Tax Law

With the Supreme Court’s 2013 term concluding on Monday, many Americans are assessing how they feel about the judicial branch of their government. Even if you are still reeling about some of the decisions made recently by the least dangerous branch, don’t forget the executive. The president and his agencies can also make you wonder how the American experiment is panning out.

On Tuesday, U.S. District Judge Reggie Walton issued an order to hear oral arguments from lawyers representing the Internal Revenue Service and the conservative nonprofit True the Vote. True the Vote is one of the conservative groups claiming IRS improperly targeted its application for nonprofit status based on the group’s political and philosophical affiliation. True the Vote filed a motion for a preliminary injunction and expedited discovery on Monday, calling for an independent forensics examination of any IRS hard drives, servers, or other computer hardware involved in the government agency’s possible targeting of conservative nonprofits’ applications for tax-exempt status. It wants an outside computer expert to try to ascertain how and when any electronic evidence, such as former IRS Commissioner Lois Lerner’s emails, may have been lost. Also, it would be great if the government didn’t spoliate — I mean “recycle” — any more evidence….

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* In case you missed this piece of news amid yesterday’s Supreme Court madness, the Tenth Circuit found Utah’s ban on gay marriage unconstitutional. It’s the first federal appeals court to make such a ruling. Hooray! [New York Times]

* “Just about everyone he came in contact with, he managed to corrupt.” Paul Daugerdas, formerly of Jenkins & Gilchrist, was sentenced to 15 years for his role in an $8B fraud scheme. [Businessweek]

* Despite what you may have been led to believe, not all patent awards are as high as those you see in media headlines. Fewer than 2% of infringement cases even result in damages. [National Law Journal]

* When is it okay to turn down a Biglaw offer and head to a plaintiffs firm? Probably when you’re planning to file a massive class-action suit against the MLB on behalf of minor leaguers. [St. Louis Post-Dispatch]

* William Mitchell Law’s new J.D. program is the first of its kind to be approved by the ABA. It’s half online, half on-site (does 9 times count as half?), and we see more like this coming down the line. [U.S. News]

* You’d think a tax attorney would remember to file a tax return. You’d be wrong. [SF Gate]

* You think you have difficult clients? Try representing a sovereign hellbent on making political hay by contradicting every representation you make in court. [Reuters]

* Dov Charney out at American Apparel. And he seemed like such a nice guy… [Slate]

* The Central Park Five civil rights lawsuit has settled for $40 million — or roughly $1 million for each year the accused spent in prison. [New York Times]

* It’s a bad week for everyone affiliated with the Miami Heat. Now they’re losing to bloggers. [South Florida Lawyers]

* In an unfortunate follow-up, the effort to unionize some lawyers at Bloomberg has fizzled and the primary organizer has been fired with no severance and a baby on the way. Which is surely a complete coincidence and not related to his organizing activity at all. [Fortune]

* Former Delaware Supreme Court Justice Carolyn Berger has resigned and she is not bashful that it’s all to do with being passed over as chief justice in favor of Leo Strine. [Delaware Law Weekly]

* Save the date, D.C. The 2nd Annual Go Formal for Justice gala will be held October 18. [DC Bar Foundation’s Young Lawyers Network / Facebook]

* Yale Law grad and former Senior Counsel to the World Bank, Karen Hudes, wants you to understand that JFK was killed over the gold standard and that there’s a species of coneheads in control of the Vatican. We should do a Career Alternatives on her. Video after the jump… [Starship Earth: The Big Picture]

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* While you weren’t looking, Phil Mickelson was cleared of insider trading of Clorox options. How does Lefty get his reputation back? Shooting better than 70 at Pinehurst would help. [mitchellepner]

* Lat reviews The Good Lawyer (affiliate link) by Douglas O. Linder and Nancy Levit. [Wall Street Journal]

* Canada grants asylum to Florida sex-offender. Maybe Canada can give a hand to Crystal Metheny. [National Post]

* Lawyer charged with stealing from clients defends himself: “[Wife] had become accustomed to a lavish lifestyle that generated living expenses of $40K per month.” Well then! [Seattle Post-Intelligencer]

* Can President Obama just raise taxes unilaterally? Apparently so. [DealBook / New York Times (gavel bang: TaxProf Blog)]

* So as I read this, someone who definitely bought prostitutes to influence people is accusing someone else of allegedly buying prostitutes to influence people. [Forbes]

* How to make the most of your summer associate experience and not screw up spectacularly (though if you choose to screw up spectacularly, please do it in a reportable way). Video below… [Mimesis Law]

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* The intellectual property history of dog leashes. How long is a patent in dog years? [Slate]

* Trinity Western University, the new law school that bans gay people, just earned a thumbs down vote from thousands of area lawyers objecting to its accreditation. [CBC]

* 10 real-life laws that regulate the supernatural world. [io9]

* There’s a new bill of rights in this country and it comes from the IRS. The right to basically avoid taxes is only on the form for rich people. [TaxProf Blog]

* Mass incarceration in this country degrades citizenship. Sadly, this statement needed to be made. [Boston Review]

* After receiving an award, a young lawyer blasts legal aid cuts. [Legal Cheek]

* The Daily Show examines the ongoing effort to unionize college football with commentary by Dee Dee Benkie. She’s wrong of course — college football unions would work like professional sports unions representing players who face exactly the same workplace hazards, instead of stereotypical longshoremen — but it’s good to see even an anti-union advocate agreeing that players deserve something more than what they currently get. Video below…. [The Daily Show]

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Dzhokhar Tsarnaev

* If you want to become a Supreme Court justice, you can start by attending one of these three schools. The schools that produced the most justices are Harvard Law, Yale Law, and Columbia Law. [TIME]

* Many of the transactional practice areas that took a bruising during the height of the recession, like corporate work, M&A, real estate, and tax, seem to be coming back. Sorry litigators. [WSJ Law Blog]

* Following Oklahoma’s botched lethal injection, another death row inmate has been given a new lease on life — for the next six months — while an investigation is being carried out. [Associated Press]

* Members of the defense team for accused Boston Marathon bomber Dzhokhar Tsarnaev not only want their client’s comments after arrest stricken from the record, but they also want the death penalty off the table. Good luck. [CNN]

* A lawyer was arrested after a school board meeting because he complained for too long about a graphic sex scene in a book his daughter was assigned to read for school. That’s typical. [New York Daily News]

Tax Day was earlier this week. Like many Americans, I said some prayers — and a few curses — and hoped that Turbo Tax made sense of my mid-year move from D.C. to Texas, my investment roll-overs, my handful of I-9s and W-2s. I did my damnedest to be “true, correct, and complete,” as the IRS insisted. Former Secretary of Defense Donald Rumsfeld admitted via Twitter that he has “absolutely no idea whether our tax returns and our tax payments are accurate,” though, of course, he didn’t say that he knew that they weren’t accurate.

Campaign for Liberty, Ron Paul’s 501(c)(4) organization, announced this week that it’s actually pretty sure that its tax recent filings are incomplete, even if true and correct. (Two out of three ain’t bad?) According to C4L, the organization refused to divulge the names of its donors when it filed its IRS 990 forms. The IRS fined Campaign for Liberty just shy of $13,000, plus growing interest for each day the fine goes unpaid.

How did Campaign for Liberty respond? Not as you might expect….

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Mmm… taxes.

* Click here if you’d like to see how Obama evolved to his current position on same-sex marriage. Alternatively, click here to see a terribly Photoshopped picture of Obama catching a basketball bouquet. [New York Times Magazine]

* Should you enroll in law school? Should you do it… TODAY? Please come on over and take a look at the latest parade of law professors trumpeting right now as the best time ever to go to law school. [National Law Journal]

* University of Colorado School of Law just received its largest gift ever, to the sweet tune of $10 million. It’ll fund $400,000 in student scholarships, but mostly, it’ll be used to hire MOAR law professors. [Denver Business Journal]

* Boston Marathon bombing suspect Dzhokhar Tsarnaev will be allowed to view victims’ autopsy pictures and visit privately with his sister. Members of his crazy fan club must be so incredibly jealous. [CNN]

* Next time, make TurboTax your “cheap whore”? This guy claims he was “seduced” by an IRS agent who then refused to help him with his tax audit. He sued, and is now appealing to the Ninth Circuit. [ABC News]

Lindsay Lohan

* Noah “Kai” Newkirk, the protestor who disrupted Supreme Court arguments in February, was sentenced to time served and barred from the court. Don’t worry, we’ll get you all the SCOTUS clerk news you need, cutie. [Associated Press]

* “There are still a lot of firms out there hoping the good old days are going to return, and are finally coming to the realization that that isn’t going to happen.” More on Biglaw layoffs. [Am Law Daily]

* Yet another law school gets its rating downgraded by Moody’s. As a standalone school with “substantial declines in JD enrollment,” Vermont Law’s outlook is now negative. Sad trombone. [Moody's]

* Jason Bohn, the heavily indebted law school grad once profiled by the New York Times, was convicted of murdering his girlfriend last month, and now he’s been sentenced to serve life in prison. [New York Post]

* “Is the Tax Code really 70,000 pages long?” No, not really. We wonder who started the rumor that it was so long, because in reality, it’s only about 2,600 pages long — which is still way, way too long. [Slate]

* It appears that the apple doesn’t fall too far from the tree with this celebrity family. Lindsay Lohan’s mother, Dina Lohan, pleaded guilty yesterday to drunken driving and speeding charges in New York. [CNN]

* Remember to enter the Sixth Annual Law Revue competition. The submission deadline is Thursday at 5. [Above the Law]

* Johnny Depp subpoenaed in a murder case. He’ll finally pay for what he did to basic dignity in that Lone Ranger movie. [TMZ]

* Speaking of murder, a court in Pakistan has dropped the attempted murder charges that had been filed against a 9-month-old baby. Maggie Simpson nods in approval. [NBC News]

* The difference between this student note and your student note is that this one is guiding Department of Justice policy. [Wall Street Journal]

* Professor Susannah Pollvogt identifies the key issues raised in the Kitchen v. Herbert oral argument. [Pollvogtarian]

* The Income Tax turns 100. You’re looking fabulous. [TaxProf Blog]

* The fallout from Heartbleed continues. Here are a few legal websites affected by the glitch. [ATL Redline]

* Jon Stewart has some choice words for the Gibson Dunn report that Chris Christie commissioned and that not-so-surprisingly came out in Christie’s favor. Video after the jump…. [Comedy Central]

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