Author: Paul Caron
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Tax Amnesties, Justice Perceptions, and Filing Behavior
Silvia Rechberger, Martina Hartner, Erich Kirchler & Franziska Katharina Hämmerle (all of University of Vienna, Department of Psychology) have published Tax Amnesties, Justice Perceptions, and Filing Behavior: A Simulation Study, 32 Law & Pol'y 214 (2010). Here is the abstract: A simulation study demonstrates the influence of perceived justice of a tax amnesty on subsequent tax compliance. In addition, it
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TaxProf Blog Holiday Weekend Roundup
Saturday: Today's Law, Society, and Taxation Panels Schnider: Are ISOs Dead Because of the AMT? The Promise and Dilemma of Conservation Easements Conservation Easements in Private Practice Sunday: Top 5 Tax Paper Downloads Bartlett: A Pox on Tax Expenditures Today's Law, Society, and Taxation Panel Framing the FairTax Monday: Memorial Day Tax Resources for U.S.
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Memorial Day Tax Resources for U.S. Armed Forces (Plus Their Families & Employers)
Continuing a TaxProf Blog Memorial Day tradition (2009, 2008, 2007, 2006, and 2005), I want to pass along links to the Tax Information for Members of the U.S. Armed Forces material maintained on the IRS web site: The tax laws provide some special benefits for active members of the U.S. Armed Forces, including those serving
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Andrew Beal Appeals Denial of $1.1b DAD Tax Shelter Losses
Following up on my prior post, Court Rejects $1.1b Tax Losses Claimed by Andrew Beal in DAD Tax Shelter (Southgate Masters Fund v. United States, No. 3:06-CV-2335-K (N.D. TX Aug. 18, 2009)): here are the opening briefs filed in the appeal to the Fifth Circuit: Taxpayer's Opening Brief (Mar. 31, 2010) U.S. Government's Opening Brief (May 28, 2010) (Hat Tip:
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Top 5 Tax Paper Downloads
This week’s list of the Top 5 Recent Tax Paper Downloads is the same as last week’s: 1. [1469 Downloads] Pursuing a Tax LLM Degree: Why and When?, by Paul L. Caron (Cincinnati), Jennifer M. Kowal (Loyola-L.A.) & Katherine Pratt (Loyola-L.A.) 2. [456 Downloads] Pursuing a Tax LLM Degree: Where?, by Paul L. Caron (Cincinnati), Jennifer M. Kowal
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Bartlett: A Pox on Tax Expenditures
Bruce Bartlett (Forbes), Spending Through The Tax Code: It's As Bad As Direct Spending: Conservatives are united in their belief that government spends much too much and that spending ought to be cut sharply. But they almost universally ignore de facto spending through the Tax Code even though many tax provisions are functionally identical to spending. These
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Today’s Law, Society, and Taxation Panel
Today's Law, Society, and Taxation panels at the Law & Society Association Annual Meeting in Chicago: Issues in History and Taxation: Current issues in taxation are uniquely affected by the historical development of our current systems of taxation. Papers on this panel will discuss theoretical issues such as fiscal sociology and political economy; and they will
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Framing the FairTax
Peter R. Matejcak (J.D. 2011, Loyola-Chicago) has published Framing the FairTax for the American Consumer: Tax-inclusive? Tax-exclusive? Why Not Both?, 22 Loy. Consumer L. Rev. 391 (2010). Here is part of the Introduction: This note examines the confusion and conflicting tax rate presentation the American consumer faces while researching the FairTax rate. Before analyzing the
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Today’s Law, Society, and Taxation Panels
Today’s Law, Society, and Taxation panels at the Law & Society Association Annual Meeting in Chicago: Line Drawing in Taxation: Taxation raises fundamental questions of line-drawing that must be addressed in the administration of every tax system. Papers in this panel will address a variety of line-drawing issues, ranging from a theoretical assessment of the concept
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Schnider: Are ISOs Dead Because of the AMT?
Bruce J. Shnider (Minnesota) has published Are Incentive Stock Options Dead?, 127 Tax Notes 913 (May 24, 2010): Because gain attributable to incentive stock options (ISOs) is subject to the alternative minimum tax, the apparent tax advantage is lost. As a result, companies may decide to use only non-ISOs. All Tax Analysts content is available through the
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The Promise and Dilemma of Conservation Easements
Zachary Bray (Munger, Tolles & Olson, Los Angeles) has published Reconciling Development and Natural Beauty: The Promise and Dilemma of Conservation Easements, 34 Harv. Envtl. L. Rev. 119 (2010). Here is the abstract: Local and regional private land trusts are among the most important and most numerous conservation actors in contemporary America, and conservation easements
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Conservation Easements in Private Practice
Shea B. Airey (J.D. 2009, South Carolina) has published Conservation Easements in Private Practice, 44 Real Prop. Tr. & Est. L.J. 745 (2010) (winning entry in the 2009-10 Real Property/Trust & Estate Law Student Writing Contest). Here is the abstract: This Article presents an overview of conservation easements that is designed to help practitioners better
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Tax Prof Anne Alstott Leaves Harvard to Return to Yale
Tax Prof Anne Alstott, who moved from Yale to Harvard in 2008, is returning to Yale, effective July 1, 2011. From her Harvard web page: After graduating from law school in 1987, Professor Alstott spent three years as an associate at a Wall Street law firm and two years as an attorney-advisor in the Treasury Department’s Office
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What Do Americans Think About Taxes?
Karlyn Bowman (American Enterprise Institute) has published What Do Americans Think About Taxes? An Update, 127 Tax Notes 917 (May 24, 2010): This article … examines changes in attitudes toward taxes and the deficit since President Obama took office. All Tax Analysts content is available through the LexisNexis® services.
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More on the Glum Employment Prospects for Law Grads
Following up on some recent posts: Did 16 Law Schools Commit Rankings Malpractice? (May 12, 2010) NALP Reports Class of 2009 Employed at 9 Months Data: 88.3% (May 20, 2010) U.S. News Responds to TaxProf Blog Post by Preventing Law Schools From Gaming Employed at Graduation Data (May 21, 2010) Law Grads Urged to Consider Alternative
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Will the Estate Tax Rise From the Grave in 2011 (or Sooner)?
The Tax Foundation today released Federal Estate Tax: Will It Rise From the Grave in 2011 or Sooner?: The scheduled but nevertheless unexpected repeal of the federal estate tax in 2010 and the prospect of its reinstatement in 2011 bring debate over the estate tax, or “death tax,” to the fore again. Some of the
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Today’s Law, Society & Taxation Panels
Today’s Law, Society, and Taxation panels at the Law & Society Association Annual Meeting in Chicago: Charities and Tax Exemption: The rules applying to charitable activities have been in great flux over the last decade. The interactions of private benefits with charitable purposes, the increase in corporate charitable behavior, and charities’ interventions into the political process
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U.S. News Responds to SALT’s Call for a Rankings Boycott
Following up on Tuesday's post, SALT Calls for U.S. News Rankings Boycott: Robert Morse, Director of Data Research at U.S. News, responds in Group Tries to Start Boycott of U.S. News Law School Rankings: Here’s the U.S. News take on this: SALT’s focus on the U.S. News ranking and the use of the LSAT in
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401k and IRA Rollovers Provide Tax-Free Business Start-Up Funding
Bloomberg, Investors Tap Into 401(k) Money Tax-Free for Business Startups, by Amy Feldman: Hal Mottet, a Lake Oswego, Oregon, businessman bought a family-owned packaging company for $3.5 million in late 2007, and he and a partner financed 40% of the sales price with their retirement money. Mottet and his partner used a loophole in U.S.
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GLAD Files Amended Complaint in Lawsuit Challenging Application of DOMA to Tax Code
Following up on my prior post, Lawsuit Challenges Application of DOMA to Tax Code: yesterday, Gay & Lesbian Advocates & Defenders issued a press release, GLAD Files Amended Complaint in DOMA Challenge: GLAD filed an amended complaint this week in our lawsuit challenging Section 3 of the Defense of Marriage Act (DOMA), Gill v. OPM. The
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Gird Your Loins: IRS ‘Wealth Squads’ Are on the Way
Forbes, IRS ‘Wealth Squads’ On The Way, by Donald C. Rocen (Miller & Chevalier, Washington, D.C.): Newly created exam teams will scrub wealthy taxpayers’ hedge funds, trusts and foreign accounts. Those who by anyone’s measure would be considered wealthy, should be on notice: How you acquired and now maintain the wherewithal to be so labeled
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WSJ: The Double Tax Whammy on Carried Interest
Lead editorial in today’s Wall Street Journal, Congress Gets Mean: The Democratic Tax Bill’s Double Whammy on Carried Interest: In the 1999 movie “Payback,” Mel Gibson plays a small-time hood who ruthlessly takes on the mob to reclaim $70,000. At one point, he casually shoots holes in the luggage and suits of a high-living mobster
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Navot Presents Taxation of Compensatory Stock Options Under Tax Treaties at Hebrew University
Yuval Navot (Elieser Kaplan Law Offices, Tel Aviv) presents Taxation of Compensatory Stock Options Under Tax Treaties, 126 Tax Notes 325 (Jan. 18, 2010), at Hebrew University Law School as part of its Tax Law & Policy Colloquium. Here is the abstract: Tax treaties may not provide adequate protection against double taxation and double nontaxation of service providers’ income from
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Faculty/Lawyer Dress Codes: No Flip Flops
I have previously blogged the issue of faculty dress codes: A Law School Dress Code? (Aug. 23, 2007) Jensen on Law School Attire: A Call for a Uniform Uniform Code (Oct. 19, 2007) A Tax Prof Dress Code? (May 19, 2008) Today's Above the Law reports on the Weil, Gotshal & Manges "New York Office
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TIGTA: Has IRS Achieved Goals of 1998 Restructuring and Reform Act?
The Treasury Inspector General for Tax Administration today released its evaluation of whether the goals of the IRS Restructuring and Reform Act of 1998 (RRA 98) have been substantially achieved. The Internal Revenue Service Restructuring and Reform Act of 1998 Was Substantially Implemented but Challenges Remain (2010-IE-R002): RRA 98 was broadly scoped legislation intended to transform