamic Aspects of Family Transfers
Kathleen McGarry (UCLA, Department of Economics), Dynamic Aspects of Family Transfers: Each year parents transfer a great deal of money to their adult children. While intuition might suggest that these transfers are altruistic and made out of concern for the well-being of the children, empirical tests of the model have consistently yielded negative results. However,…
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Replacing Joint Tax Returns With an Individual Filing System
Erik Baines (J.D. 2012, Richmond), Comment, Filing Status and Today's Families, 47 U. Rich. L. Rev. 729 (2013): Considering changes in societal norms, why should marriage be a relevant factor in tax policy today? Why should a couple suffer a penalty or derive a benefit merely because they are married? With our progressive tax structure,…
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Kahng & Fellows: Undertaxed Business Owners and Overtaxed Workers
Lily Kahng (Seattle) & Mary Louise Fellows (Minnesota), Costly Mistakes: Undertaxed Business Owners and Overtaxed Workers, 81 Geo. Wash. L. Rev. 329 (2012): This article advocates for fundamental changes in the federal income tax base by systematically challenging conventional understandings of consumption and investment. As signaled by our title, “Costly Mistakes,” our thesis has to…
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Wright: Financial Alchemy and Tax Shelter Promoters
Del Wright Jr. (Valparaiso), Financial Alchemy: How Tax Shelter Promoters Use Financial Products to Bedevil the IRS (And How the IRS Helps Them): People often question why tax shelters proliferate and why it is so difficult for the government to stop them. This Article explains, through examples, how tax shelters are structured to be a…
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Clark: A Critique of the ABA’s Role in the Regulation of the Legal Profession
Gerard J. Clark (Suffolk), Monopoly Power in Defense of the Status Quo: A Critique of the ABA's Role in the Regulation of the American Legal Profession, 45 Suffolk U.L. Rev. 1009 (2012): Since its founding in 1878, the American Bar Association (ABA) has served the legal profession in two principal ways: by limiting membership in…
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Foundation Press Publishes Criminal Law Stories (35th Book in the Law Stories Series)
Foundation Press has published Criminal Law Stories (2013), by Donna K. Coker (Miami) & Robert Weisberg (Stanford): This collection of case stories illustrates the balance, continuity, and evolution in substantive criminal law doctrine in light of the social and political contexts in which those doctrines are perennially tested. These stories focus on the pre-litigation behavior…
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Galle: The Effect of National Revenues on Sub-National Revenues
Brian D. Galle (Boston College), The Effect of National Revenues on Sub-National Revenues: Evidence from the U.S.: I present for the first time an empirical examination of the impact of total federal revenues on total sub-national proceeds. Prior theory recognizes that the effects of national revenues on sub-national revenue-raising are ambiguous. Earlier studies have focused…
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Jensen: Legislative and Regulatory Responses to Tax Avoidance
Erik M. Jensen (Case Western), Legislative and Regulatory Responses to Tax Avoidance: Explicating and Evaluating the Alternatives, 56 St. Louis U. L.J. 1 (2012): This article examines statutory and regulatory developments in American anti-avoidance law. After a look at the nature of tax shelters — with that concept defined broadly for these purposes — the…
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Kadet: Full Inclusion, Not Territoriality, Is Best Tax Reform Route
Forbes: Tax And Territoriality: The Corporate 99% Versus The Law School 1%, by Jeffery M. Kadet (U. Washington): Is “territoriality” the only tax reform option to replace our present “deferral” system for taxing U.S. based multinational corporations? Is it inevitable? You might think so from what one often reads in the press. Maybe that’s because…
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Call for Papers: Global Conference on Environmental Taxation
The 14th Global Conference on Environmental Taxation: Environmental Taxation and Green Fiscal Reform for a Sustainable Future to be held at Kyoto University in Kyoto City, Japan, on October 17-19, 2013 has issued a Call for Papers: Environmental taxation (or environmental tax reform) includes not only the reform of carbon and energy taxes but also…
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Urquhart: Why Is Taxpayer Standing Permissive in State Courts and Restrictive in Federal Courts?
Joshua G. Urquhart (Law Clerk, Chief Judge Philip P. Simon, U.S. District Court for the Northern District of Indiana), Disfavored Constitution, Passive Virtues? Linking State Constitutional Fiscal Limitations and Permissive Taxpayer Standing Doctrines, 81 Fordham L. Rev. 1263 (2012): This Article contrasts the permissive state taxpayer standing doctrines in place in most states with the…
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Abreu & Greenstein: A Better Way to Understand the Definition of Income
Alice G. Abreu (Temple) & Richard K. Greenstein (Temple), It’s Not a Rule: A Better Way to Understand the Definition of Income, 13 Fla. Tax Rev. 101 (2012): In a recent article Professor Douglas Kahn explores a particular dissonance between the positive and very broad definition of income that includes all realized accessions to wealth,…
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Sulami: Tax Abuse — Lessons from Abroad
Orly Sulami (SMU), Tax Abuse — Lessons from Abroad, 65 SMU L. Rev. 551 (2012): How does a government distinguish between tax planning and tax abuse? Most democratic societies agree that citizens have a right to limit their tax liability through tax planning. However, governments generally also agree that this right does not extend to…
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Tax Prepayments and the Bankruptcy Estate
C.D. Bradley (J.D. 2012, Kentucky), Note, Giving Up Your Tax Refund to Keep It: Tax Prepayment in the Context of the Bankruptcy Estate, 100 Ky. L.J. 895 (2012): Part I of this note examines how the Bankruptcy Code defines property of the estate, how courts have broadly construed that definition, and how one recent case…
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Rethinking § 104(a)(2)
C. Anthony Wolfe IV (J.D. 2013, Washington & Lee), Note, The Physical Consequences of Emotional Distress: The Need for a New Test to Determine What Amounts Are Excluded from Gross Income under Section 104(a)(2), 69 Wash. & Lee L. Rev. 2273 (2012): Part II of this Note outlines the history of the “personal injury” exclusion…
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FATCA: Toward a Multilateral Automatic Information Reporting Regime
Joanna Heiberg (J.D. 2013, Washington & Lee), Note, FATCA: Toward a Multilateral Automatic Information Reporting Regime, 69 Wash. & Lee L. Rev. 1685 (2012): This Note will argue that international cooperation is essential for successful FATCA implementation. Part II will provide background information on offshore tax evasion and existing U.S. mechanisms for international tax enforcement.…
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Is Law School Worth It?
Price and Perils of JD: Is Law School Worth It?, Washington Lawyer (Mar. 2013): Rocked by a brutal job market and a huge and growing student debt, an increasing number of young lawyers have been asking themselves the same question: Is law school worth it? The case against law school is regularly made in the…