The Tax Institute
Directed by Professors Eric Lustig, Sarah Salter, Kent Schenkel, and Wilton Hyman
A strong tax program has been central to New England's business curriculum for many years. "Tax law is a critical component of every aspect of business law," says Professor Lustig. "All business lawyers should be conversant with basic income tax issues, because business decisions routinely incorporate tax concerns. Other areas of practice rely on a knowledge of the effect of tax law and tax policy as well."
- Addressing a full range of tax issues from both regulatory and compliance perspectives, this institute ensures that the CBL tax program remains a strong core discipline of the school.
- Current research includes a comparative study of U.S., Canadian, and European taxation of Internet transactions.
- A study of United States, European, and Canadian systems and proposals for taxation of Internet transactions, which is also examining the disclosure requirements imposed on publicly traded companies after discovery of an intrusion into corporate databases or other computerized information.
- Professor Sarah W. Salter, institute co-director, has worked extensively with legislative committees on tax statutes. Professor Eric A. Lustig, who co-directs the institute with Salter, served as attorney-adviser to the Hon. Lawrence A. Wright of the U.S. Tax Court in Washington, DC, before joining the CBL faculty. He has written extensively on tax policy and the “new IRS.” Professor Kent Schenkel practiced for a number of years as a specialist in estate and gift tax planning, and has written articles addressing federal transfer tax issues. He teaches courses on wills and trusts, estate planning, and federal income tax. In addition to having taught at New England Law | Boston and North Carolina Central University School of Law in Durham, NC, Professor Hyman also practiced law in Greensboro, NC, representing nonprofits and small, minority-owned businesses on administrative, regulatory, and tax issues.
Student Projects
Jordan Baumer ’11, Michael Saracino ’11 2009 ABA Tax Writing Competition –
New England Law | Boston students Jordan Baumer '11 and Michael Saracino '11 are taking on the challenge of the ABA Section on Taxation's 2009 Law Student Tax Writing Competition. Jordan and Michael are competing against students from other law schools in this competition, which requires them to write a memorandum and client letter that proposes certain tax planning in response to a given fact situation.
B.L.C. International Tax Project –
a critical examination of proposals to change the tax treatment of corporations generating income through international transactions, especially when business profits are funneled through a "tax haven" country. The United States is considering a reform in its current system of deferring tax on profits that U.S. corporations make overseas. The reform, according to the preliminary budget released in February, would increase tax revenues by $210 billion in the period 2011-2019. However, the details of the proposed reform, much less any final statutory enactment , are unclear. The preliminary budget contains only the hint "reform deferral."
After years of pressure from critics of its international tax system, Canada has recently re-examined its method, which is different from that of the U.S. Our project will compare the Canadian system and the alternatives it considered for reform, to the current U.S. system, and suggestions for its reform. One primary focus of the study is the relationship between those systems and the WTO/GATT rules. When one aspect of the U.S. system was examined after a challenge by the European Union, it was held to violate those rules and constitute a "subsidy" of sales abroad. Changes in the systems may create additional incentives for U.S. corporations to shift operations to the other countries, or conversely constitute a burden that disadvantages U.S. products in foreign markets.
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