Author: Paul Caron
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Prof. Rotunda’s Sexual Harassment Case Against George Mason Goes to Trial in June
Following up on my prior post, Prof. Rotunda Sues George Mason for Sexual Harassment: the Washington Times reports that the case is going to trial in June: An ex-assistant secretary of the Air Force who has become a George Mason University Law School professor has asked a federal court to throw out a lawsuit by a
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Raskolnikov: Reforming the Taxation of Derivatives
Alex Raskolnikov (Columbia) has posted Reforming the Taxation of Derivatives — An Overview on SSRN. Here is the abstract: This brief essay outlines three benchmarks for evaluating alternative ways of taxing capital income, summarizes anticipatory, retroactive, and accrual-based proposals for reforming the taxation of derivatives, and offers guidelines for evaluating more limited reforms. It is
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Abrams: Partnership Book-Ups
Howard E. Abrams (Emory) has published Partnership Book-Ups, 127 Tax Notes 435 (Apr. 26, 2010). Here is the abstract: In Rev. Proc. 2009-70, the IRS asked for guidance regarding the proper allocation of partnership built-in gain. This article offers two sets of three recommendations. The first set proposes technical modifications to the computation of allowable book-ups to
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Bishop: A Jurisdictional & Governing Law Quagmire: LLC Charging Orders
Carter G. Bishop (Suffolk) has posted A Jurisdictional & Governing Law Quagmire: LLC Charging Orders on SSRN. Here is the abstract: Is an LLC a necessary party to a charging order action brought by a judgment creditor of a member but not the LLC and, if the LLC was formed in another state, which state
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Taylor: Taxation in Indian Country After Carcieri v. Salazar
Scott A. Taylor (University of St. Thomas) has published Taxation in Indian Country After Carcieri v. Salazar, 36 Wm. Mitchell L. Rev. 590 (2010). Here is the abstract: Federally recognized Indian tribes are governments within our federal legal system. Tribes have aboriginal sovereignty that provides them with inherent governmental powers, such as the power to tax.
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Wisconsin Hosts Conference Today on The Transnationalization of Tax Lawmaking
Wisconsin hosts a conference today on Networks, Norms, and the Transnationalization of Tax Lawmaking: Panel I: Case Study of Brazil — Luis Eduardo Schoueri (University of Sao Paulo Law School, Brazil), Andre Mendes Moreira (Milton Campos School of Law, Brazil) Panel II: Case Studies of China and Turkey — Ruiqing Zhong (Zhejiang University Guanghua Law School, China),
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WSJ: Dividend Tax to Increase From 15% to 43.4%
Wall Street Journal editorial, The Dividend Tax Bill Arrives: Democrats Would Nearly Triple the Top Rate: As the big tax increase day of January 1, 2011 approaches, the Democrats running Congress are beginning to lay out their priorities. Get ready for bigger rate increases than previously advertised. Last week the Senate Budget Committee passed a
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Idaho Seeks to Hire a Tax Visitor
The University of Idaho College of Law seeks to hire a tax visitor for the 2010-11 academic year: Anticipated curricular needs include Basic Income Taxation, Business Entities Taxation, Estate Tax and Planning, and Elder Law. … Interested persons should send a letter of application and resume listing three references to Visiting Faculty Search, University of
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New Issue of Journal of Taxation of Investments
The Journal of Taxation of Investments has published its Spring 2010 issue (Vol. 27, No. 3), with these articles: Todd D. Keator, Basis in a Life Insurance Contract: The Janus Face of Revenue Ruling 2009-13, 27 J. Tax’n Inv. 5 (2010) Matthew Gelfand, Pay Now or Pay Later? Capital Gains Harvesting With Changing Tax Rates, 27 J. Tax’n
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Chronicle: Law School Should Be More Like Medical School
Chronicle of Higher Education, Law Schools Could Take a Hint From Medical Schools on Curriculum Reform, Experts Advise: The nation’s legal-education system needs a major overhaul so that students graduating with more than $100,000 in debt can find jobs in a shrinking market and graduate ready to practice. That was the consensus of most of
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USA Today: ‘Defanged’ IRS Won’t Be Able to Enforce ObamaCare Insurance Mandate
USA Today, IRS Lacks Clout to Enforce Mandatory Health Insurance, by Sandra Block: The IRS processed more than 230 million tax returns last year, paid 127 million refunds and received about 68 million phone calls. The agency is responsible for enforcing a tax code that, at 71,000 pages, makes Anna Karenina look like a comic
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Caron, Kowal, Pratt & Seto: Pursuing a Tax LLM Degree — Where?
Jennifer M. Kowal (Loyola-L.A.), Katherine Pratt (Loyola-L.A.), Theodore P. Seto (Loyola-L.A.) and I have posted Pursuing a Tax LLM Degree: Where? on SSRN. Here is the abstract: This Article and a related article, Pursuing a Tax LLM Degree: Why and When?, provide information and advice about Tax LLM programs to American law students and JD graduates who
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2010 Tannenwald Tax Writing Competition
For students writing tax seminar papers this semester: the Theodore Tannenwald, Jr. Foundation for Excellence in Tax Scholarship and American College of Tax Counsel are sponsoring the 2010 Tannenwald Writing Competition: Named for the late Tax Court Judge Theodore Tannenwald, Jr., and designed to perpetuate his dedication to legal scholarship of the highest quality, the Tannenwald
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ABA Tax Section Publishes Spring 2010 Issue of News Quarterly
The ABA Tax Section has published 29 News Quarterly No. 3 (Spring 2010): Hot Topics and Current Developments in Circular 230, by Christine L. Weingart (Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, Orlando, FL), pp. 1, 12-13 Section Meeting Calendar, p. 2 From the Chair (Stuart M. Lewis) (Buchanan Ingersoll & Rooney, Washington, D.C.), pp. 3, 17 Tax
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Hellerstein & Gillis: The VAT in the European Union
Walter Hellerstein (Georgia) & Timothy H. Gillis (KPMG) have published The VAT in the European Union, 127 Tax Notes 461 (Apr. 26, 2010): One of the key issues to be addressed in the United States would be coordinating a federal VAT with state and local retail sales taxes. In addition to having the VAT of broadest application in
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Lee: The Role of Danielson in the Taxation of Credit Card Securitizations
Grace Soyon Lee (Alabama) has published What's in a Name?: The Role of Danielson in the Taxation of Credit Card Securitizations, 62 Baylor L. Rev. 110 (2010). Here is the abstract: While the doctrine of substance over form has been a part of tax law for over seventy years, courts look disfavorably upon taxpayers who
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District Court Rejects Merck’s Request for New Trial in $690m Assignment of Future Income Tax Shelter
I previously blogged the district court's rejection of a $690 million assignment of future income tax shelter in Schering-Plough v. United States, 651 F.Supp.2d 219 (D.N.J. 2009). The district court today rejected the taxpayer's motion for a new trial. Merck & Co., Inc. v. United States, No. 05-2575 (D.N.J. Apr. 28, 2010) Hat Tip: Richard Jacobus.)
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Florida Tax Review Publishes New Issue
The Florida Tax Review has published Vol. 10, No. 1: John F. Avery Jones (Judge, Upper Tribunal (Tax and Chancery Chamber), UK),
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The U.S. News Rankings, Employment Statistics, and Consumer Protection
Consumer Law & Policy Blog, The US News Rankings, Employment Statistics, and Consumer Protection, by Jeff Sovern (St. John’s): In ranking law schools, US News takes into account the percentage of students who are employed at graduation and nine months after graduation. This has led to reports that are interesting, to say the least. … These
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Houston Business & Tax Law Journal Publishes New Issue
The Houston Business & Tax Law Journal has published Vol. 9, Part 2 (2009): Geraldine Szott Moohr, Introduction: Tax Evasion as White Collar Fraud, 9 Hous. Bus. & Tax J. 207 (2009) Stuart P. Green,What Is Wrong with Tax Evasion?, 9 Hous. Bus. & Tax J. 220 (2009) Robert Edwin Davis & Danny S. Ashby, The Role
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Charlotte Seeks to Hire Associate Dean for Faculty Development
The Charlotte School of Law seeks to hire an Associate Dean for Faculty Development: Primary Duties & Responsibilities: Support and manage faculty recruitment, development, mentoring, retention and promotion; Exemplify and promote excellence in teaching, scholarship, and skills development; develop faculty recognition process which will include both internal and external recognition; Create an infrastructure of support for
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Students at Private Colleges Get 0.30 Higher GPAs, Improving Their Chances for Law School Admission
Teachers College Record, Grading in American Colleges and Universities GradeInflation.com New York Times Economix, Want a Higher G.P.A.? Go to a Private College The Faculty Lounge, The Advantage of Sending Your Child to a Private College or University The Daily Princetonian, Average GPA Is 3.0 at Public Universities, 3.3 at Private Schools Yale Daily News, Higher
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The Law School Tuition Bubble
Conglomerate, Minding Our Own Business Forum: Bubbles, Student Loans and Sub-Prime Debt, by Christine Hurt (Illinois) ABA Journal, Law Prof Sees Parallels Between Tuition Hikes and Subprime Mortgage Bubble, by Debra Cassens Weiss Above the Law, The Next Bubble: Law School Tuition, by Elie Mystal Chicago Tribune, Law School Tuition Hikes Spark Talk of Bubble, by
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Court: Pole Dancing Does Not Qualify for Artistic Exception to Sales Tax
New York Law Journal, Pole Dancing Is Not Art, N.Y. Tax Appeals Panel Rules: The gyrations of a pole dancer may be difficult to execute, but that does not make them art, a New York state tax appeals board has concluded in rejecting an administrative law judge's finding that the exotic dancing qualifies for a