a surfer in front of the malibu pier on a sunny day

Paul L. Caron
Dean
Pepperdine Caruso
School of Law

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  • Tax Talk Today Webcast on “Getting It Right”

    Tuesday, July 13, 2004

    The monthly Tax Talk Today program offers a free webcast today from 2:00 p.m. – 3:00 p.m. EST on Getting It Right: Forms W-4, W-2, I-9 and 941. The moderator is Les Witmer, APR Communications Consultant in Atlanta. Panelists include Thomas Burger (National Program Manager, Office of Employment Tax, IRS); Chuck Liptz (Director, Employee Wage Reporting & Relations, SSA); Scott Mezistrano (Senior Manager of Government Relations, American Payroll Ass’n); and Jerri LS Langer (JLS Langer Consulting).

  • Rev. Rul. 2004-76 Provides Guidance on Application of Tax Treaty to Dual-Resident Foreign Corporation

    Monday, July 12, 2004

    The IRS today issued Rev. Rul. 2004-76, which provides guidance regarding the determination of the applicable tax treaty in the case of corporations that would otherwise be treated as residents of two foreign countries. Here is the description from the accompanying announcement (JS-1779):

    The guidance addresses the application of U.S. tax treaty provisions to a foreign corporation that would be a resident of two foreign countries in circumstances in which a tax treaty between those two countries treats the corporation as a resident of one country but not the other country. The revenue ruling makes clear that the foreign corporation will be treated as a resident for U.S. tax treaty purposes only of the country to which residence has been assigned under the tax treaty between the two foreign countries. Accordingly, the foreign corporation will not be entitled to claim the benefits of the tax treaty between the United States and the country to which residence is not assigned under the treaty between the two foreign countries. However, the foreign corporation will be entitled to claim the benefits of the tax treaty between the United States and the country to which residence is assigned, provided that it satisfies any limitation on benefits provision and other applicable requirements of the treaty.

  • Tax Foundation Publishes Tax Features

    Monday, July 12, 2004

    The Tax Foundation has published its bi-monthly Tax Features newsletter with articles on:

    • Tax Freedom Day Falls on Earliest Day Since 1967
    • Who Are the 44 Million Americans Who Pay Zero Income Tax?
    • The Case for Repealing the “Death Tax”

  • William F. Buckley Admits Cheating on His Taxes

    Monday, July 12, 2004

    Photo of William F. BuckleyInteresting interview with William F. Buckley in Sunday’s New York Times Magazine, which included this exchange:

    Q: Have you ever cheated on your taxes?

    A: I suppose so. It’s impossible not to cheat on your taxes.

    Q: How much should one pay in taxes?

    A: As much, but not more, than your neighbors pay.

    (Thanks to Ingrid Wuerth for the tip.)

  • James on Impact of Political Activity of Churches on Their Tax-Exempt Status

    Monday, July 12, 2004

    Vaughn James (Texas Tech) has published Reaping Where They Have Not Sowed: Have American Churches Failed to Satisfy the Requirements for the Religious Tax Exemption?, 43 Cath. Law. 29 (2004). Here is the Conclusion:

    With another election year approaching, political candidates will once again turn to the churches for help and support. While individual church members should feel free to assist the candidates of their choice, the churches themselves should stay above the fray. Alas, the history of church involvement in political activity since 1954 suggests that the churches are all too eager to disregard the law and engage in lobbying and political campaigning. To prevent this situation, Congress and the Service need to act, and the sooner the better. For its part, Congress must amend § 501(c)(3) to completely eliminate any provision allowing churches to engage in lobbying. Simultaneously, Congress must develop a narrow definition of lobbying to enable churches to mobilize the masses on social issues of a religious nature, but also to steer clear of making contact with legislators and other elected officials in an attempt to influence legislation. For its part, the Service must strictly enforce the law as regards the prohibition on campaign activity by churches. The Service must vigorously pursue violators of the IRC, be they large or small denominations, mainstream or “wayside,” and revoke their tax-exempt status.

    If both Congress and the Service act upon this matter, the day will soon come when the words of Jesus the Christ will have more meaning to the churches in America. They will better understand what it is to live up to the responsibilities of certain benefits, to give to Caesar the things that belong to Caesar, to God the things that belong to God, and to reap only where they have sowed.

  • Charleston Law School Gets OK to Start Classes in Fall

    Sunday, July 11, 2004

    Tax Prof Richard Gershon, now Dean at the fledgling Charleston Law School, received approval Thursday from South Carolina to start offering classes this fall. Charleston will enroll 125 students (out of 960 applications). For a description of Richard’s journey from Tax Prof to Dean, see his profile as the inaugural entry in the Tax Prof Spotlight Series here.

  • Beale on SEC Use of Corporate Tax Shelter Rules To Regulate Accounting Firms

    Sunday, July 11, 2004

    Linda Beale (Illinois) has published Putting SEC Heat on Audit Firms and Corporate Tax Shelters: Responding to Tax Risk with Sunshine, Shame and Strict Liability, 29 J. Corp. L. 219 (2004). Here is part of the Conclusion:

    The evidence of accounting firm involvement in the tax shelter industry is undeniable. The traditional permissive stance towards auditor tax consulting has already proven itself unreasonable, most conspicuously in the Arthur Andersen collusion with Enron in tax-motivated transactions that had immediate financial statement results and in the Ernst & Young provision of tax shelter advice to Sprint executives, resulting in the necessity of firing either auditor or executives. Several factors propel the current shelter business, including underenforcement, the trend towards treating corporate tax and finance departments as revenue generators, the conflicting roles of auditors who provide aggressive tax planning, and inadequate information about tax risks. The apparent correlation between aggressive accounting and aggressive tax planning suggests that tax risk information can be an important analytic tool for audit committees and investors.

    This Article proposes, therefore, that the SEC use the corporate tax shelter regulations to demarcate permissible non-audit tax consulting for audit clients. Objective information about reportable and list-maintenance transactions should also be provided to audit committees, in the form of audit firm and reporting company tax risk profiles. Audit committees can thus be armed to exercise appropriate oversight over internal controls, select external auditors, and evaluate the risks of having external auditors perform non-audit tax services. The information can be shared with investors through the MD&A section of periodic reports and registration statements. Congress should reinforce these requirements by permitting the SEC to levy strict liability penalties in its proceedings for failure to disclose (and possibly for gross understatement of tax accruals). The effect of these changes would be to put auditors back where they belong–as the public’s watchdog snipping at the tail of advisers (especially law firms and other accounting firms) that give their blessings to aggressive tax strategies. Incidentally, the corporate tax shelter problem should suffer a further blow….

  • Tax Prof Spotlight: Thomas Griffith

    Saturday, July 10, 2004

    Photo of Professor GriffithThomas Griffith, John B. Milliken Professor of Taxation at USC, is one of those rare academics who is a leading figure in two very different areas of scholarship and teaching.

    Tax Profs undoubtedly are aware of Tom’s contributions in the tax arena. His most recent published article, Taxing Sunny Days: Adjusting Taxes for Regional Living Costs and Amenities (with colleague Michael Knoll), captured the exceedingly rare honor (especially for a tax piece) of publication in the Harvard Law Review (116 Harv. L. Rev. 987 (2003)). Here is how Tom describes the piece:

    Taxpayers pay tax on their nominal income without regard to their regional cost of living or the value of their regional amenities. Although commentators have argued that the income tax’s failure to account for such differences is unfair – because residents of high-cost and low-amenity regions pay higher taxes than residents of low-cost and high-amenity regions – that argument is unpersuasive because migration tends to eliminate regional differences in living standards. The tax system’s failure to adjust for regional differences is, however, likely to misallocate resources across regions in two ways. First, it is likely to discourage taxpayers from settling in high-cost regions where the high cost of living is matched by high salaries. Second, it is likely to discourage taxpayers from settling in low-amenity regions where the lower value of amenities is reflected in higher salaries. Both misallocations can be eliminated by multiplying each taxpayer’s earned income (but not her unearned income) by the reciprocal of the region’s relative salary level. Such a relative salary multiplier imposes the same nominal tax on each resident without regard to her location, thereby eliminating the tax-driven incentive for individuals to settle in low-tax regions.

    Tom has written many other important tax pieces, including:

    Efficient Taxation and Mixed Personal and Business Expenses, 41 UCLA L. Rev. 1769 (1994)
    Should “Tax Norms” Be Abandoned? Rethinking Tax Policy Analysis and the Taxation of Personal Injury Recoveries, 1993 Wisc. L. Rev. 1115
    Is the Debate Between an Income Tax and a Consumption Tax a Debate About Risk? Does it Matter?, 47 Tax L. Rev. 377 (1992) (with Joseph Bankman)
    Social Welfare and the Rate Structure: A New Look at Progressive Taxation, 75 Cal. L. Rev. 1905 (1987) (with Joseph Bankman)

    He also is the co-author (with Joseph Bankman and Katherine Pratt) of the enormously successful student guide to the basic tax course, Federal Income Taxation: Examples & Explanations (Aspen, 3d ed. 2002). Most recently, Tom has returned to the issues of progressive tax in the article, Progressive Taxation and Happiness, which will be published in a symposium issue of the Boston College Law Review.

    Yet Tax Profs may not be aware of Tom’s other scholarly and teaching life. He is a prolific author on various criminal law topics, including:

    Habitual Offender Statutes and Criminal Deterrence, 34 Conn. L. Rev. (2001) (with Linda Beres)
    Demonizing Youth, 34 Loyola L.A. L. Rev. 747 (2001) (with Linda Beres)
    Did “Three Strikes” Cause the Recent Drop in California Crime? An Analysis of the California Attorney General’s Report, 32 Loyola L.A. L. Rev. 101 (1998) (with Linda Beres)
    Do Three Strikes Make Sense? Habitual Offender Statutes and Criminal Incapacitation, 87 Geo. L.J. 103 (1998)

    In his 20 years at USC, Tom has been a popular classroom teacher in both areas. He currently teaches basic income tax and criminal law. As a further testament to his versatility, he has also taught business tax, contracts and negotiations.

    To relax, Tom enjoys games of all kinds, and is a devotee of the popular card game “Magic the Gathering.”

    Each Saturday, TaxProf Blog shines the spotlight on one of the 700+ tax professors in America’s law schools. We hope to help bring the many individual stories of scholarly achievements, teaching innovations, public service, and career moves within the tax professorate to the attention of the broader tax community. Please email me suggestions for future Tax Prof Profiles. For prior Tax Prof Profiles, see here.

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