Taxation & Estate Planning

The Super Tax Bowl: Pittsburgh Over Green Bay (But Both Would Lose to Dallas)

Posted on February 06, 2011
Weekend Wall Street Journal editorial, The Tax Bowl: Roethlisberger vs. Rodgers vs. Romo: We won't predict the winner of this Sunday's Super Bowl between the Pittsburgh Steelers and Green Bay Packers. But we can report this much: The Steelers will get to keep a lot more of their season earnings,...

Top 5 Tax Paper Downloads

Posted on February 06, 2011
There is quite a bit of movement in this week's list of the Top 5 Recent Tax Paper Downloads, with new papers debuting on the list at #3 and #5: 1. [781 Downloads] 2010 Federal Tax Update, by Samuel A. Donaldson (U. Washington) 2. [224 Downloads] Important Developments in Federal...

University of Georgia

Posted on February 05, 2011
Former University of Georgia cheerleading coach Marilou Braswell on Friday was ordered by U.S. District Court Chief Judge C. Ashley Royal to pay $90,900 in restitution for not filing income tax returns from the money she received from cheerleading camps in 2003 and 2004 and sentenced to serve five years...

Municipal Bonds and the Erosion of Dormant Commerce Clause Scrutiny in Davis

Posted on February 05, 2011
Evan S. Weiss (J.D. 2011, Washington University) has published Fixed Income Insecurities: Municipal Bonds and the Erosion of Dormant Commerce Clause Scrutiny in Department of Revenue v. Davis, 33 Wash. U. J.L. & Pol'y 329 (2010). Here is the Conclusion: The Kentucky tax scheme, shared by forty other states, is...

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2L-CPA, on Leave Managing Hedge Fund, Denied Readmission to Law School for Not Adequately Disclosing Drug Conviction in Application

Posted on February 05, 2011
ABA Journal, CPA?s Stellar Law School Career Screeches to a Halt as St. John?s Rescinds His Adm: Third in his class at St. John's University School of Law, a certified public accountant working at PricewaterhouseCoopers was looking ahead to a bright future in the law...

WSJ: Is 1099 Repeal a Controlled Burn of ObamaCare or Uncontrollable Wildfire?

Posted on February 05, 2011
Weekend Wall Street Journal editorial, The 1099 Repudiation: A Revealing Debate Over One of Washington's Dumbest Ideas: Democrats now claim that the infamous 1099 business reporting mandate that the Senate repealed this week was an accident, as if they were as surprised as everyone else to learn that this destructive...

Miller & Maine: Wealth Transfer Tax Planning in 2011 and Beyond

Posted on February 04, 2011
John A. Miller (Idaho) & Jeffrey A. Maine (Maine) have posted The Fundamentals of Wealth Transfer Tax Planning: 2011 and Beyond, 47 Idaho L. Rev. ___ (2011), on SSRN. Here is the abstract: In December of 2010 Congress revived the temporarily defunct federal estate tax and the generation skipping transfer...

Thompson: An Imputation System for Taxing Foreign-Source Income

Posted on February 04, 2011
Samuel C. Thompson Jr. (Penn State) has published An Imputation System for Taxing Foreign-Source Income, 130 Tax Notes 567 (Jan. 31, 2011): This report is based in part on the analysis presented in Thompson's Assessing the Following Systems for Taxing Foreign-Source Active Business Income: Deferral, Exemption, and Imputation, 53 How...

Tax Avoidance, Corporate Transparency, and Firm Value

Posted on February 04, 2011
Xiaohang Wang (University of Texas, McCombs School of Business) has posted Tax Avoidance, Corporate Transparency, and Firm Value on SSRN. Here is the abstract: Tax avoidance that reduces transfers from shareholders to the government is traditionally viewed as value enhancing to shareholders...

Barnhizer: Redesigning the American Law School

Posted on February 04, 2011
David Barnhizer (Cleveland State) has posted Redesigning the American Law School, 2011 Mich. St. L. Rev. ___, on SSRN. Here is the abstract: American law schools are an integral part of a vertically integrated system of production in which the end product is lawyers...

Property Tax on Privatized Roads

Posted on February 04, 2011
Jason Junge & David Matthew Levinson (University of Minnesota) have posted Property Tax on Privatized Roads on SSRN. Here is the abstract: Roads cover a significant fraction of the land area in many municipalities. The public provision of roads means this land is exempt from the local property tax...

CRS Releases Tax Reports

Posted on February 04, 2011
Open CRS has posted two tax reports: The Bush Tax Cuts and the Economy (R 41393) Reform of U.S. International Taxation: Alternatives (RL 34115)

Professor Arrested for Billing University of Florida for Travel as a Consultant

Posted on February 04, 2011
University of Florida Professor Dov Borovsky was arrested last week on charges of billing the university over $7,000 for three trips to Malaysia where he did consulting work for a Malaysian-based company (EntoGenex International Ltd) which paid his travel expenses (and paid him $85,000 for his consulting work)...

State & Local Sales Tax Ranking

Posted on February 04, 2011
The Tax Foundation yesterday released Ranking State and Local Sales Taxes: Retail sales taxes are correctly described in textbooks as "transparent" taxes; citizens are aware of how much they pay and when. On any particular purchase, an individual can easily identify the amount and percentage he paid in sales tax;...

IRS Releases 2007 Estate Tax Data

Posted on February 04, 2011
The IRS's Statistics of Income Division (SOI) today released estate tax data of decedents dying in 2007: Six tables presenting statistics for Year of Death 2007 from Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return, are now available...

IRS, Bureau of Prisons Agree to Eliminate Inmate Tax Fraud

Posted on February 03, 2011
Following up on last month's post, IRS Refuses to Take Steps to Cut Down on Prisoner Tax Fraud: the IRS and Bureau of Prisons yesterday announced that they have signed a memorandum of understanding to enforce a 2008 law allowing the IRS to share prisoner tax return information with the...

State Tax Revenues Rise for Third Consecutive Quarter

Posted on February 03, 2011
The Nelson A. Rockefeller Institute of Government reports that state tax revenues increased for the third consecutive quarter, up 4.5% for the third quarter of 2010: Corporate income tax: +1.6% Personal income tax: +4.3% Sales tax: +4.3% The largest increase was in the Northeast (+10...

Forbes: New Estate Tax Law Poses Dilemma for the Rich

Posted on February 03, 2011
Forbes, New Estate Tax Law Poses Dilemma for the Rich, by Deborah L. Jacobs: Advisors will profit if wealthy give to family now. But will clients suffer donors' remorse? Sometimes I just can't help pitying rich folks. Lately it's because the new tax law gives them yet another high-class quandary:...

Conway: Using Corporate Integration to Ease Tax Unfairness

Posted on February 03, 2011
Meredith R. Conway (Suffolk) has posted Stealth Inequity: Using Corporate Integration to Ease Unfairness in the Tax Code, 2 Wm. & Mary Pol'y Rev. ___ (2011). Here is the abstract: This article explores the inequities inherent in the current corporate income tax structure...

Tax Competition and Migration: The Race-to-The-Bottom Hypothesis Revisited

Posted on February 03, 2011
Assaf Razin & Efraim Sadka (both of Tel Aviv University, Eitan Berglas School of Economics) have posted Tax Competition and Migration: The Race-to-The-Bottom Hypothesis Revisited on NBER. Here is the abstract: The literature on tax competition with free capital mobility cites several reasons for the race-to-the-bottom hypothesis in the sense...

Shanske: Going Forward by Going Backward to Benefit Taxes

Posted on February 03, 2011
Darien Shanske (UC-Hastings) has posted Going Forward by Going Backward to Benefit Taxes on SSRN. Here is the abstract: There are many paradoxes presented by the relationship of Californians to taxes and spending. Rather than bemoan the seeming disconnects, this short article argues that Californians should be understood as wanting...

McMillan: The Concept of Income in Canada

Posted on February 03, 2011
Lori. McMillan (Washburn) has published The Concept of Income as Related to the Non-Charitable Non-profit Subsector in Canada, 16 Law & Bus. Rev. Am. 457 (2010). Here is the Introduction: Whether or not something is "income" is a question that has frequently caused conflict since income taxation began...

TIGTA: 20% Error Rate in Tax Credits Claimed for Electric and Hybrid Cars

Posted on February 03, 2011
The Treasury Inspector General for Tax Administration today released Individuals Received Millions of Dollars in Erroneous Plug-in Electric and Alternative Motor Vehicle Credits (2011-41-011): Approximately $33 million in credits for plug-in electric and alternative-fueled vehicles credits were erroneously claimed by at least 12,920 taxpayers through July 24, 2010...

Miller Presents Tax Law and Investment in Offshore Tax Havens Today at NYU

Posted on February 03, 2011
David S. Miller (Cadwalader, Wickersham & Taft, New York) presents Unintended Consequences: How U.S. Tax Law Encourages Investment in Offshore Tax Havens at NYU today as part of its Colloquium Series on Tax Policy and Public Finance. Here is the part of the Introduction: In this paper I catalogue the...

Omnibus Law School Rankings

Posted on February 02, 2011
Here is a law school ranking based on four measures that rank (almost) every law school: U.S. News Peer Reputation Conglomerate's Crowdsourced Ranking SSRN Downloads (All-Time) Princeton Review The chart below lists the 166 law schools that are included in each of these measures, giving equal weight to the four...

The First Open-Source Tax eCasebook: The Ethics of Tax Lawyering

Posted on February 02, 2011
I previously blogged eLangdell, the open-access casebook project developed by CALI (the Center for Computer-Assisted Legal Instruction). The first tax (and first ethics) entry is The Ethics of Tax Lawyering, by Michael Hatfield (Texas Tech): This chapter?s objective is to raise interesting tax ethics issues in practical contexts...

University of Copenhagen Seeks to Hire Tax Prof

Posted on February 02, 2011
The University of Copenhagen Faculty of Law is seeking to hire a tax professor: The main responsibilities of the professor of tax law are: to publish and disseminate research results; to teach and oversee the administrative duties within tax law and adjacent fields; to lead the development of the subject...

Academic Death Panels

Posted on February 02, 2011
Inside Higher Ed op-ed, Solving the Academic Job Crisis, by Jeffrey J. Williams (Carnegie Mellon University, Department of English): Academe is in crisis. Young academics have been left out in the cold: according to American Association of University Professors (AAUP) statistics, only about 25% of new Ph...

NYU to Shift Tax Policy Colloquium to Tuesdays

Posted on February 02, 2011
Dan Shaviro (NYU): After 16 years of doing the NYU Tax Policy Colloquium on Thursdays, we've switched for next year (2012) to Tuesdays. Those who come from outside NYU to attend our little sessions should take note and, if motivated, can rely and plan accordingly...

Call for Papers: Critical Tax Theory Conference

Posted on February 02, 2011
Santa Clara Law School is hosting the 14th Critical Tax Theory Conference on April 8-9, 2011, a two-day symposium that will run all day Friday and Saturday. Critical Tax is an informal conference that began in the early 1990s under the leadership of Nancy Staudt...

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