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Paul L. Caron
Dean
Pepperdine Caruso
School of Law

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  • Marr on Estate Planning Implications of Same-Sex Marriage

    Tuesday, June 8, 2004

    Jeremy Marr has posted The Estate Planning Implications of Goodridge v. Department of Public Health for Massachusetts Same-Sex Couples on SSRN. Here is the abstract:

    In November 2003, the Supreme Judicial Court of Massachusetts (the “SJC”) held in Goodridge v. Department of Public Health that the Massachusetts Constitution protects the right of same-sex partners to marry. In Goodridge, the SJC noted several “protections, benefits, and obligations” married couples enjoy that are not available to committed, unmarried partners. This paper explores the effect of the Goodridge decision on the estate planning activities of same-sex couples who choose to marry. Part I reviews the elements of comprehensive estate planning for unmarried partners. Part II explores the areas of estate planning Goodridge most affects. Finally, Part III explores the areas of estate planning that Goodridge and the Federal Defense of Marriage Act leave relatively intact.

  • Another Call To Tax Prof Scholarly Action

    Tuesday, June 8, 2004

    Following yesterday’s call for Tax Profs to become more engaged in the Law & Society Annual Meeting, David Brennen (Mercer) makes a similar plea on behalf of the Association for the Study of Law, Culture, and the Humanities (ASLCH):

    ASLCH’s website states:

    ASLCH is dedicated to establishing links between scholars who work in both law and the humanities. We sponsor an annual conference where interested scholars from disciplines including Law, English, Comparative Literature, History, Philosophy, Classics, Linguistics, Religion, Anthropology, and Cultural Studies can meet and discuss their latest work. The ASLCH hopes to encourage interdisciplinary scholarship that brings together the best of the various humanities and legal approaches and methods.

    I like ASLCH because the panels are centered around broad theoretical themes, of which tax law may be a component. I am working on alternatives to the traditional law and economics approach to law, with a particular focus on law and market theory as it relates to the federal income tax exemption. If anyone is working on something similar and is interested in possibly putting together a thematic panel which is exclusively (or only partially) tax-focused, please let me know.

    Another TaxProf Blog tip of the hat to Professor Brennen for his efforts!

  • The Fat Tax

    Tuesday, June 8, 2004

    From the you knew it was coming department: there is a growing clamor in the blogosphere for various “fat taxes” to address the obesity problem in the U.S. Calls for a “fat tax” come from the World Health Organization and The Center for Consumer Freedom, among others. The term apparently was coined in a a December 2002 Atlantic Monthly article.Southern Appeal describes a variety of such taxes, including a sliding scale based on the fat content of foods. The Evangelical Outpost offers, tongue-in-check I think, a “tubby tax.”

  • IRS Announces Progress on Tax Shelter Front

    Monday, June 7, 2004

    The IRS announced today that its partnership with the states already has borne fruit in the war against tax shelters. Here’s the opening of the announcement:

    The Internal Revenue Service announced today it has seen promising early results from a partnership with the states to target abusive tax avoidance schemes.
    So far, the IRS and states have uncovered tens of millions of dollars in previously unidentified abusive transactions during the early stages of the program.
    “We are pleased with the initial progress on this partnership,” said IRS Commissioner Mark W. Everson. “We’ve already shared 28,000 leads with the states. We’re going to build on this effort to pursue cheaters and expand the program to attack money laundering.”

    For the full text of Information Release 2004-77, see here. For more IRS tax shelter news, see here.

  • Supreme Court Grants Certiorari in Rousey v. Jacaway

    Monday, June 7, 2004

    The U.S. Supreme Court today granted certiorari in Rousey v. Jacoway (No. 03-1407), which raises the important issue of whether federal bankruptcy law protects IRAs from creditors. The 8th Circuit ruled that IRAs are unlike pensions and annuities and thus not protected in bankruptcy.

  • Brown Named Facuty Fellow at Washington & Lee

    Monday, June 7, 2004

    Dorothy Brown (Washington & Lee) has been named 2004-2005 Alumni Faculty Fellow.

  • Gale, Orszag & Shapiro on Distributional Effects of 2001 & 2003 Tax Cuts

    Monday, June 7, 2004

    William Gale, Peter Orszag & Isaac Shapiro have posted Distributional Effects of the 2001 and 2003 Tax Cuts and Their Financing on the Tax Policy Center web site. Here is the abstract:

    Tax cuts are not free; they must be financed with some combination of tax increases or spending cuts. The central goal of this paper is to apply this standard insight from public finance to the analysis of the distributional effects of making the 2001 and 2003 tax cuts permanent. We estimate not only who benefits directly from the tax cuts, but also who benefits and who loses once the financing of the tax cuts is considered. We consider two scenarios: one in which each household pays an equal dollar amount to finance the tax cuts and one where each household pays the same share of income. In both cases, more than three-quarters of households end up worse off if the tax cuts are made permanent and financed. In addition, there are large aggregate transfers from the majority of low- and middle-income households to an affluent minority. These results show that, far from simply “giving people their money back,” making the tax cuts permanent would impose significant losses on tens of millions of American households.

  • Guest Blogger Schwidetzky’s Final Report on European Ass’n of Tax Profs Conference

    Monday, June 7, 2004

    Guest blogger Walter Schwidetzky (Baltimore) shares his final report on the Paris meeting of the European Association of Tax Professors (see his first report here):

    One of the issues facing the EU countries is how to deal with the fact that they have a variety of tax systems but are subject to the jurisdiction of the EJC that can issue rulings that can require them to change their tax laws. Uniform tax systems across the EC would aid in the formation of a common market, and one question that arose at the conference is whether thre was some basis for developing a common system. One proposal in this regard was internatinal accounting standards currently usually used by larger companies. Indeed, something similar to that exists in the UK, and a UK representative gave a talk in this regard. The UK apparently incorporates some mark to market rules as do the accounting standards, and there was a discussion of the viability of this and whether it was appropriate to move away from realisation principles, particularly in light of the fact that most EC businesses are small. A concern was also expressed of whether accounting rules developed by a private body (IATLB) were an appropriate starting point for democratically enacted statutes, and some felt that the rules were too business friendly. There would also inevitably be pressure on the various governments to engage in various tax expenditures in the context of each country’s political dynamic; making it difficult to maintain consistent rules across the EC.

    The overall level of the discussion was high and rather more formal than would have occurred in the US (as was the dress). There were about 7 US Tax Pros at the meeting.

  • Health Hazards of Blogging

    Monday, June 7, 2004

    See the press reports of this new study–oh what I endure for the good of the tax community!

  • Tax Profs AWOL at Law & Society Annual Meeting

    Monday, June 7, 2004

    Neil Buchanan (Rutgers-Newark) reports that at last weekend’s Law & Society Association Annual Meeting in Chicago, there were nearly 300 scholarly panels spread out over four days, but not a single tax panel. He challenges Tax Profs to get on the stick and organize one or more tax panels for next year’s annual meeting in Las Vegas on June 2-5, 2005:

    It is, of course, always possible for anyone to submit a panel idea–or an individual paper proposal–to the association office directly. But since I’m complaining publicly about this issue, I guess I’m also volunteering to do some organizing. Therefore, if anyone is thinking that far ahead and wants to present some tax work at next year’s meetings, please let me know.

    A TaxProf Blog tip of the hat to Professor Buchanan for his efforts!

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