Tax Courses, Seminars, and Reading Groups (2009-2010)

Complete course descriptions will be available on-line through the Harvard Law School Registrar's Office.

Foundational Course

Taxation (4 credits) focuses on the U.S. federal income tax and the policy considerations that inform the design of the tax, which has become an important governmental tool for influencing many aspects of modern American life. The course accordingly examines not only the concept of taxable income, but also how the federal government uses the tax to influence the behavior of taxpayers, whether wealthy (e.g., the capital gains preference), middle-income (the education credits) or lower-income (the earned income credit). A principal goal of this course is also to teach students to analyze and apply a complex federal statute. Warren (Spring 2010), Halperin (Fall 2009), Alstott (Spring 2010), Kaplow (Fall 2009). Unless otherwise indicated below or waived by the instructor, Taxation is a pre-requisite for J.D. students in the advanced tax courses.

Advanced Courses

Taxation of Corporations and Shareholders (4 credits; 3 credits 2009) covers the tax issues involved in the organization, operation, and reorganization (including through mergers and acquisitions) of U.S. corporations, particularly publicly-held corporations. This course provides the tax background necessary to understand the structure of many common business transactions. The Corporations course is a recommended preparation. Warren (Spring 2010).

Taxation of Partners and Partnerships (2 credits) covers many of the same transactions for business organizations that are not publicly-held, such as partnerships and limited liability companies, which are treated as pass-through entities for tax purposes. The growth of such organizations in recent years (often with public corporations among their partners) has meant that partnership taxation is of much greater importance in legal practice today than in the past. (Not scheduled to be offered in 2009-2010)

Taxation of International Transactions (3 credits) examines the U.S. tax laws and policies relating to the foreign income for U.S. individuals and companies and U.S. income for foreign individuals and companies. These issues have become increasingly important with the growth of international business transactions. Ring (Spring 2010).

Taxation of Estates and Gifts (4 credits) deals with the federal taxation of gratuitous property transfers during life and at death, focusing on estate and gift taxation. Holders of even relatively modest wealth can be affected by these taxes, so family advisors should understand their operation. (Not scheduled to be offered in 2009-2010).

Law of Non-Profit Organizations (3 credits) covers the treatment of charities, universities, hospitals, foundations, and other non-profits, including requirements to qualify for tax and other benefits. Although these entities are formally nontaxable, federal regulation of non-profits is, somewhat surprisingly, largely accomplished through the tax system. Fremont-Smith and Spitzer (Spring 2010).

Executive Compensation, ERISA, and Related Topics surveys the basics of Title I of ERISA, including both those unique to ERISA and those with parallels in the Internal Revenue Code, as well as the additional Code rules relevant to tax-favored retirement plans. A substantial portion of the class will be devoted to discussing the tax-based and other rules applicable to executive compensation. Zorn (Fall 2009).

Taxation: Comparative Law Tax and Policy (2 credits) examines different solutions to common problems of tax system design in several major industrialized countries. Examples of the kinds of issues to be discussed include different national approaches to the definition of income, jurisdiction to tax, prevention of tax avoidance, and the relationship of corporate and individual taxes. (Not scheduled to be offered in 2009-2010)

International Tax Policy (2 credits) involves an exploration of the tax policy issues underlying the international tax aspects of a country's tax system. It will focus on tax policy issues rather than the substantive rules of international tax, although there is an intimate connection between the policy and the rules that give expression to that policy. The course does not focus on any particular country's tax system. Instead, it involves an analysis of the most fundamental structural elements of an international tax system that are common to most countries' systems. Topics will include residence, source of income, elimination of double taxation, anti-avoidance measures such as transfer pricing, thin capitalization, and controlled foreign corporation rules, and tax treaties. Arnold (Winter 2010).

Seminars and Reading Groups

Taxation Seminar: Current Issues in Tax Law, Policy, and Practice (1 credit) will meet every other week during the fall term to consider a range of current issues in taxation focusing on works-in-progress by invited participants. Professors Halperin and Desai will organize the seminar, and the other members of the HLS tax faculty will be regular participants. This is a required course for LL.M. students in the Taxation Concentration. Written Work for both the J.D. and LL.M. programs may be done in conjunction with this seminar. Halperin (Fall 2009).

Low-Income Workers (2 credits) focuses on legal regimes that affect low-income workers and families. A major focus of the course will be U.S. laws and policies that attempt to increase or supplement low wages, including the EITC, other wage subsidies, and the minimum wage. Another major focus will be U.S. transfer programs that assist low-income workers, including TANF, Food Stamps, Unemployment Compensation, and Social Security. As part of our study, we will consider child care assistance and other programs that aim to assist with the costs of employment. We will also compare U.S. policies with those of other industrialized countries, and we may spend one session on efforts to unionize low-wage sectors of the workforce. Students will write several short papers. Alstott (Winter 2010).

America’s Fiscal Future Reading Group will explore the fiscal position of the U.S. and the potential for fundamental tax reform in the next decade. We will begin with an assessment of the current budget and present forecasts for the evolution of public debt. The fiscal structure of the U.S. will be contrasted with other major developed economies. Major reform alternatives will be analyzed with particular attention on the creation of a value-added tax (VAT) and the experience of other economies in implementing a VAT. Students should emerge with an understanding of the current fiscal structure of the U.S. and the major fiscal policy choices facing the U.S.