Tax

Online
Essay
Tax Law and Flexible Formalizations
Sarah B. Lawsky
Howard Friedman '64 JD Professor of Law, Northwestern Pritzker School of Law.

Thanks to Joshua Blank, Erin Delaney, Michelle Falkoff, and Denis Merigoux for helpful conversations and for comments on earlier drafts.

Changing technologies render tax law’s intricacy legible in new ways. Advances in large language models, natural language processing, and programming languages designed for the domain of tax law make formalizations, or “representation[s] of [ ] legislation in symbols[ ] using logical connectives,” of tax law that capture much of its substance and structure both possible and realistic. These new formalizations can be used for many different purposes—what one might call flexible formalizations. Flexible formalizations will make law subject to computational analysis, including creating automated explanations of the analysis and testing statutes for consistency and unintended outcomes. This Essay builds upon existing work in computational law and digitalizing legislation.

Online
Essay
A Proposal for Police Reform: Require Effective Accountability Measures in Police Union Contracts as a Condition of Tax-Exempt Status
Brian Mogck
Brian Mogck is a partner in the New York law firm of Walden Macht & Haran LLP. The views expressed are solely his own and do not express the views of the firm, its personnel, or any of its clients.

The author gratefully acknowledges the helpful comments on prior drafts from Derek Borchardt, Daniel Chirlin, Christopher Dioguardi, among other generous readers, and the research assistance of Theodora Danias. All errors are the author’s alone.

In the wake of the May 25 police killing of George Floyd in Minneapolis, government leaders across the nation are urgently considering reforms that might prevent police brutality.

Online
Essay
The Troubling Case of the Unlimited Pass-Through Deduction: Section 2304 of the CARES Act
Clint Wallace
Clint Wallace is an Assistant Professor of Law at the University of South Carolina School of Law.

The author thanks Lad Boyle, Ari Glogower, Daniel Hemel, Greg Polsky and Steve Rosenthal for discussion and feedback. He also thanks Madison Rinehart for assistance with research, and Matthew Reade and his colleagues at the University of Chicago Law Review for their attentive editing. Other work by the author is available here.

When the CARES Act was signed into law in late March 2020, it looked to be an appropriately extraordinary legislative response befitting the extraordinary public health and economic challenges presented by the COVID-19 pandemic.

Online
Essay
Corporate Behavior and the Tax Cuts and Jobs Act
Nicholas H. Cohen
Nicholas Cohen is the Founder and Principal of LobbySeven LLC, where he regularly publishes on fiscal policy through a quantitative lens.
Manoj Viswanathan
Manoj Viswanathan is an Associate Professor of Law at the University of California, Hastings College of the Law.

Thanks to Amrita Sethi for outstanding research assistance.

The Tax Cuts and Jobs Act of 2017 (the “TCJA”) fundamentally altered United States tax law.

Online
Essay
Paying with Lumps
Brian Galle
Brian Galle is a Professor of Law at the Georgetown University Law Center.

The author is grateful to the Coase Sandor Institute and the staff of the University of Chicago Law Review for organizing and carrying out a great conference. He also needs to thank Matt Adler, Yonathan Arbel, Jordan Barry, Jake Brooks, Chris Brummer, Don Langevoort, Michael Pollack, Josh Teitelbaum, and Bob Thompson for helpful comments, and Bobby Bartlett and Justin McCrary for penning the paper that inspired Part IV of the Essay. The biggest thanks, of course, go to Lee Fennell, who wrote a book packed with ideas, and also proffered sharp and gracious commentary on all the symposium papers. We hope she writes another one soon.

Slices and Lumps, the remarkable new book by Professor Lee Fennell, begins from the title itself to tell a story about the instability of how the world is organized. Lumps can be natural things, formed in a bowl by humidity’s kiss, but slices are often the work of human intervention.

Online
Essay
From Slices to Lumps and Back Again: Aggregation and Division in US Federal Income Tax Law
Sarah B. Lawsky
Sarah B. Lawsky is the Benjamin Mazur Summer Research Professor of Law at Northwestern Pritzker School of Law.

The author wishes to thank Joshua Blank, Neil Buchanan, Erin Delaney, Michelle Falkoff, David Weisbach, and participants in the Slices and Lumps symposium for helpful discussions and comments.

Law engages aggregation and division in at least one additional, closely related way: law must sometimes decide the proper unit of analysis not just in deciding whether the law has been violated, but also to decide what body of law applies.

Tax