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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  • New Tax History Book

    Monday, June 28, 2004

    John Tiley (Queen’s College, Cambridge) has published Studies in the History of Tax Law (Hart Publishing, 2004), which contains the full text of the papers delivered at the first Tax Law History Conference in Cambridge (Sept. 2002) organized by the Cambridge Law Faculty’s Centre for Tax Law:

    The papers ranged widely from the King John to the 20th century, from Tudor England’s Statute of Wills to the American taxes on slaves, from Hong Kong, Australia and Israel. The sources ranged from the Public Record office to the bowels of Somerset House. The topics ranged form the tax base through tax administration to tax policy making as well as providing detailed accounts of the UK’s remittance basis of taxation and the Excess Profits Duty of the First World War.

  • U.S. Joins Anti-Tax Avoidance Alliance

    Monday, June 28, 2004

    The U.S. joined Australia, Britain, and Canada in a global effort to combat tax avoidance by establishing a computer database listing of “tax dodgers and their accountants.” Under the agreement announced in Sunday’s Financial Mail following a secret tax summit in London, the four countries will share detailed information on individuals and companies that avoid tax.

  • Bankman on Qwest Tax Shelter

    Monday, June 28, 2004

    Joe Bankman (Stanford) is quoted in today’s Wall Street Journal in a story on Qwest’s investment in a “Contested Liability Trust,” which sounds identical to the KPMG “Contested Liability Accelerated Strategy” tax shelter, recently discussed here.

  • Levinger on The Case for Redistribution

    Monday, June 28, 2004

    Sagit Leviner (Michigan S.J.D. candidate) presented The Case for Redistribution in a Modern Democracy: Theological and Consequentialist Perspectives at the Critical Tax Conference at Rutgers-Newark. Here is part of the Introduction:

    The first section of this paper outlines the merit-oriented rationale for the imposition of a heavier tax burden on the wealthy. The second section discusses the proper application of the tax theory in view of this rationale, and the third details the society-based rationale for the imposi-tion of greater tax burdens on the rich as well as corresponding taxation implications. Finally, this paper does not address the justification for using the tax system, rather than other means, for redistributional purposes, nor the practical aspects of choosing (an) exact tax rate(s). These issues, while important, are left to later discussions.

  • Top 5 Tax Paper Downloads

    Sunday, June 27, 2004

    There are two new papers on this week’s list of the Top 5 Tax Paper Downloads on SSRN, debuting at #4 and #5:

    1. Corporate Tax Avoidance and High Powered Incentives, by Dhammika Dharmapala (Connecticut – Economics Department) & Mihir Desai (Harvard Business School)

    2. The New Dividend Puzzle, by William Bratton (Georgetown)

    3. Tax, Corporate Governance, and Norms, by Steven Bank (UCLA)

    4. The Undeserving Poor?: Welfare, Tax Policy, and Political Discourse, by Dorothy Brown (Washington & Lee), Stacy Dickert-Conlin (Syracuse – Economics Department) & Scott Houser (California State (Fresno) – Economics Department)

    5. Fiscal Federalism and Tax Progressivity: Should the Federal Income Tax Encourage State and Local Redistribution?, by Kirk Stark (UCLA)

  • New Tax eJournal Soliciting Articles

    Sunday, June 27, 2004

    The eJournal of Tax Research, published by Atax (Australian Taxation Studies Program), University of New South Wales, Sydney, Australia, is soliciting articles for their next issue:

    The eJournal is a double blind, peer-review refereed journal that publishes original, scholarly work on all aspects of taxation. The emphasis of the journal is the multidisciplinary nature of taxation and timely dissemination of tax research. It is guided by an Editorial Board consisting of 17 eminent tax academics and tax specialists from around the world. The coeditors of the eJournal are Rodney Fisher and Binh Tran-Nam.

  • Tax Problems of the Rich & Famous: Mike Tyson

    Sunday, June 27, 2004

    Possible grist for the classroom tax mill: Mike Tyson’s tax problems, as reported by Sports Illustrated. Tyson received a $14 million payment from promoter Don King to settle his $100 million lawsuit, to be combined with purses from seven fights over the next three years as part of a bankruptcy reporganization plan, to pay off a $34.8 million IRS tax lien against Tyson and his ex-wife. (Thanks to reader Dwight Thompson for the tip.)

  • Tax Prof Spotlight: Jim Maule

    Saturday, June 26, 2004

    Image of Professor MauleJim Maule (Villanova) undoubtedly has one of the most eclectic backgrounds among the tax professorate. Although many tax scholars produce major work for both the professional and academic communities, Professor Maule’s wide-ranging interests and experiences set him apart in many ways.

    Professor Maule is a Pennsylvania product (Penn B.S. 1973, Villanova J.D. 1976) who, like many young tax lawyers, left for Washington, D.C. for a few years (Attorney Advisor in Office of Chief Counsel, Clerk for Tax Court Judge Chabot, tax LL.M. from George Washington) before returning to Pennsylvania as a tax academic, first at Penn State-Dickinson then at Villanova, where he has taught since 1983.

    Six months short of a quarter-century in this business, Professor Maule has carved out a unique niche in several areas. He is perhaps best known as the author of over a dozen BNA Tax Portfolios, including:

    • 501-2 T.M., Gross Income: Overview and Conceptual Aspects
    • 502-2 T.M., Gross Income: Tax Benefit, Claim of Right, and Assignment of Income
    • 503-2 T.M., Deductions: Overview and Conceptual Aspects
    • 504-2 T.M., Deduction Limitations: In General
    • 505-2 T.M., Trade or Business Expenses and For-Profit Activity Deductions
    • 506-2 T.M., Tax Credits: Concepts and Calculations
    • 507-2 T.M., Income Tax Liability: Concepts and Calculations
    • 525-2 T.M., State and Local Taxes
    • 531-2 T.M., The Accelerated Cost Recovery System (ACRS)
    • 560 T.M., Income Tax Basis: Overview and Conceptual Basis
    • 590-2 T.M., Taxation of Real Estate Transactions: An Overview
    • 597 T.M., Tax Incentives for Law-Income Areas
    • 1510 T.M., State Taxation of S Corporations

    Professor Maule received the 1993 BNA Tax Management Distinguished Author Award in recognition of this work and the many chapters in the digital Tax Practice Series that he has written. He publishes other work for the practitioner community through the many leadership roles he has held in the ABA Tax Section, including most recently as Editor of the Recent Developments in Partnership Tax report published annually by The Tax Lawyer. His participation in the ABA-TAX listserv is frequent and according to Jim, “the practitioners think they’re getting the better end of the deal, but they’re not, because I continue to learn about what’s happening in the practice world by paying attention to the questions and arguments that fill the list emails.”

    Professor Maule also is an important voice in tax academic circles, with several major works, including:

    IRS Hot Asset Reg Re-Tuning Falls Flat, Causing Pain for Partner Estates, 94 Tax Notes 751 (2002)
    Instant Replay, Weak Teams, and Bad Calls: An Empirical Study of Aleged Tax Court Bias, 66 U. Tenn. L. Rev. 351 (1999)
    Tax and Marriage: Unhitching the Horse and Carriage, 67 Tax Notes 539 (1995)
    Getting Hamr’d: Highest Applicable Marginal Rates That Nail Unsuspecting Taxpayers, 53 Tax Notes 1423 (1991)

    His puns infect his writing as much as they do his teaching and everyday conversation, and he invites readers to try finding as many as they can in his articles. He says it’s genetic, and so perhaps being a tax academic was inevitable.

    When asked by his high school classmates how he ended up in the tax world after putting his efforts into science and languages, Jim describes a transition from an interest in the science of business that took him to Penn to a fascination with the pervasiveness of tax that he encountered working at an accounting firm while at Wharton. “I continue to marvel,” he says, “at the depth to which the tentacles of the income tax reach into almost every aspect of our lives. When I came to understand that Congress directs, or tries to direct, the nation through the tax laws, I decided that on a consistent long-term basis there would be much more happening in that area than in any other. When I look at tax, I sometimes think of the adage ‘Know thy enemy.’ I have a lot of compassion for people who don’t understand what’s going on in the tax world, who overpay taxes, who make mistakes running their lives and their businesses, and who struggle with compliance.” He is a strong advocate of tax simplification and reform, and a very demanding law professor. “My goal in teaching is to prepare students for service to their clients, so I try to put students into the situations in which they will find themselves after they graduate. The most rewarding part of teaching, for me, is the phone call or email from a former student who thanks me for pushing them as I did because they found practice to be as I predicted it would be.”

    Professor Maule’s has immersed himself in tax law, genealogy, and technology. He has published several books and articles about the Maule family (including Better That 100 Witches Should Live: The 1696 Acquittal of Thomas Maule of Salem, Massachusetts, on Charges of Seditious Libel and Its Impact on the Development of First Amendment Freedoms). He has written several dozen computer programs, most related to tax and genealogy. He is the owner or co-owner of two small businesses in these areas:

    • JEMBook Publishing Company, which publishes law and genealogy books
    • TaxJEM Inc., which develops computer-assisted tax law instruction programs primarily for use by students

    Professor Maule is a frequent speaker on the tax lecture circuit, appearing before tax practitioner and academic audiences. He has been quoted in legal and general circulation newspapers. It’s no surprise that his blog, dedicated principally to tax issues, carries the name of Mauled Again.

    Professor Maule is the father of two grown children. His daughter Sarah Margaret belongs to the “artist in the family” branch and his son Charles Edward, currently studying in Harbin, China, has his eyes set on an academic career that blends law, history, and East Asian studies.

    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.

  • ATPI Conference on July 8

    Saturday, June 26, 2004

    The American Tax Policy Institute is hosting a roundtable conference on Thursday, July 8, in Washington, D.C. on two ATPI-sponsored projects:

    • 3:30 pm: George Zodrow (Rice) & Michelle Hendrix, Optimal Commodity Taxation of Traditional and Electronic Commerce

    • 4:45 pm: Joseph Cordes (George Washington) & David Brunori (Tax Analysts & George Washington), The State Corporate Income Tax: Can (and Should) it be Saved

    The conference will be held at the Ernst & Young Conference Center, 1225 Connecticut Ave. To RSVP (by June 28) and obtain copies of the papers, email Janine Hoke of ATPI.

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