Browsing by Author "Camp, Bryan T."
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Item Equitable Principles and Jurisdictional Time Periods, Part 1(Tax Notes, 2017) Camp, Bryan T.This two-part report explores that phenomenon and suggests how practitioners can help the Tax Court properly apply equitable principles to the time limitations found in sections 6213, 6320, 6330, and 6015. I submit that the Tax Court (and other courts) reason backwards. They first try to decide whether a given period is “jurisdictional.” Once they affix a label, they then use it to drive their analysis on whether to apply equitable principles. I believe the better approach — the one more consistent with relevant Supreme Court precedent — is to first evaluate whether equitable principles should apply to the time period Congress has created. Periods that are not appropriately modified by equitable principles can then be labeled jurisdictional. Or we can call them a banana. The label doesn’t matter because it simply results from the relevant analysis. This Part I of the report addresses the lie. It reviews cases in which the Supreme Court and other courts have indeed applied equitable doctrines to jurisdictional time periods. It describes the Supreme Court’s continuing but uncertain distinction between periods that are jurisdictional and those that are “mere” claims processing rules. Because we are stuck with that distinction, Part I suggests that a better way to approach the distinction is to look at the purpose of the limitations period. That purpose will often help decide whether Congress has left room for courts to apply equitable principles to the limitations period. If there is room, the limitations period should not be labeled jurisdictional.Item Franklin Roosevelt And The Forgotten History Of The Earned Income Tax Credit(Green Bag 2d, 2017) Camp, Bryan T.On line 27 of Franklin Roosevelt’s 1934 tax return, he claimed an “Earned income credit” of $1,400. The author was curious about it and discovered a bit of lost history about the never-ending battle between labor and capital, and some interesting connections between the lost history and tax policy embodied in the current Earned Income Tax Credit. The author demonstrates that both subsidies rest on a normative concept of progressivity, grounded in the concept of ability to pay tax.Item Protecting Trust Assets from the Federal Tax Lien(Estate Planning & Community Property Law Journal, 2009) Camp, Bryan T.One common issue facing those who create trusts is how to protect beneficiaries from creditors. One of the biggest creditors is the Internal Revenue Service (IRS), which has two weapons of mass collection: the federal tax lien and the federal tax levy. These weapons regularly pierce boilerplate spendthrift provisions. Discretionary trusts do not fare much better. Court decisions over the past ten years made it increasingly likely that even pure discretionary trusts contain clauses that will traitorously turn over the treasure house keys to the federal tax lien. Once the lien attaches, the IRS can enforce it through either administrative or judicial attachments, blowing through state law barriers that keep out other creditors. This Article offers some ideas on how to keep the federal tax lien locked out from trust assets using property law concepts of springing and shifting executory interests.