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

Paul L. Caron
Dean
Pepperdine Caruso
School of Law

headshot
Ad: BlueJ Better Tax Answers. -Accomplish hours of research in seconds -Instantly draft high-quality communications -Verify answers using a library of trusted tax content. Learn more
  • Tax Protester Richard Simkanin Sentenced to 7 Years in Prison

    Tuesday, May 4, 2004

    TaxProf Blog typically does not comment on tax protester litigation, but “Tax Honesty” leader Richard Simkanin’s recent argument to a federal district judge, recounted on the Roth CPA Blog, recently caught my eye:

    Simkanin, 59, told U.S. District Judge John McBryde that after spending thousands of hours studying federal tax laws, the Constitution and the Declaration of Independence, he concluded that he did not agree with the tax laws.

    If that was not enough, his lawyer chimed in with this:

    He has a sincere, well-thought-out position that is at odds with the government position. Reasonable people disagree about the tax laws. My client is an American citizen who, like Thoreau, walked to the beat of a different drummer.

    Of course, Thoreau never took out a full page ad in USA Today denouncing the federal tax law. The Department of Justice and the jury (which found Simkanin guilty of 10 counts of wilful failure to collect, account for and pay over taxes due; 15 counts of making false claims against the United States; and 4 counts of failure to file individual income tax returns) were unpersuaded by these arguments, as was the district judge:

    But McBryde had heard enough. Going above federal sentencing guidelines, McBryde sentenced Simkanin to seven years in prison and ordered him to pay $302,000 in restitution to the government. Sentencing guidelines call for a sentence of 41 months to 51 months.

    For more on the Simkanin trial, see here, here, here, and here.

  • Aura on Optimal Income & Estate Taxes

    Tuesday, May 4, 2004

    Saku Aura (Missouri-Columbia Dep’t of Economics) has posted Estate and Capital Gains Taxation: Efficiency and Political Economy Considerations on SSRN. Here is the abstract:

    In this paper a simple dynastic overlapping-generations model with homogeneous agents is used to analyze the optimal use of capital income tax, labor income tax and estate tax. The results of this analysis add to the conventional wisdom about capital income taxation: while it is true that in the long run the estate tax rate should be set to zero, it is also true that other capital income taxation is a usable policy tool even in the steady state.

    The other contribution of the paper is the building of a simple dynamic political economy model where the structure of capital taxes is determined. In a median-voter framework with no policy commitment, estate taxation is used too heavily as a capital-tax-revenue-collecting tool relative to the second-best optimum for the social planner.

  • Johnson Takes Temperature of Tax System

    Monday, May 3, 2004

    Calvin Johnson (Texas) has posted A Thermometer for the Tax System: The Overall Health of the Tax System as Measured by Implicit Tax on SSRN. Here is the abstract:

    The implicit tax on tax-exempt municipal bonds is a thermometer that is now giving warning that the current tax system is not in good shape. The U.S. needs to stop using the tax system as a vehicle to delivering subsidies. In fact, the U.S. needs to give considerable attention to repairing the tax base through a tax overhaul at least as major as the Tax Reform Act of 1986. Tax exempt municipal bonds give an interest rate that is lower than that on comparable taxable bonds by the amount of what is called the implicit tax. In theory, high tax bracket investors should be willing to accept an implicit tax, just short of their statutory tax rate. The implicit tax is now very low, hovering not far above zero. The implicit tax is so low today because investors have too many easy alternative ways to avoid tax and are not willing to accept very low interest rates from tax exempt municipal bonds. The low implicit tax indicates that tax is an inefficient vehicle for delivering tax subsidies and that the tax system is not reaching its best sources.

  • IRS Attorney Directory by Code Section & Subject Matter

    Monday, May 3, 2004

    The monthly update of the 121-page directory of attorneys in the IRS Chief Counsel’s Office, arranged by Internal Revenue Code Section and Subject Matter, is available on the Tax Analysts’ web site.

  • Summer 2004 Graduate Tax Courses

    Monday, May 3, 2004

    Several tax LL.M. programs have released their Summer 2004 schedule of classes, including

    Baltimore

    Denver

    Florida

    Golden Gate

    John Marshall

    Loyola-Chicago

    NYU

    San Diego

    St. Thomas

    Temple

    Villanova

  • IRS Releases Criminal Statistics

    Monday, May 3, 2004

    The IRS has released criminal investigation statistics for the October 1, 2003 – March 30, 2004 period:

    …………………………………………………..Totals

    Investigations Initiated………………..1880

    Prosecution Recommendations..1503

    Information/Indictments………………1127

    Total Convictions…………………………..930

    Total Sentenced…………………………….864

    Percent to Prison………………………….85.5%

    Average Months to Serve………………..44

  • SOI Releases 1990-2001 Itemized Deduction Data

    Monday, May 3, 2004

    The just-released Statistics of Income Bulletin (Winter 2003-04) includes Selected Itemized Deductions, Schedule A, 1990–2001 by Jason Walters and Victor Rehula. Here is the abstract:

    Between 1990 and 2001, the number of tax returns claiming itemized deductions increased by 38.5 percent, whereas the total number of tax returns increased by only 14.2 percent. Thus, the share of taxpayers itemizing their deductions increased by 21.3 percent, rising from 28.5 percent of all taxpayers in 1990 to 34.6 percent for 2001.

    The total amount of itemized deductions before limitations (in constant dollars) increased at an average annual rate of 3.6 percent between 1990 and 2001. Between 1991 and 1994, the annual changes were relatively small, ranging from a decrease of 1.7 percent to an increase of 0.4 percent. The increases were much larger between 1995 and 2000, ranging from a low of 4.1 percent for 1995 to as high as 8.1 percent for 1999 and 7.6 percent for 2000. For 2001, the increase was 3.5 percent.

    Interest paid has been the largest itemized deduction taken by individual taxpayers from 1990 to 2001, with home mortgage interest comprising between 90 percent and 95 percent of the total interest paid. Taxes paid, the second largest itemized deduction, had the largest positive percentage change and the highest frequency of itemized deductions over the period.

    For a related Excel table of data, see here. For more statistics on itemized deductions, see here.

    Over the coming week, TaxProf Blog will summarize the remaining Featured Articles and Data Releases in the latest SOI and provide links to the full reports and accompanying tables and statistics.

  • Tobin on Human Capital Investment in Children

    Monday, May 3, 2004

    Donald Tobin (Ohio State) has posted Investing in Our Children: A Not So Radical Proposal on SSRN. Here is the abstract:

    The United States is currently under-investing in the human capital of its children. This significant investment deficit threatens both our children’s vitality and the nation’s ability to compete in a knowledge-based economy. At all income levels, investment in children – in education, housing, training, and nutrition – has significant long-term beneficial returns for both the recipients of the investment and for society as a whole. This article proposes to shift the focus of our current fiscal policies towards human capital investment in children. It advocates a self-sustaining investment program that delivers resources directly to children and that children are required to repay when they start working. The article relies on the economic literature on human capital, the educational literature on the impact of money on childhood attainments, and the political theory literature on civic responsibility to help justify a self-sustaining investment program implementing through the tax code. This article seeks to promote new ways of evaluating our current programs and policies and to facilitate further discussion about a child-centered investment strategy.

  • Names of Tax-Raising Republican Legislators in Virginia “Etched in Stone”

    Sunday, May 2, 2004

    In a story that reveals a growing fault line in the Republican Party, the names of Republican legislators in Virginia who voted to increase taxes are etched on a stone boulder in the backyard of anti-tax activist Peter Ferrara. Here’s the lead from the Daily Press:

    Peter Ferrara, the anti-tax warrior, knows which Republicans in the General Assembly voted for higher taxes. Their names are etched in stone.

    Really. Check out his back yard.

    The names of certain Senate and House Republicans are chiseled into a boulder where Ferrara can see them, rain or shine, and contemplate their eventual political demise. There are 31 by his count.

    People who think they can talk their way out of this,” he said, “are going to be in for a surprise.”

    Welcome to the next debate for the Republican Party of Virginia. It rose to power on the promise of small government and limited spending, but the state budget impasse has drawn new battle lines over taxes. Even Virginia’s two Republican U.S. senators are on opposite sides.

    Thanks to reader Ben Cunningham for the tip. For a funny editorial cartoon on the same subject, check out the TaxGuru.

  • Top 5 Tax Paper Downloads

    Sunday, May 2, 2004

    This week’s list of the Top 5 Tax Paper Downloads on SSRN is basically unchanged from last week, with #3 and #4 switching positions:

    1. Corporations, Society and the State: A Defense of the Corporate Tax, by Reuven Avi-Yonah (Michigan)

    2. The Dividend Divide in Anglo-American Corporate Taxation, by Steven Bank (UCLA)

    3. The Progressive Consumption Tax Revisited, by Steven Bank (UCLA)

    4. Balance in the Taxation of Derivative Securities: An Agenda for Reform, by David Schizer (Columbia)

    5. The Tax Efficiency of Stock-Based Compensation, by Michael Knoll (Pennsylvania)

    For the complete Top 10 Tax Paper Downloads over the past two months, see here.

TaxProf Blog delivers timely, insightful coverage of tax law and legal education to inform, connect, and inspire scholars, practitioners, and students.

Ad: BlueJ Better Tax Answers. Blue J's generative AI tax research solution is transforming how tax experts work. Learn more.
Ad: TaxAnalysis Award of Distinction. Honoring those that have made outstanding contributions to the field of taxation.
Information and rates on advertising on TaxProf Blog