Author: Paul Caron
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WSJ: Increased IRS Scrutiny of Small Charities Is Unnecessary and Harmful
Wall Street Journal op-ed, The IRS Cracks Down on Small Charities: The Government Has No Business Deciding What Causes Are Worthy of Support, by Suzanne Garment & Leslie Lenkowsky (both of the Center on Philanthropy at Indiana University): For many small charities in the United States, May 17 may be remembered as the day their
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UC-Berkeley Asks Incoming Freshmen for DNA Sample to Measure Ability to Metabolize Alcohol
New York Times, College Bound, DNA Swab in Hand, by Tamar Lewin: Instead of the usual required summer-reading book, this year’s incoming freshmen at the University of California, Berkeley, will get something quite different: a cotton swab on which they can, if they choose, send in a DNA sample. The university said it would analyze
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Langbein: Trust Law’s Limits on the Settlor’s Power to Direct Investments
John H. Langbein (Yale) has published Burn the Rembrandt? Trust Law’s Limits on the Settlor’s Power to Direct Investments, 90 B.U. L. Rev. 375 (2010). Here is part of the Introduction: In the December 2008 issue of the Boston University Law Review, Jeffrey Cooper published an article [Empty Promises: Settlor’s Intent, The Uniform Trust Code,
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2010 Law School Commencement Speakers
Albany: Richard Wesley (Judge, U.S. Court of Appeals for the Second Circuit) American: Eric Holder (Attorney General, United States) Arizona: Raul Castro (Former Arizona Governor and U.S. Ambassador to Argentina, Bolivia, and El Salvador) Arizona State: Rebecca White Berch (Chief Justice, Arizona Supreme Court) Arkansas-Fayetteville: Annabelle Imber Tuck (Justice, Arkansas Supreme Court) Baltimore: Frank Kratovil (Member,
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Senate Estate Tax Deal Falls Apart
The Hill, Kyl: Senate Deal Off on Estate Tax: An agreement has fallen apart on an estate tax proposal that had appeared resolved between Senate Democrats and Republicans, a lead negotiator said Tuesday. Senate Minority Whip Jon Kyl (R-Ariz.) said the accord, which was all but forged a week ago, began to dissolve Monday night and
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House Holds Hearing Today on Tax and Internet Gambling
The House Ways & Means Committee holds a hearing this morning on Tax Proposals Related to Legislation to Legalize Internet Gambling. From the hearing announcement: The Committee will discuss the current tax laws and reporting requirements applicable to wagering in the United States. The Committee will consider tax and other proposals in the Committee’s jurisdiction
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Elkins: Redistributive Taxation and the Constitutional Protection of Property
David Elkins (Netanaya College School of Law, Israel; Visiting Professor, SMU) has posted Redistributive Taxation and the Constitutional Protection of Property, in Bridging a Sea. Constitutional and Supranational Limitations to Taxing Powers of the States Across the Mediterranean Sea (Aracne Editrice, 2009), on SSRN. Here is the abstract: The Fifth Amendment to the Constitution provides
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IRS to Provide Guidance to Charities That Missed Yesterday’s Deadline to Maintain Their Tax-Exempt Status
Following up on yesterday's post, 365,000 Charities to Lose Their Tax-Exempt Status at Midnight Tonight: the IRS today posted this message from Commissioner Doug Shulman on its website: Now that the May 17 filing deadline has passed, it appears that many small tax-exempt organizations have not filed the required information return in time. These organizations
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New Tax May Reduce Use of Tanning Beds
Miller-McCune, Extending the Sin Tax to the Tanning Bed: A little-known provision in the United States’ divisive new health care reform package might be effective in reducing tanning bed use. The legislation imposes a 10% tax on indoor tanning to help pay for health care reform. The bill originally taxed cosmetic surgery at 5% —
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Hines, Horwitz & Nichols: Tax-Exempt Status for Low-Profit LLCs
James R. Hines Jr. (Michigan), Jill R. Horwitz (Michigan) & Austin Nichols (Urban Institute) have published The Attack on Nonprofit Status: A Charitable Assessment, 108 Mich. L. Rev. 1179 (2010). Here is the abstract: American nonprofit organizations receive favorable tax treatment, including tax exemptions and tax-deductibility of contributions, in return for their devotion to charitable
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The 18 Most-Cited Tax Faculty
Brian Leiter (Chicago) has finalized his ranking of the Highest Impact Faculty in 13 Areas of Specialization, including tax, as measured by citations during the past five years (Jan. 1, 2005 – Jan. 15, 2010): Rank Tax Prof Citations Age 1 Michael Graetz (Yale) 370 66 2 Daniel Shaviro (NYU) 310 53 3 David Weisbach (Chicago) 300 47 4
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Bradley Center Hosts Discussion Today on Ray Madoff’s Immortality and the Law: The Rising Power of the American Dead
The Bradley Center for Philanthropy and Civic Renewal of the Hudson Institute hosts Dawn of the Dead? today: A donor may set up a charitable foundation in perpetuity, and the foundation’s trustees are obligated to carry out the donor’s intent. These two defining features of the American legal system afford donors a form of immortality, writes
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Canadian Law Faculty = ‘Psychotic Kindergarten’
The Guardian, Improbable Research: Canadian Law Faculties 'Like Psychotic Kindergartens': A mighty steam organ of an article, adorned with the title University Legal Education in Canada is Corrupt Beyond Repair, blasts forth in the October 2009 issue of the scholarly journal Interchange. It's the handiwork of Robert Martin, professor of law, emeritus, at the University
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District Court Rejects $327m ‘Son-of-Boss’ Tax Shelters Claimed by Former U.S. Ambassasor Richard Egan
The U.S. District Court in Massachusetts yesterday sided with the IRS in a 357-page opinion and disallowed two tax shelters used by the EMC Corp. founder (and ambassador to Ireland under President George W. Bush) RIchard J. Egan and his wife generating $160 million of ordinary losses and $167 million of capital losses. Fidelity International Currency Advisor A Fund
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Cowan: Nonprofits and the Sales and Use Tax
Mark J. Cowan (Boise State University, Department of Economics) has posted Nonprofits and the Sales and Use Tax, 10 Fla. Tax Rev. ___ (2010), on SSRN. Here is the abstract: States vary in the application of their sales and use tax regimes to nonprofit organizations. Some states grant broad exemptions, others limit exemptions to an enumerated
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Lily Batchelder Named Chief Tax Counsel of Senate Finance Committee
Senate Finance Committee Chairman Max Baucus today named Tax Prof Lily L. Batchelder (NYU) as Chief Tax Counsel. From the press release: “I’m glad to welcome Lily back to the Senate Finance Committee’s tax team. Lily’s wide range of experience and expert knowledge of tax and public policy make her an invaluable advisor to the Finance Committee as
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Our Tax System Can’t Collect More Than 20% of GDP in Taxes
Wall Street Journal op-ed, The Revenue Limits of Tax and Spend: Whether Rates Are High or Low, Evidence Shows Our Tax System Won’t Collect More Than 20% of GDP, by David Ransom: The nearby chart shows how tax revenue has grown over the past eight decades along with the size of the economy. It illustrates
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Obama’s Recess Appointee to Head Customs and Border Protection Did Not Follow Law in Hiring Domestic Help Ten Times
Senate Finance Committee, Hearing Statement of Senator Max Baucus (D-Mont.) Regarding the Nomination of Alan Bersin to be Commissioner of Customs: Mr. Bersin, President Obama has appointed you Commissioner of Customs and Border Protection, or CBP. As such, you and the agency that you lead must display the traits that President Roosevelt defined as indelibly
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Celebrity Tax Troubles
Corbin Bernsen, actor, $94,681 California tax lien Mel Blount, former Pittsburgh Steeler, $652,000 IRS tax liens Toni Braxton, singer, $396,330 IRS tax lien Jeff Bridges, actor, $23,997 IRS tax lien Judy Collins, singer, $116,780 IRS tax lien, $34,072 New York tax lien Janice Dickinson, supermodel, $83,226 California tax liens Faith Evans, singer, $156,181 ITS tax
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Call for Tax Papers
The American Society of International Law International Economic Law Interest Group (IEcLIG) has issued a caff for papers for its next biennial conference on International Economic Law in a Time of Change: Reassessing Legal Theory, Doctrine, Methodology and Policy Prescription to be held November 18-20, 2010, at the University of Minnesota Law School: The start of
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More on Pepperdine Dean Ken Starr’s Departure for Baylor Presidency
Following up on my prior post on Pepperdine Dean Ken Starr's decision to become President of Baylor University: in this week's Chronicle of Higher Education, Love Him or Hate Him, Ken Starr Will Try to Unify Baylor: The name Ken Starr conjures images of Whitewater or Monica Lewinsky, and many people think of him as a conservative ideologue
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365,000 Charities to Lose Their Tax-Exempt Status at Midnight Tonight
Following up on my prior post, USA Today, Thousands of Non-Profits Could Unwittingly Lose Tax Status, by Sandra Block: Hundreds of thousands of small non-profits, from Little League teams to community soup kitchens, could lose their tax-exempt status on Monday because of an IRS filing requirement. The 2006 Pension Protection Act included a provision requiring
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Do As the IRS Says, Not As It Does
Washington Examiner editorial, Do As the IRS Says, Not As It Does: Important government documents are often shielded from Freedom of Information Act requests because of an exemption in the law that allows federal departments and agencies to withhold materials created before the issuance of an official policy. It's known as the "internal deliberative process"
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KPMG: U.S. Total Tax Burden Increased in 2010
KPMG has released Competitive Alternatives 2010 Special Report: Focus on Tax: Mexico remains in the number one spot for having the lowest total taxes, but that changes to the tax systems in Australia, Canada, and the Netherlands that have enhanced their attractiveness as tax friendly environments. The report assesses the general tax competitiveness of 95