Tax Law

The Tax Advantage to Paying Private Equity Fund Managers with Profit Shares: What Is It? Why Is It Bad?
Chris William Sanchirico
Professor of Law, Business, and Public Policy and Codirector of the Center for Tax Law and Policy, University of Pennsylvania Law School, Wharton School, Business and Public Policy Department

For helpful comments, I thank Alan Auerbach, Alan Blinder, Mitchell Engler, Victor Fleischer, Mark Gergen, Kevin Hassett, James Hines, Mitchell Kane, Alex Raskolnikov, Julie Roin, Frank Sammartino, Daniel Shaviro, Joel Slemrod, Gene Seago, David Weisbach, Larry Zelenak, and participants at the University of Michigan’s Tax Policy Workshop Series and NYU’s Colloquium Series on Tax Policy and Public Finance. Special thanks to Reed Shuldiner and Michael Knoll for many useful discussions. This research was not supported by funding from any outside source. The working paper version of this Article was first circulated and posted on SSRN on June 25, 2007. See Chris William Sanchirico, The Tax Advantage to Paying Private Equity Fund Managers with Profit Shares: What is It? Why is It Bad? (University of Pennsylvania Institute for Law and Economics Research Paper No 07-14, June 25, 2007), online at 996665 (visited June 8, 2008).

Affordable Private Education and the Middle Class City
Nicole Stelle Garnett
Professor of Law, Notre Dame Law School

I received valuable comments from participants in The University of Chicago Law School’s Symposium, Rethinking the State and Local Government Toolkit, and from Tricia Bellia, Peg Brinig, Rick Garnett, Mark McKenna, and John Nagle. Jessica Laux and Mariangela Sullivan provided excellent research assistance.

The Label Test: Simplifying the Tax Injunction Act after NFIB v Sebelius
Brett J. Wierenga
BA 2014, Hillsdale College; MSc 2015, University of Oxford; JD Candidate 2018, The University of Chicago Law School

In National Federation of Independent Business v Sebelius (“NFIB”), the Supreme Court maintained both its jurisdiction over the case and the constitutionality of the Affordable Care Act (ACA) by threading the needle between the Anti-Injunction Act (AIA) and Congress’s taxing power under the Constitution.

The Unexpected Role of Tax Salience in State Competition for Businesses
Hayes R. Holderness
Assistant Professor of Law, University of Richmond School of Law; JD, 2011, NYU School of Law; LLM, 2012, NYU School of Law

Many thanks to the faculty of the University of Illinois College of Law for the support and guidance provided to me while drafting this Article as a Visiting Assistant Professor of Law at the College. My particular gratitude belongs to John Colombo, Dhammika Dharmapala, David Gamage, Ari Glogower, Michael Hatfield, Paul Heald, Dick Kaplan, Bob Lawless, Laurie Malman, Arden Rowell, Erin Scharff, Darien Shanske, Jamelle Sharpe, Lesley Wexler, the participants at the 2016 Big Ten Junior Scholars Conference, and the participants at the Washington University Faculty Workshop Series for their time and insights regarding earlier drafts of this Article.

In 2012, Amazon agreed to invest $130 million in building two fulfillment centers and to create 1,500 jobs in New Jersey in exchange for the state relieving Amazon of its sales-tax-collection obligations.