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Paul L. Caron
Dean
Pepperdine Caruso
School of Law

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  • Pressure Building on Sen. Kerry to Release Wife’s Tax Returns

    Wednesday, May 5, 2004

    Pressure is building on Sen. Kerry to release his wife’s tax returns. The Weekly Standard notes, in a story titled Sugar Mommy, that Sen. Kerry is turning himself into Geraldine Ferraro, Walter Mondale’s running mate who ran aground amidst questions about her husband John Zaccaro’s finances. With the New York Times (here and here) calling for the release of Teresa Heinz Kerry’s tax returns, and Sen. Kerry’s continued dissembling on the issue (e.g., telling Tim Russert on Meet the Press that presidential candidates are required by law to release their tax returns (not true) and that his wife’s refusal to release her tax returns was no big deal because the information is contained in Senate ethcis forms, which are “far more intrusive” than at the time of the Ferraro-Zaccaro flap 28 years ago (also not true), the pressure to release the returns is likely to build in the coming days.

    The Weekly Standard speculates that Sen. Kerry is reluctant to release his wife’s tax returns to avoid embarassing revelations on several fronts:

    • He is a “kept man,” whose campaigns in the past have been indirectly funded by his wife (e.g., by borrowing on sweatheart terms against his 1/2 share of a Beacon Hill townhouse given to him by his wife).

    • Contrary to his populist rhetoric, his wife’s $550 million fortune funds his lavish lifetsyle, complete with palatial homes in Nantucket, Idaho, and Georgetown (as well as Boston and Pittsburgh), along with a Gulfstream jet.

    • His wife’s contributions to various left-wing organizations.

    Thanks to TaxGuru for the tip.

  • Holmes, Smyth & Hutton on Monetary Effects of a Consumption Tax

    Wednesday, May 5, 2004

    James Holmes (SUNY-Buffalo, Dep’t of Economics), David Smyth (Middlesex University Business School) & Patricia Hutton (Canisius College, Dep’t of Economics and Finance) have posted Monetary Effects of a Consumption Tax on SSRN. Here is the abstract:

    This paper analyzes the short-run effects of a consumption tax increase (VAT or national sale tax) on aggregate demand. Because it increases the prices paid by consumers relative to the prices received by suppliers, a consumption tax affects the supply of real money balances, in addition to reducing expenditures. Hence, when a consumption tax replaces an income tax so as to maintain a balanced government budget, the net effect can plausibly be contractionary.

  • CBO Releases Report on the AMT

    Wednesday, May 5, 2004

    The Congressional Budget Office has released a report on the Alternative Minimum Tax, available in both html and pdf. Here is the Introduction:

    For more than three decades, the individual income tax has consisted of two parallel tax systems: the regular tax and an alternative tax that was originally intended to impose taxes on high-income individuals who have no liability under the regular income tax. The stated purpose of the alternative minimum tax (AMT) is to keep taxpayers with high incomes from paying little or no income tax by taking advantage of various preferences in the tax code. The AMT does so by requiring people to recalculate their taxes under alternative rules that include certain forms of income exempt from regular tax and that do not allow specific exemptions, deductions, and other preferences. For most of its existence, the AMT has affected few taxpayers, less than 1 percent in any year before 2000, but its impact is expected to grow rapidly in coming years and affect about one-fifth of all taxpayers in 2010. In her 2003 report to the Congress, the Internal Revenue Service’s National Taxpayer Advocate, Nina Olson, labeled the AMT “the most serious problem faced by taxpayers.”

    Unlike the regular income tax, the AMT is not indexed for inflation. The accumulating effect of inflation is a key source of growing AMT coverage.

    The expanding reach of the AMT imposes costs beyond higher tax liability. Not only must taxpayers complete the regular income tax returns, but more of them will need to complete the AMT forms, whose definitions of taxable income, deductible expenses, and exemptions differ from those of the regular income tax. The required calculations increase both the complexity and time required to comply with tax laws, although computer software may mitigate those costs. Taxpayers’ potential liability for the AMT complicates many of their decisions beyond the tax forms themselves, including when to earn income and when to pay for potentially deductible activities.

    A range of options could address the growth of the AMT. At one extreme, extending the exemption level in effect for 2004 would postpone the expansion of AMT coverage. The revenue consequences of doing so would depend on the duration of the extension: extending it just for 2005 would cut revenues by about $18 billion. Another option–indexing the AMT parameters for inflation–would prevent the alternative tax from growing simply because incomes keep pace with inflation and would lower receipts by $370 billion over the 2005-2014 period. At the other extreme, eliminating the AMT altogether would reduce revenues by nearly $600 billion over the next 10 years under current law.

    The report was prepared by Roberton Williams of CBO’s Tax Analysis Division with the assistance of Kurt Seibert and David Weiner.

  • SOI Releases Report on Aviation-Related Excise Taxes

    Wednesday, May 5, 2004

    The just-released Statistics of Income Bulletin (Winter 2003-04) includes Excise Taxes and the Airport and Airway Trusts Fund, 1970-2002 by Eric Henry. Here is the abstract:

    The Airport and Airway Trust Fund instituted on July 1, 1970 has been affected by legislative changes over the years. These include terminating the Aviation Trust Fund in 1980, then recreating it in the Airport Improvement Act of 1982. Further changes were made in 1990, and excise tax transfers into the Aviation Trust Fund were terminated in 1996, but resumed under the Taxpayers Relief Act of 1997. The Aviation Investment and Reform Act for the 21st Century again revised the Fund in 2000. The events of September, 11, 2001, resulted in passage of the Air Transportation Safety and System Stabilization Act of 2001, under which airlines were able to postpone excise tax payments due between September 10, 2001, and January 15, 2002, until the latter of the two dates.

    The net effect of these changes was to increase receipts from aviation-related excise taxes from $564 million in FY 1971 to $9,090 million in FY 2002, with a peak of $10,395 million in FY 1999. The FY 2002 receipts represented 13.1 percent of all excise taxes as compared to 3.3 percent for FY 1971. The Airport and Airway Trust Fund excise taxes were a reliable source of revenue for the Nation’s aviation systems during the latter part of the 20th century. Receipts from these taxes continue to be the major source of revenue for the Federal Aviation Administration (FAA).

    For related excise tax statistics, see here.

  • DOJ Goes After Tax Protester in Cincinnati

    Tuesday, May 4, 2004

    I know I promised to stay off the tax protester beat, but the Department of Justice today announced it had filed an injunction against alleged local tax scammer Dana Ewell. Ewell is charged with peddling sham trusts to custsomers to conceal income through The Liberty Pure Trust and The Liberty Product Series sold via his !Solutions! Group web site. For a copy of the complaint, see here.

  • NTA Symposium: Tax Policy in Transition

    Tuesday, May 4, 2004

    The National Tax Association will hold its 34th Spring Symposium on Tax Policy in Transition on Thursday, May 20 – Friday, May 21 at the Holiday Inn Capitol in Washington, D.C. Here are the panel programs and speakers:

    Thursday, May 20

    8:45am
    Welcome
    John McClelland (Office of Tax Analysis, Department of the Treasury), Program Chair

    9:00-10:30am
    Revenue and Rules: Effects on the Federal Budget
    Moderator: Eric Engen (American Enterprise Institute)
    Presenters:
    • Where Did Revenues Go? (David Weiner, Congressional Budget Office)
    • The Persistence of Individual and Corporate Capital Gains and Losses (Nicholas Bull, James Cilke & Christopher Giosa, Joint Committee on Taxation)
    • Budget Rules for 2005 and Beyond (Rudolph Penner & C. Eugene Steuerle, The Urban Institute)

    10:45am-12:15pm
    Exploring Selected State and Local Issues
    Moderator: Dennis Zimmerman (Congressional Budget Office)
    Presenters:
    • State Structural Deficits (Bruce Baker, Bureau of Economic Analysis, U.S. Commerce Department; Daniel Besendorfer, University of Freiburg; & Laurence J. Kotlikoff, Boston University)
    • History and Evaluation of the Unfunded Mandates Law (Theresa Gullo, Congressional Budget Office)
    •Is “No Child Left Behind” an Un (or under) funded Federal Mandate? Evidence from Texas
    (Jennifer Imazeki, San Diego State; & Andrew Reschovsky, Wisconsin)

    12:30-2:00pm Luncheon
    Presiding: Thomas S. Neubig (President, National Tax Association)
    Speaker: Harvey S. Rosen (Member, Council of Economic Advisers)

    2:00-3:30pm
    The Role of a Public Policy Economist: Lessons from Bruce Davie’s Career
    Moderator: Allen H. Lerman (Office of Tax Analysis, U.S. Treasury Department)
    Presenters:
    Jousting with Rent Seekers: Bruce Davie and Tax-Exempt Bonds (Dennis Zimmerman, Congressional Budget Office)
    The Costs of State-Sponsored Terrorism: The Case of the Barbary Pirates (J. Thomas Woodward, Congressional Budget Office)
    A Tax Expenditure Budget for Excise Taxes (Lindsay Oldenski, Office of Tax Analysis, U.S. Treasury Department)

    3:45-5:15pm
    Effects of a Changing Pension Landscape on Saving
    Moderator: Karen M. Pence (Federal Reserve Board of Governors)
    Presenters:
    How Will the Changing Pension Landscape Affect Retiree Benefits? (Amy Rehder Harris, Kevin Perese & John Sabelhaus, Congressional Budget Office)
    • Distributional Effects of Tax-Preferred Saving Options (Leonard E. Burman, The Urban Institute; & William Gale & Peter Orszag, The Brookings Institution)
    Pension Reform and Saving (Barry Bosworth & Gary Burtless, The Brookings Institution)

    Friday May 21

    9:00-10:30am
    Corporate Tax Reporting and Compliance
    Moderator: George Plesko (MIT)
    Presenters:
    Corporate Tax Avoidance and the Properties of Corporate Earnings (George Plesko, MIT)
    Lost in Translation: Detecting Tax Shelter Activity in Financial Statements (Gary McGill , Florida; & Edmund Outslay, Michigan State)
    The Evolving Schedule M-3: A New Era of Corporate Show and Tell? (Charles Boynton, Office of Tax Analysis, U.S. Treasury Department; & Lillian Mills, Arizona)

    10:45am-12:15pm
    International Tax Roundtable
    Moderator: Peter Orszag (The Brookings Institution)
    Presenters:
    • Jane Gravelle (Congressional Research Service)
    • Gary Hufbauer (Institute of International Economics)
    • Jonathan Talisman (Capitol Tax Partners)

  • Apinunmahakul & Devlin on Charitable Gaming

    Tuesday, May 4, 2004

    Amornrat Apinunmahakul (Lakehead-Dep’t of Economics) & Rose Anne Devlin (Ottawa-Dep’t of Economics) have posted Charitable Giving and Charitable Gambling: An Empirical Investigation. Here is the abstract:

    Recent decades have witnessed a rapid increase in charitable gaming. Some have suggested that this means that conventional donations to charity will fall. In this paper, we use a rich Canadian data set to examine the relationship between direct contributions to charities and those made indirectly via charitable games. We find that individuals consider these two ways of giving as complementary to each other. Rather than leading to a reduction in conventional donations, direct donations may increase with the increase in charitable lotteries.

  • SOI Releases Projections of 2004-2010 Tax Returns

    Tuesday, May 4, 2004

    The just-released Statistics of Income Bulletin (Winter 2003-04) includes Projections of Returns That Will Be Filed in Calendar Years 2004-2010 by Terry Manzi. Here is the abstract:

    The Internal Revenue Service estimates that the total number of tax returns to be filed in 2004 will reach 226.8 million. With an estimated annual growth rate of 1.6 percent under current tax law and other planning assumptions, the total number expected by 2010 should reach 249.7 million. These totals are comprised of “primary” returns (mostly individual income tax and employment tax returns) and “supplemental” returns (mostly amended returns and documents filed by individuals and corporations requesting extensions of time to file returns). Primary returns account for 92.2 percent of the grand total.

    The most recent projection of electronically-filed (“e-file”) individual income tax returns calls for 59.8 million to be filed in 2004 (out of 131.6 million total of all individual income tax returns); these returns would otherwise be filed on “paper” forms, mostly “short forms” 1040A or 1040EZ. Of the 59.8 million electronically-filed total, about 55.8 million are expected to be “standard” e-file returns, transmitted through an authorized third party, such as a tax practitioner. The remaining 3.9 million should be “TeleFile” returns, filed by touch-tone telephone. Standard e-file returns are expected to increase at an annual rate of 8.9 percent through 2010.

    TeleFile volumes, unlike standard e-file, are expected to drop an average 0.8 percent by 2010 due to migration to other e-file options. As electronically-filed returns increase, the total number of paper individual income tax returns should drop to about 49.4 million by 2010, with the corresponding number of electronically-filed returns increasing to 92.4 million.

    For a related Excel table of data, see here. For more return projections, see here.

    Over the coming week, TaxProf Blog will summarize the remaining Featured Articles and Data Releases in the latest SOI and provide links to the full reports and accompanying tables and statistics.

  • Death of Georgia Tax Prof Larry Blount

    Tuesday, May 4, 2004

    Georgia tax professor Larry Blount died Sunday. He was only 53 years old.

    Photo of Professor BlountProfessor Blount earned his B.A. from Michigan (1972), his J.D. from Cincinnati (1975), and his LL.M. from Columbia (1980). He joined the Georgia law faculty in 1976 and taught federal income tax, partnership tax, corporate tax, tax policy, and law and religion. He wrote several tax books and articles, including Tax Deductions (Warren, Gorham & Lamont, 1982).

    TaxProf Blog sends its condolences to Professor Blount’s family, friends, colleagues, and students. We invite others to share their remembrances of Professor Blount here.

    For the University of Georgia’s announcement of Professor Blount’s death, see here.

  • What Tax Profs Are Reading . . . Caron on Legal Essays on the New York Yankees

    Tuesday, May 4, 2004

    This is the second installment of What Tax Profs Are Reading. The goal is to share with the broader tax community reviews of both tax-related and nontax-related books recently read by tax professors. We invite tax professors to submit book reviews for publication on TaxProf Blog.

    Image of Book JacketIn researching the connection between baseball and law schools for our Moneyball review essay, What Law Schools Can Learn from Billy Beane and the Oakland Athletics, 82 Texas L. Rev. 1483 (2004), we came across Courting the Yankees: Legal Essays on the Bronx Bombers (Carolina Academic Press, 2003), a wonderful collection of 21 essays by law professors, edited by Ettie Ward (St. John’s), on a range of legal issues surrounding the Yankees and their players through the years. The book nicely accomplishes its mission:

    [The book] examines both baseball lore and baseball law. Baseball has been America’s national pastime for over 100 years; law and litigation now pervade every aspect of our society and have increasingly become an American pastime. By focusing on the famous New York Yankees, and incidents involving the team and the Yankee franchise, Courting the Yankees explores a wide range of legal issues as they relate to baseball.

    Part One is devoted to some of the biggest names in Yankee history (Yogi Berra, Joe DiMaggio, Mickey Mantle, and George Steinbrenner) and their run-ins with the law. Surprisingly, some of the biggest Yankee names are not profiled — where are Babe Ruth, Lou Gehrig, Reggie Jackson, etc?

    Part Two covers some notable incidents in Yankee history (injuries resulting from baseballs, Jim Bouton’s tell-all book (Ball Four), the Sports Illustrated woman reporter who sued to gain access to the locker room, the death of Thurman Munson, and George Brett’s pine tar incident).

    Part Three contains various episodes of “scandalous behavior” perpetrated by various Yankees. (As one might expect, this is the longest part of the book.) Topics include various crimes and midemeanors (“foul” language, gambling, drug use, sex scandals, murders) and the role of the “cop” — several baseball commissioners — in policing the Yankee miscreants.

    Part Four discusses various legal issues associated with Yankee Stadium, including its origins and building, as well as the impact of labor and antitrust laws.

    Part Five explores various self-described “bigger issues,” including breaking the color barrier, globalization, and, perhaps of most interest to readers of this blog, tax issues. Jack Williams (Georgia State) takes a tour through the tax problems of Yankees through the years. Some are mentioned only in passing, like Dwight Gooden and Darryl Strawberry. Others are discussed in much greater detail. The longest section explores the tax litigation surrounding Roger Maris’s Anheuser-Busch distributorship. Other tax cases drawing significant discussion are those involving Whitey Ford, George Steinbrenner, and Jeff Pries.

    As a life-long Boston Red Sox fan, I took perverse pleasure in reading about the various legal tangles involving my Yankee nemeses. Although nothing will take the sting away from last year’s Red Sox implosion (or 1986, 1975, . . .), it is comforting to read that the Yankees’ success on the diamond has not been matched in the courtroom. In watching Game 7 last year with my then-13 year old son, and seeing the tears stream down his face as he screamed at Grady Little “Take him out you idiot!,” I was reminded of a great column in the Boston Globe after Game 6 of the 1986 World Series, describing how a father summed up the pain of the Bill Buckner moment to his 10-year son: “They killed your grandfather, they’re killing me, and now the bastards are coming to get you.”

    To see the inaugural installment of What Tax Profs Are Reading, Joel Newman’s review of Perfectly Legal by New York Times tax reporter David Cay Johnston, see here.

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