Paul L. Caron
Dean
Pepperdine Caruso
School of Law
Tax Analysts
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Fleming, Peroni & Shay: Viewing GILTI Tax Rates Through A Tax Expenditure Lens
J. Clifton Fleming Jr. (BYU; Google Scholar), Robert J. Peroni (Texas) & Stephen E. Shay (Boston College; Google Scholar), Viewing the GILTI Tax Rates Through a Tax Expenditure Lens, 177 Tax Notes Fed. 1525 (Dec. 12, 2022): In this article, the authors explain that for U.S. corporations earning foreign-source active business income through controlled foreign
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Mason: The EU Arm’s-Length Standard Is Dead
Ruth Mason (Virginia; Google Scholar), Ding-Dong! The EU Arm’s-Length Standard Is Dead, 177 Tax Notes Fed. 1377 (Dec. 5, 2022): In this article, Mason argues that the recent decision by the Court of Justice of the European Union vacating the European Commission’s state aid decision in Fiat is a positive development for the rule of
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Mason: The EU Arm’s-Length Standard Is Dead
Ruth Mason (Virginia; Google Scholar), Ding-Dong! The EU Arm’s-Length Standard Is Dead, 177 Tax Notes Fed. 1377 (Dec. 5, 2022): In this article, Mason argues that the recent decision by the Court of Justice of the European Union vacating the European Commission’s state aid decision in Fiat is a positive development for the rule of
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Parsons: May I Pay More? Lessons From Jarrett For Blockchain Tax Policy
Amanda Parsons (Colorado; Google Scholar), May I Pay More? Lessons From Jarrett for Blockchain Tax Policy, 176 Tax Notes Fed. 2063 (Sept. 26, 2022): In this article, Parsons examines Jarrett, a pending refund suit in which the taxpayers argue that blockchain reward tokens should be included in income only upon sale or exchange (a position
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Parsons: May I Pay More? Lessons From Jarrett For Blockchain Tax Policy
Amanda Parsons (Colorado; Google Scholar), May I Pay More? Lessons From Jarrett for Blockchain Tax Policy, 176 Tax Notes Fed. 2063 (Sept. 26, 2022): In this article, Parsons examines Jarrett, a pending refund suit in which the taxpayers argue that blockchain reward tokens should be included in income only upon sale or exchange (a position
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Johnson: More On The Interest Deduction Ceiling
Calvin H. Johnson (Texas), Annex and Errata on Ceiling on Interest Deductions, 177 Tax Notes Fed. 1251 (Nov. 28, 2022): In this article, Johnson supplements his argument that interest deductions should be limited to a ceiling of the interest rate times adjusted basis, and he clarifies when the remedy is inappropriate, that capitalization doesn’t remedy
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Johnson: More On The Interest Deduction Ceiling
Calvin H. Johnson (Texas), Annex and Errata on Ceiling on Interest Deductions, 177 Tax Notes Fed. 1251 (Nov. 28, 2022): In this article, Johnson supplements his argument that interest deductions should be limited to a ceiling of the interest rate times adjusted basis, and he clarifies when the remedy is inappropriate, that capitalization doesn’t remedy
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Kane: The Dispute Over Perpetual Conservation Easements Just Got Worse
Mitchell A. Kane (NYU), The Dispute Over Perpetual Conservation Easements Just Got Worse, 177 Tax Notes Fed. 1211 (Nov. 28, 2022): In this report, Kane argues that the Supreme Court should not grant certiorari in Oakbrook Land Holdings LLC v. Commissioner, a conservation easement case in which the Sixth Circuit upheld a Treasury regulation regarding
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Kane: The Dispute Over Perpetual Conservation Easements Just Got Worse
Mitchell A. Kane (NYU), The Dispute Over Perpetual Conservation Easements Just Got Worse, 177 Tax Notes Fed. 1211 (Nov. 28, 2022): In this report, Kane argues that the Supreme Court should not grant certiorari in Oakbrook Land Holdings LLC v. Commissioner, a conservation easement case in which the Sixth Circuit upheld a Treasury regulation regarding
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Blue J Predicts: The Economic Substance Doctrine And Excise Tax Credits Related To Alcohol-Fuel Mixtures
Benjamin Alarie (Osler Chair in Business Law, University of Toronto; CEO, Blue J Legal) & Christopher Yan (Senior Legal Research Associate, Blue J Legal), Chemoil: Economic Substance, Tax Credits, and Unprofitable Ventures, 177 Tax Notes Fed. 719 (Oct. 31, 2022): In this article, Alarie and Yan analyze the economic substance arguments in Chemoil, an ongoing refund
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Blue J Predicts: The Economic Substance Doctrine And Excise Tax Credits Related To Alcohol-Fuel Mixtures
Benjamin Alarie (Osler Chair in Business Law, University of Toronto; CEO, Blue J Legal) & Christopher Yan (Senior Legal Research Associate, Blue J Legal), Chemoil: Economic Substance, Tax Credits, and Unprofitable Ventures, 177 Tax Notes Fed. 719 (Oct. 31, 2022): In this article, Alarie and Yan analyze the economic substance arguments in Chemoil, an ongoing refund
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Avi-Yonah: Fixing Tax Law’s APA Problem
Reuven S. Avi-Yonah (Michigan; Google Scholar), Fixing Tax Law's APA Problem, 177 Tax Notes Fed. 981 (Nov. 14, 2022): In this article, Avi-Yonah examines the post-Mayo revolution that has occurred in the application of the Administrative Procedure Act to tax regulations, and he offers two solutions to the problem of using notice and comment for
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Avi-Yonah: Fixing Tax Law’s APA Problem
Reuven S. Avi-Yonah (Michigan; Google Scholar), Fixing Tax Law's APA Problem, 177 Tax Notes Fed. 981 (Nov. 14, 2022): In this article, Avi-Yonah examines the post-Mayo revolution that has occurred in the application of the Administrative Procedure Act to tax regulations, and he offers two solutions to the problem of using notice and comment for
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Call For Papers: 2023 Tax Notes Student Writing Competition
Tax Notes Student Writing Competition: The 2023 submission period for the Tax Notes Student Writing Competition is now open! Each year we recognize superior student writing on unsettled questions in tax law or policy. Learn more about the competition guidelines: Eligibility: The competition is open to any student enrolled in a law, business, or public
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Call For Papers: 2023 Tax Notes Student Writing Competition
Tax Notes Student Writing Competition: The 2023 submission period for the Tax Notes Student Writing Competition is now open! Each year we recognize superior student writing on unsettled questions in tax law or policy. Learn more about the competition guidelines: Eligibility: The competition is open to any student enrolled in a law, business, or public
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Taxation Of NFT Transactions
Michael Lukacs (EY, New York), Oren Margulies (EY, Washington, D.C.) & Lakshmi Jayanthi (EY Boston), ABCs of NFTs: Key Tax Considerations, 177 Tax Notes Fed. 819 (Nov. 7, 2022): In this article, the authors explain what nonfungible tokens (NFTs) are, how various parties engage in NFT transactions, and how NFTs are exploited commercially, and they
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Taxation Of NFT Transactions
Michael Lukacs (EY, New York), Oren Margulies (EY, Washington, D.C.) & Lakshmi Jayanthi (EY Boston), ABCs of NFTs: Key Tax Considerations, 177 Tax Notes Fed. 819 (Nov. 7, 2022): In this article, the authors explain what nonfungible tokens (NFTs) are, how various parties engage in NFT transactions, and how NFTs are exploited commercially, and they
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Cummings: Tax Exceptionalism Is Overblown
Jasper L. Cummings, Jr., Tax Exceptionalism Overblown, 177 Tax Notes Fed. 225 (Oct. 10, 2022): In this article, Cummings argues that the concept of tax exceptionalism has been wildly overstated and used mostly by tax avoiders, and he contends that, unlike some good ideas, the concept isn’t worth overstating. … A large crop of professors,
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Cummings: Tax Exceptionalism Is Overblown
Jasper L. Cummings, Jr., Tax Exceptionalism Overblown, 177 Tax Notes Fed. 225 (Oct. 10, 2022): In this article, Cummings argues that the concept of tax exceptionalism has been wildly overstated and used mostly by tax avoiders, and he contends that, unlike some good ideas, the concept isn’t worth overstating. … A large crop of professors,
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Todd: Bitner And The FBAR’s Muddy Morass—Shining A Light With Interpretive Tools
Following up on this morning’s post, WSJ: The IRS And The 8th Amendment: Timothy M. Todd (Liberty), The FBAR’s Muddy Morass: Shining a Light With Interpretive Tools, 177 Tax Notes Fed. 179 (Oct. 10, 2022): In this report, Todd tackles the question of whether foreign bank account report penalties should apply per account or per
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Todd: Bitner And The FBAR’s Muddy Morass—Shining A Light With Interpretive Tools
Following up on this morning’s post, WSJ: The IRS And The 8th Amendment: Timothy M. Todd (Liberty), The FBAR’s Muddy Morass: Shining a Light With Interpretive Tools, 177 Tax Notes Fed. 179 (Oct. 10, 2022): In this report, Todd tackles the question of whether foreign bank account report penalties should apply per account or per
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Kamin: The Ambition, Limits, And Politics Of The Global Minimum Tax
David Kamin (NYU), Why Book Minimum Taxes? Taking Politics Seriously, 177 Tax Notes Fed. 193 (Oct. 10, 2022): In this article, Kamin explores the political and institutional challenges that the book minimum tax seeks to address, and he concludes that the case for it in the international context is strongest even though it has been
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Kamin: The Ambition, Limits, And Politics Of The Global Minimum Tax
David Kamin (NYU), Why Book Minimum Taxes? Taking Politics Seriously, 177 Tax Notes Fed. 193 (Oct. 10, 2022): In this article, Kamin explores the political and institutional challenges that the book minimum tax seeks to address, and he concludes that the case for it in the international context is strongest even though it has been
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2022 Tax Notes Student Writing Competition Winner: The Intersection Of Tax And The Art Market
Arielle Zhivko (J.D. 2024, Osgoode Hall), Concealed Masterpieces: The Intersection of Taxation and the Art Market, 176 Tax Notes Fed. 2075 (Sept. 26, 2022) (1st Place: Tax Notes Student Writing Competition): In this article, Zhivko explores how the collection of art has morphed into a highly appealing outlet for tax evasion and avoidance and examines
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2022 Tax Notes Student Writing Competition Winner: The Intersection Of Tax And The Art Market
Arielle Zhivko (J.D. 2024, Osgoode Hall), Concealed Masterpieces: The Intersection of Taxation and the Art Market, 176 Tax Notes Fed. 2075 (Sept. 26, 2022) (1st Place: Tax Notes Student Writing Competition): In this article, Zhivko explores how the collection of art has morphed into a highly appealing outlet for tax evasion and avoidance and examines