Tax Law

Tax Experimentation

Michael Abramowicz

Abstract Random experiments could allow the government to test tax policies before they are enacted into general law. Such experiments can be revenue-neutral, with the tax authority ensuring ex post that average tax revenues received from taxpayers in the treatment and control groups are equal. Taxpayers might thus volunteer even for experiments that would broaden […]

Cole Barnett & Chris Weeg, Intervention in the Tax Court and the Appellate Review of Tax Court Procedural Decisions

The Tax Court is an Article I court. It resolves more than 95% of all tax-related litigation—actually nearly 97% of the total federal tax docket in 2012. Despite this substantial role in federal litigation, scholars and courts have generally put aside the issue of what standard is appropriate when a U.S. federal court of appeals […]

Lily Kahng, The Taxation of Intellectual Capital

Intellectual capital—broadly defined to include nonphysical sources of value such as patents and copyrights, computer software, organizational processes, and know-how—has a long history of being undervalued and excluded from measures of economic productivity and wealth. In recent years, however, intellectual capital has finally gained wide recognition as a central driver of economic productivity and growth. […]

Cole Barnett, United States v. Woods and the Future of the Tax Blue Book as a Means of Penalty Avoidance and Statutory Interpretation

The Blue Book is a “General Explanation” of tax law prepared by the Joint Committee on Taxation, and is commonly relied upon by both taxpayers and the Internal Revenue Service (IRS). In United States v. Woods, the U.S. Supreme Court broadly disapproved of judicial deference to the Blue Book when courts are faced with such […]

Illuminating the Dark Matter of Intellectual Capital

Charlene D. Luke

Abstract Response to Lily Kahng, The Taxation of Intellectual Capital Professor Lily Kahng’s article, The Taxation of Intellectual Capital, highlights the distortion contained in the current tax rules governing capitalization. Her article emphasizes that U.S tax law systematically fails to require capitalization for self-created, high-value intangible assets. Professor Kahng’s contribution is to situate the problem in a […]

Comments on “Taxation of Intellectual Capital:” Better than Consumption-Tax Treatment?

Karen C. Burke

Abstract Response to Lily Kahng, The Taxation of Intellectual Capital In Taxation of Intellectual Capital, Professor Lily Kahng argues that U.S. tax law is fundamentally flawed because it allows businesses to “expense” investments in self-created intangibles. The article draws on research in related areas (knowledge management, financial accounting, and national accounting) that seeks to identify and […]