Taxation & Estate Planning

Elkins: Redistributive Taxation and the Constitutional Protection of Property

Posted on May 19, 2010
David Elkins (Netanaya College School of Law, Israel; Visiting Professor, SMU) has posted Redistributive Taxation and the Constitutional Protection of Property, in Bridging a Sea. Constitutional and Supranational Limitations to Taxing Powers of the States Across the Mediterranean Sea (Aracne Editrice, 2009), on SSRN...

Brown: The Obamas Spread Their Own Wealth Around -- by Paying Too Much in Taxes

Posted on May 19, 2010
Dorothy A. Brown (Emory) has published Why the Obamas Paid Too Much in Taxes, 127 Tax Notes 805 (May 17, 2010): You know the expression that the rich are different. Well, we found out that President and Mrs. Obama made more than $5 million last year, and after examining their...

WSJ: Increased IRS Scrutiny of Small Charities Is Unecessary and Harmful

Posted on May 19, 2010
Wall Street Journal op-ed, The IRS Cracks Down on Small Charities: The Government Has No Business Deciding What Causes Are Worthy of Support, by Suzanne Garment & Leslie Lenkowsky (both of the Center on Philanthropy at Indiana University): For many small charities in the United States, May 17 may be...

UC-Berkeley Asks Incoming Freshmen for DNA Sample to Measure Ability to Metabolize Alcohol

Posted on May 19, 2010
New York Times, College Bound, DNA Swab in Hand, by Tamar Lewin: Instead of the usual required summer-reading book, this year?s incoming freshmen at the University of California, Berkeley, will get something quite different: a cotton swab on which they can, if they choose, send in a DNA sample...

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Langbein: Trust Law's Limits on the Settlor's Power to Direct Investments

Posted on May 19, 2010
John H. Langbein (Yale) has published Burn the Rembrandt? Trust Law's Limits on the Settlor's Power to Direct Investments, 90 B.U. L. Rev. 375 (2010). Here is part of the Introduction: In the December 2008 issue of the Boston University Law Review, Jeffrey Cooper published an article [Empty Promises: Settlor?s...

Senate Estate Tax Deal Falls Apart

Posted on May 19, 2010
The Hill, Kyl: Senate Deal Off on Estate Tax: An agreement has fallen apart on an estate tax proposal that had appeared resolved between Senate Democrats and Republicans, a lead negotiator said Tuesday. Senate Minority Whip Jon Kyl (R-Ariz.) said the accord, which was all but forged a week ago,...

The 18 Most-Cited Tax Faculty

Posted on May 18, 2010
Brian Leiter (Chicago) has finalized his ranking of the Highest Impact Faculty in 13 Areas of Specialization, including tax, as measured by citations during the past five years (Jan. 1, 2005 - Jan. 15, 2010): Rank Tax Prof Citations Age 1 Michael Gratez (Yale) 370 66 2 Daniel Shaviiro (NYU)...

Bradley Center Hosts Discussion Today on Ray Madoff's Immortality and the Law: The Rising Power of the American Dead

Posted on May 18, 2010
The Bradley Center for Philanthropy and Civic Renewal of the Hudson Institute hosts Dawn of the Dead? today: A donor may set up a charitable foundation in perpetuity, and the foundation?s trustees are obligated to carry out the donor?s intent. These two defining features of the American legal system afford...

Canadian Law Faculty = 'Psychotic Kindergarten'

Posted on May 18, 2010
The Guardian, Improbable Research: Canadian Law Faculties 'Like Psychotic Kindergartens': A mighty steam organ of an article, adorned with the title University Legal Education in Canada is Corrupt Beyond Repair, blasts forth in the October 2009 issue of the scholarly journal Interchange...

District Court Rejects $327m 'Son-of-Boss' Tax Shelters Claimed by Former U.S. Ambassasor Richard Egan

Posted on May 18, 2010
The U.S. District Court in Massachusetts yesterday sided with the IRS in a 357-page opinion and disallowed two tax shelters used by the EMC Corp. founder (and ambassador to Ireland under President George W. Bush) RIchard J. Egan and his wife generating $160 million of ordinary losses and $167 million...

Cowan: Nonprofits and the Sales and Use Tax

Posted on May 18, 2010
Mark J. Cowan (Boise State University, Department of Economics) has posted Nonprofits and the Sales and Use Tax, 10 Fla. Tax Rev. ___ (2010), on SSRN. Here is the abstract: States vary in the application of their sales and use tax regimes to nonprofit organizations...

IRS to

Posted on May 18, 2010
Following up on yesterday's post, 365,000 Charities to Lose Their Tax-Exempt Status at Midnight Tonight: the IRS today posted this message from Commissioner Doug Shulman on its website: Now that the May 17 filing deadline has passed, it appears that many small tax-exempt organizations have not filed the required information...

New Tax May Reduce Use of Tanning Beds

Posted on May 18, 2010
Miller-McCune, Extending the Sin Tax to the Tanning Bed: A little-known provision in the United States? divisive new health care reform package might be effective in reducing tanning bed use. The legislation imposes a 10% tax on indoor tanning to help pay for health care reform...

Uncle Jay Explains the Tax Law

Posted on May 18, 2010
(Hat Tip: Woody McNair.)

Hines, Horwitz & Nichols: Tax-Exempt Status for Low-Profit LLCs

Posted on May 18, 2010
James R. Hines Jr. (Michigan), Jill R. Horwitz (Michigan) & Austin Nichols (Urban Institute) have published The Attack on Nonprofit Status: A Charitable Assessment, 108 Mich. L. Rev. 1179 (2010). Here is the abstract: American nonprofit organizations receive favorable tax treatment, including tax exemptions and tax-deductibility of contributions, in return...

365,000 Charities to Lose Their Tax-Exempt Status at Midnight Tonight

Posted on May 17, 2010
Following up on my prior post, USA Today, Thousands of Non-Profits Could Unwittingly Lose Tax Status, by Sandra Block: Hundreds of thousands of small non-profits, from Little League teams to community soup kitchens, could lose their tax-exempt status on Monday because of an IRS filing requirement...

Do As the IRS Says, Not As It Does

Posted on May 17, 2010
Washington Examiner editorial, Do As the IRS Says, Not As It Does: Important government documents are often shielded from Freedom of Information Act requests because of an exemption in the law that allows federal departments and agencies to withhold materials created before the issuance of an official policy...

KPMG: U.S. Total Tax Burden Increased in 2010

Posted on May 17, 2010
KPMG has released Competitive Alternatives 2010 Special Report: Focus on Tax: Mexico remains in the number one spot for having the lowest total taxes, but that changes to the tax systems in Australia, Canada, and the Netherlands that have enhanced their attractiveness as tax friendly environments...

TaxProf Blog Weekend Roundup

Posted on May 17, 2010
Saturday: Go Cincinnati SOI Releases Spring 2010 SOI Bulletin GAO: IRS Can't Track Nonresident Alien Tax Noncompliance Resolving the Conflict Between Jewish and Secular Estate Planning Sunday: Top 5 Tax Paper Downloads Five Questions with the Tax Prof Kagan and the Textron Tax Work Papers Case Greek Doctors Have Big...

Our Tax System Can't Collect More Than 20% of GDP in Taxes

Posted on May 17, 2010
Wall Street Journal op-ed, The Revenue Limits of Tax and Spend: Whether Rates Are High or Low, Evidence Shows Our Tax System Won't Collect More Than 20% of GDP, by David Ransom: The nearby chart shows how tax revenue has grown over the past eight decades along with the size...

Obama's Recess Appointee to Head Customs and Border Protection Did Not Follow Law in Hiring Domestic Help Ten Times

Posted on May 17, 2010
Senate Finance Committee, Hearing Statement of Senator Max Baucus (D-Mont.) Regarding the Nomination of Alan Bersin to be Commissioner of Customs: Mr. Bersin, President Obama has appointed you Commissioner of Customs and Border Protection, or CBP. As such, you and the agency that you lead must display the traits that...

Celebrity Tax Troubles

Posted on May 17, 2010
Corbin Bernsen, actor, $94,681 California tax lien Mel Blount, former Pittsburgh Steeler, $652,000 IRS tax liens Toni Braxton, singer, $396,330 IRS tax lien Jeff Bridges, actor, $23,997 IRS tax lien Judy Collins, singer, $116,780 IRS tax lien, $34,072 New York tax lien Janice Dickinson, supermodel, $83,226 California tax liens Faith...

Call for Tax Papers

Posted on May 17, 2010
The American Society of International Law International Economic Law Interest Group (IEcLIG) has issued a caff for papers for its next biennial conference on International Economic Law in a Time of Change: Reassessing Legal Theory, Doctrine, Methodology and Policy Prescription to be held November 18-20, 2010, at the University of...

More on Pepperdine Dean Ken Starr's Departure for Baylor Presidency

Posted on May 17, 2010
Following up on my prior post on Pepperdine Dean Ken Starr's decision to become President of Baylor University: in this week's Chronicle of Higher Education, Love Him or Hate Him, Ken Starr Will Try to Unify Baylor: The name Ken Starr conjures images of Whitewater or Monica Lewinsky, and many...

Lily Batchelder Named Chief Tax Counsel of Senate Finance Committee

Posted on May 17, 2010
Senate Finance Committee Chairman Max Baucus today named Tax Prof Lily L. Batchelder (NYU) as Chief Tax Counsel. From the press release: ?I?m glad to welcome Lily back to the Senate Finance Committee?s tax team. Lily?s wide range of experience and expert knowledge of tax and public policy make her...

Kagan and the Textron Tax Work Papers Case

Posted on May 16, 2010
I previously blogged the Government's brief in opposition to Textron's certiorari petition in the U.S. Supreme Court (No. 09-750), which is seeking review of the First Circuit's 3-2 en banc decision in United States v. Textron, Inc., No. 07-2631 (1st Cir...

Greek Doctors Have Big Fat Tax Headache

Posted on May 16, 2010
New York Times, Fed Up, Greece Lists Tax Dodgers: Trying to crack down on rampant tax evasion, the Greek authorities have made good on promises to name ? and shame ? some of the worst offenders. The Finance Ministry made public a list of 57 Athens doctors who officials believe...

Top 5 Tax Paper Downloads

Posted on May 16, 2010
This week's list of the Top 5 Recent Tax Paper Downloads is the same as last week's, with some reshuffling of the papers' positions in #2 - #5: 1. [1341 Downloads] Pursuing a Tax LLM Degree: Why and When?, by Paul L. Caron (Cincinnati), Jennifer M. Kowal (Loyola-L...

Five Questions with the Tax Prof

Posted on May 16, 2010
I was pleased to be featured on Caleb Newquist's Going Concern in Five Questions with the Tax Prof: Why do you blog? How long have you been blogging? If someone had to read just one post of yours which one would it be? What is the biggest benefit you?ve gotten...

GAO: IRS Can't Track Nonresident Alien Tax Noncompliance

Posted on May 15, 2010
The Government Accountability Office yesterday released IRS May Be Able to Improve Compliance for Nonresident Aliens and Updating Requirements Could Reduce Their Compliance Burden (GAO-10-429): For tax year 2007, nonresident alien individuals filed about 634,000 Forms 1040NR, the U...

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