a surfer in front of the malibu pier on a sunny day

Paul L. Caron
Dean
Pepperdine Caruso
School of Law

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  • Waller: Dynamic Taxation, Private Information and Money

    Christopher J. Waller (University of Notre Dame, Department of Economics) has posted Dynamic Taxation, Private Information and Money on SSRN.  Here is the abstract:

    The objective of this paper is to study optimal fiscal and monetary policy in a dynamic Mirrlees model where the frictions giving rise to money as a medium of exchange are explicitly modeled. The framework is a three period OLG model where agents are born every other period. The young and old trade in perfectly competitive centralized markets. In middle age, agents receive preference shocks and trade amongst them- selves in an anonymous manner. Since preference shocks are private information, in a record-keeping economy, the planner’s constrained allocation trades off efficient risk sharing against production efficiency in the search market. In the absence of record-keeping, the government uses flat money as a substitute for dynamic contracts to induce truthful revelation of preferences. Inflation affects agents’ incentive constraints and so distortionary taxation of money may be needed as part of the optimal policy even if lump-sum taxes are available.

  • ABA Tax Section Webcast Today on Tax-Exempt Bonds & Green Energy

    ABA Tax The ABA Tax Section offers a teleconference and webcast today on Public and Private Municipal Financing of Renewable Energy Projects and Green Expenditures from 1:00 – 2:30 p.m. EST:

    This teleconference will explore the various ways municipal bonds can be utilized in connection with the public and private development of new energy technologies and renewable energy projects. Our panel will identify and discuss the panoply of municipal bonds available to finance the different types of energy facilities including Qualified Energy Conservation Bonds, Qualified School Construction Bonds, Solid Waste Exempt Facility Bonds, Build America Bonds, Recovery Zone Facility Bonds, Cogeneration Exempt Facility Bonds and Recovery Zone Economic Development Bonds etc.

    To be complete, the panel will highlight the other tax incentives which may be considered in combination with municipal financing including the production tax credit, investment tax credit, depreciation and expense deductions, as well as guarantee and grant programs.

    Our panel will then examine and critically discuss the general tax policy themes behind taxable Build America and Recovery Zone Economic Development Bonds and the various types of tax-credit bonds. Hear our panel further address what municipal finance may likely look like in the future. Will Internal Revenue Code Section 103 be gradually replaced by Code Sections 54 and 54AA?

    Speakers:

    • Jeremy A. Spector (Partner, Mintz Levin, New York) (moderator)
    • Gary W. Bornholdt (Counsel, Nixon Peabody, Washington, D.C.)
    • John Buckley (Chief Democratic Tax Counsel, House Ways & Means Committee)
    • John J. Cross, III (Associate Tax Legislative Counsel, Office of Tax Policy, U.S. Department of the Treasury)
    • Laura Ellen Jones (Partner, Hunton & Williams, Richmond)
    • Stanley Langbein (Professor, University of Miami School of Law)
  • Stanford Law Grad-Call Girl Sentenced to Home Confinement Following Guilty Plea in Tax Evasion Case

    I previously blogged (here, here, and here) the case of 2001 Stanford Law Grad Cristina Warthen, who pled guilty in January 2009 in California federal district court to failing to pay taxes on $133,717 she earned as a prostitute in 2003 (United States v. Warthen, No. CR-08-682).  From today's New York Daily News, Law School Grad Turned Call Girl Cristina Warthen Under House Arrest After Cheating the Government:

    Stanford Law School grad turned escort Cristina Warthen, previously Christina Shultz, continues to strut her stuff on the web, despite house arrest after cheating on her taxes. …

    In a plea deal with the government, Warthen has been fitted with an electronic monitoring device while sentenced to one year of home detention, as well as three years' probation. … In a San Jose, Calif., federal court, U.S. District Judge James Ware forced restrictions on Warthen’s escort advertisements while on probation. According to Mercury News, the restriction on advertisements occurred once Assistant U.S. Attorney David Callaway told Ware that the former escort had posted Internet ads claiming "companionship" for $2,000 a night.

  • Chorvat Presents The Effect of the Taxation of Risky Income on Investment Behavior Today at Toronto

    Terrence Chorvat (George Mason) presents The Effect of the Taxation of Risky Income on Investment Behavior at the University of Toronto today as part of the James Hausman Tax Law and Policy Workshop Series.  Here is the abstract:

    Domar and Musgrave’s article concerning the effects of a full-loss-offset income tax has been a staple of the public finance literature since 1944. Their model of investor behavior with a full-loss-offset income tax predicts that if a variety of conditions are met, investors should shift their portfolios to higher-risk assets since the government is sharing the risk. Their model assumes that taxpayers are capable of calculating their risk preference under a risk-altering tax structure. Despite the model’s prominent role in the literature, the extent to which its predictions match actual economic behavior has yet to be directly empirically examined. In this paper, we use a laboratory experiment to test the hypothesis that individuals are willing to accept more risk when faced with a full-lossoffset income tax. Preliminary data in this experiment indicate that a symmetrical income tax has either no affect on portfolio allocation or might reduce an investor’s willingness to take on risk. These results imply that the model’s predictions may be reliant on unreasonable assumptions of human behavior.

  • Tax Court: CPA’s Google Search Does Not Constitute Reasonable Cause to Avoid Penalty

    The Tax Court yesterday held that a Google search did not constitute reasonable cause to excuse a Harvard MBA/ CPA's failure to properly rollover a $150,000 IRA distribution.  Woodard v. Commissioner, T.C. Summ. Op. 2009-150 (Sept. 28, 2009):

    Mr. Woodard asks the Court to accept that his research on the Internet using the Google search engine provided him with reasonable cause for the position he took when filing his 2004 Federal income tax return; to wit, not reporting IRA distributions he commingled with other funds by depositing the distributions into his checking account because he later invested those funds in private mortgages. Mr. Woodard has not provided the Court with any information about the sources of the information he found on the Internet.

    Good-faith reliance on advice from an independent, competent professional as to the tax treatment of an item may meet the reasonable cause requirement. …  Mr. Woodard claims that he relied on information found on unspecified Web sites written by unidentified individuals or organizations. From the record, it is not clear that he questioned the provenance or accuracy of the information he found through the Google search engine.FN.

    FN: We recognize that petitioner had not worked as an accountant for years before filing the 2004 return, but his accounting degree, M.B.A., and C.P.A. training, no matter how stale, undoubtedly taught him what sources could be relied upon as definitive; such as, for example, the Internal Revenue Code and the income tax regulations, both of which are readily available on the Internet.

    Without knowing the sources of the information, it is impossible for the Court to determine that those sources were competent to provide tax advice. Accordingly, we cannot conclude that Mr. Woodard exercised ordinary business care and prudence in selecting and relying upon the information he found on line. As a result, we find that he has not shown reasonable cause for failing to report the distributions from his IRA on the 2004 Federal income tax return.

    For more, see Joe Kristan.

  • Larson: Evidence Rules in the Tax Court

    Tax Lawyer LogoJoni Larson (Thomas Cooley) has published Tax Evidence III: A Primer on the Federal Rules of Evidence as Applied by the Tax Court, 62 Tax Law. 555 (2009). Here is part of the Introduction:

    This Article surveys the Tax Court’s interpretation and application of the [Federal Rules of Evidence]. The Article does not discuss the application of the Rules by federal district courts, the Court of Federal Claims, or the federal circuit courts of appeals, except to the extent that there is a split of authority in the circuit courts. Appendix A identifies those Rules that have not been addressed or interpreted by the Tax Court in its opinions. Appendix B provides a tabular summary of the Rules most commonly used in the Tax Court and their various foundational requirements.

  • Judge Drops Charges Against Cop for Oral Sex With Five Calves

    Nontax, but too weird to be ignored — from the Philadelphia Daily News:

    [A] Superior Court judge dismissed animal-cruelty charges against a Moorestown police officer accused of sticking his penis into the mouths of five calves in rural Southampton in 2006, claiming a grand jury couldn't infer whether the cows had been "tormented" or "puzzled" by the situation or even irritated that they'd been duped out of a meal

     "If the cow had the cognitive ability to form thought and speak, would it say, 'Where's the milk? I'm not getting any milk,' " Judge James J. Morley asked.

    Children, Morley said, seemed "comforted" when given pacifiers, but there's no way to know what bovine minds thought of Robert Melia Jr. substituting his member for a cow's teat.

  • 50 State Ranking of Median Real Estate Tax/Median Home Value

    Following up on last week's post, 50 State Ranking of Median Real Estate Taxes Paid: several readers commented that they would like to see a 50 state ranking of median real estate taxes paid as a percentge of median home values.  From the Tax Foundation [click on chart to enlarge]:

    Property_tax_median_rate

  • Leviner & Richison: The Role of Paid Preparers in Taxpayer Compliance

    Sagit Leviner (Ono Academic College, Israel) & Kyle Richison (IRS Office of Research, Analysis, and Statistics) have posted The Role Paid Preparers Play in Taxpayer Compliance in the United States: An Empirical Investigation with Policy Implications on SSRN.  Here is the abstract:

    This paper underscores the growing need to shed better light on paid preparers and their effect on the tax system and its administration. The paper undertakes an empirical analysis of U.S. individual tax returns based on (1) tax return characteristics (by line item and type of return), and (2) preparation mode (self or paid prepared return; if paid – whether by lawyer, CPA, enrolled agent or other) as the independent variables. The dependent variable applied is the compliance or noncompliance of these returns. In a second stage of the analysis where noncompliance is found, a taxonomy of the errors identified will be explored to examine whether certain types of errors are associated with the independent factors. By offering a taxonomy of errors and forming a web of associations between these errors and the independent variables, the paper seeks to explore both the motivations behind and facilitators of tax noncompliance as well as the strategies to curb them so as to more effectively foster taxpayer compliance. The analysis draws from 3,457 returns where the taxpayer claimed an Earned Income Tax Credit (EITC) for Tax Year 1999. These returns have all been subject to either face-to-face or correspondence audit and provide a uniquely thorough pool of raw data that is presently unavailable for the general population.

  • SSRN Tax Professor Rankings

    SSRN

    SSRN has updated its monthly rankings of 609 American and international law school faculties and 1,500 law professors by (among other things) the number of paper downloads from the SSRN data base.  Here is the new list (through September 18, 2009) of the Top 25 U.S. Tax Professors in two of the SSRN categories: all-time downloads and recent downloads (within the past 12 months):

     

     

    All-Time Downloads

     

    Recent Downloads

    1

    Louis Kaplow (Harvard)

    14,529

    Reuven Avi-Yonah (Michigan)

    3965

    2

    Vic Fleischer (Colorado)

    12,615

    Dennis Ventry (UC-Davis)

    3208

    3

    Reuven Avi-Yonah (Michigan)

    12,358

    James Hines (Michigan)

    2365

    4

    James Hines (Michigan)

    11,418

    Bradley Borden (Washburn)

    2103

    5

    Chris Sanchirico (Penn)

    9135

    Wendy Gerzog (Baltimore)

    1886

    6

    David Walker (BU)

    8642

    Vic Fleischer (Colorado)

    1831

    7

    David Weisbach (Chicago)

    8134

    Louis Kaplow (Harvard)

    1764

    8

    Dennis Ventry (UC-Davis)

    8115

    David Weisbach (Chicago)

    1652

    9

    Ed McCaffery (USC)

    8000

    Ruth Mason (Connecticut)

    1623

    10

    Paul Caron (Cincinnati)

    7564

    Francine Lipman (Chapman)

    1550

    11

    Robert Sitkoff (Harvard)

    7245

    David Walker (BU)

    1506

    12

    Ted Seto (Loyola-L.A.)

     7042

    Bridget Crawford (Pace)

    1484

    13

    Steven Bank (UCLA)

    6191

    Karen Burke (San Diego)

    1434

    14

    Richard Kaplan (Illinois)

    6034

    Erik Jensen (Case Western)

    1406

    15

    David Schizer (Columbia)

    5751

    Carter Bishop (Suffolk)

    1401

    16

    Francine Lipman (Chapman)

    5523

    Bryan Camp (Texas Tech)

    1290

    17

    Bradley Borden (Washburn)

    5478

    Michael Knoll (Penn)

    1261

    18

    Michael Knoll (Penn)

    5195

    Ed McCaffery (USC)

    1248

    19

    Daniel Shaviro (NYU)

    4904

    Lily Batchelder (NYU)

    1155

    20

    Wendy Gerzog (Baltimore)

    4776

    Allison Christians (Wisconsin)

    1140

    21

    Terrence Chorvat (G. Mason)

    4488

    Richard Kaplan (Illinois)

    1114

    22

    Bridget Crawford (Pace)

    4135

    Tom Brennan (Northwestern)

    1092

    23

    Leandra Lederman (Indiana)

    4097

    Steven Bank (UCLA)

    1047

    24

    Ruth Mason (Connecticut)

    3997

    Chris Sanchirico (Penn)

    1026

    25

    Erik Jensen (Case Western)

    3882

    Brian Galle (Florida State)

    1024

    (more…)

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