Tax Law

Counselor, you’re out of order.

Lawyer jokes notwithstanding, most lawyers are ethical, honorable, and competent. That’s why we tend to focus on attorney misbehavior in these pages; it’s more newsworthy. If a lawyer complies with the law or serves a client well, that’s not exactly “news”; it’s what lawyers are supposed to do, and what most lawyers do most of the time.

Alas, sometimes lawyers fall short of our profession’s high standards. Today we look at allegations of a high-ranking government lawyer abusing the perks of his office, a tax lawyer engaging in tax fraud, and a real estate lawyer who has people real mad — after taking $4 million from them.

Which of these attorneys deserves to be our Lawyer of the Day? We’ll describe their alleged misdeeds, outline the reasons for and against Lawyer of the Day honors, then let you vote for the winner….

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* The author of Even Greater Response to a Cease & Desist Letter fame sent the ATL office some glitter pens because Staci asked for one in the comments. Keep being awesome Andrew Delaney! [Twitter]

* Tired of the National Zoo Panda Cam? A USPTO attorney has created the Substitute Panda Cam. I wonder if the cam will survive the shutdown. [Substitute Panda Cam]

* Well, wonder no more! Here’s a rundown of how the shutdown is treating the intellectual property world. [Patently-O]

* So if you’re part of the intellectual property legal regime that’s shut down (or any government employee off because of the shutdown), here’s a list of all the drinking specials in D.C. you can use to fill your day. [Washington Post]

* An update on Bike Dude. [Racked]

* Some advice on handling terrible clients. Alternate title: 50 Shades of Grey. [The Careerist]

* St. Charles Parish Judge Michele Morel has finally agreed to recuse herself in a trial over the rape of a 10-year-old girl. And why should she have recuse herself? Just because she has a personal relationship with the defendant’s family? Pshaw! [Times-Picayune]

* Happy 100th birthday to income tax! Back then, someone with around $12 million (in 2013 dollars) paid about 7 percent in taxes. Meanwhile, today that same person would pay… well, with deductions and carried interest exceptions, probably about 7 percent. [TaxProf Blog]

* Lawyers from the DOJ are literally begging judges to stay their litigation cases because they’re not allowed to work unless it’s an emergency. How very lucky for U.S. Air. [Blog of Legal Times]

* FYI, the IRS wants to further screw victims of layoffs. If you were recently laid off and received a severance package from your firm, this is a SCOTUS case you’ll want to follow this Term. [Reuters]

* Which Biglaw firm has the best brand in the world? We’ll give you a hint: it’s not the new top dog on the Am Law Global 100 (and that glorious firm didn’t even finish in second place). We’ll have more on this later. [Am Law Daily]

* Yet another Biglaw firm just elected its first woman chair ever. Congratulations to Jami Wintz McKeon, the power litigatrix who will lead Morgan Lewis to great success in the coming years. [Am Law Daily]

* Thanks to another huge gift from an alumnus, U. Chicago Law is going to create a business leadership program at the school. Yay! [DealBook / New York Times]

* Some corporate “girl on girl action”: ex-employees of the National Association of Professional Women are now suing the organization over a female manager’s sexual harassment. [DealBook / New York Times]

* New Jersey’s AG is desperately trying to delay the issuance of same-sex marriage licenses after a trial judge’s ruling last week. At this point, the Garden State’s arguments are just livin’ on a prayer. [Bloomberg]

* Big data is coming for the law. I, for one, welcome our new computer overlords. [Associate's Mind]

* Judge tells a Sikh man to “remove that rag” or go to jail. Guess which state! [ACLU]

* The feds are at it again, posting a job opening for an uncompensated “Special Assistant U.S. Attorney.” Finally a government job that contract employers can point to and say, “See, $10/hour isn’t so bad…” [A Connecticut Law Blog]

* Law firms are getting out-hustled by a number of other service providers. [ABA Journal]

* Lawyers are terrible leaders. And if you don’t understand business, you can’t really be a good advocate. This also explains why firms are getting out-hustled per the prior item. [Fashion Law Blog]

* The Supreme Court Historical Society & The Historical Society of the New York Courts Present are hosting a CLE event called “Learned in the Law: Role of the U.S. Solicitor General…a New York Point of View” on October 25. Tickets are $30. [Historical Society of the New York Courts]

* Paul Konigsberg, Bernie Madoff’s tax lawyer, has been arrested. Hopefully he won’t get screwed. [Crain's New York Business]

* Is the series finale of Breaking Bad a trade secret? A better question is whether the recipe for Blue Sky is a trade secret. Video after the jump….

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* Johnny Football failed to defeat Alabama on Saturday (though he was gentlemanly enough to keep Bama from covering the spread), but now he has a tougher foe in the IRS. [TaxProf Blog]

* Don’t be that guy who takes naked pictures of your girlfriend. And definitely don’t be that guy who takes naked pictures of his 16-year-old girlfriend while married to the girl’s older sister. In other words, don’t be this lawyer. [Legal Profession Blog]

* Are you an attorney on LinkedIn? Have people been endorsing your legal skills? Congratulations, you’re probably violating an ethical obligation! [IT-Lex]

* Another round-up of people with law degrees who decided to be famous for something other than lawyering. When the list kicks off with Geraldo Rivera and Jerry Springer, you know you’re in for a classy list. [Millington Star]

* One year later, a look at how the Steubenville rape case has affected the town. [Jezebel]

* The world of litigation finance suffers some setbacks as it turns out lawsuits might be the only investment less stable than the Twitter IPO. [Wall Street Journal]

* Time for some more legally themed poetry! This time, let’s get all Edgar Allan Poe up in here. [Poetic Justice]

* Following up on our event in Toronto last week, Bruce MacEwen recapped the evening’s discussion here. [Adam Smith, Esq.]

* Even at the top of the in-house food chain, women lawyers are still paid less than their male counterparts. But hey, at least they’re not being forced to cry poverty like their in-house staff attorney brethren. [Corporate Counsel]

* Neil Barofsky, the former King of TARP in the United States, is making the move to Jenner & Block, specifically because as opposed to all other firms, “Jenner took the side of really getting to the truth of the matter.” [Reuters]

* Luxury fashion is fun: four Biglaw firms, including Cleary Gottlieb, Cravath, Torys, and Proskauer Rose, all took Tim Gunn’s mantra to heart to make it work for the $6 billion sale of Neiman Marcus. [Am Law Daily (sub. req.)]

* If you want to try some lawyer, we hear that they taste great when poached this time of year. Speaking of which, Troutman Sanders just reeled in three attorneys from Hunton & Williams. [Richmond BizSense]

* Law schools in the Dakotas are renovating their buildings in the hope of enrolling more students. Luckily, South Dakota has that sweet indentured servitude plan. [Prairie Business; National Law Journal (sub. req.)]

* If you’re thinking of applying to law school, here’s a plan of attack for the month of September. That’s right, friends, you can start gunning right now! [Law Admissions Lowdown / U.S. News & World Report]

* Are you ready for some tax law?! The NFL and other professional sports leagues might lose their nonprofit status if new tax reform legislation makes it through the House and the Senate. [Businessweek]

* Fort Hood shooter Major Nidal Hasan gets the death penalty. Looks like that gradual end of the death penalty won’t be fast enough for him. [CNN]

* Man gets 30 days in jail for raping a 14-year-old who later killed herself. The judge explained that he’d already been punished with “the scarlet letter of the internet.” The new sentencing guidelines are really web-literate. [Jezebel]

* Infilaw is taking over Charleston School of Law eliminating all the pretense. [Post and Courier]

* On that note, Steven J. Harper discusses President Obama’s call to eliminate the third year of law school. Simpler Harper: Law schools and the ABA are too vested in ripping off students to listen to reason. [Chronicle of Higher Education]

* The “most intimidating man in hip-hop” is a Columbia Law grad. Hip-hop has come a long way from allegedly dangling rappers off hotel balconies. [GQ]

* The Internet Strikes Back: A new crowdsourcing tool tracks IP trolls. [Technology Law Source]

* A call for former law clerks to fight for an end to sequestration. [Judicial Clerk Review]

* The state-legal yet federal-illegal status of medical marijuana leads to some very complex tax returns. You should smoke up to take the edge off. [TaxProf Blog]

* For those beginning law school, here’s some advice from the National Women Law Students’ Organization. [Ms. JD]

Last month, we reported on the mounting evidence that NYU, both the university as a whole and the law school specifically, employed a number of charitable organizations to provide faculty and staff with what can be safely called sweetheart deals on real estate and loans.

The investigation is a little unfortunate, given that it arises from a political witch hunt directed by Senator Chuck Grassley against Treasury Secretary Jack Lew. But a Senate investigation is a Senate investigation and NYU needs to suck it up and comply.

But, according to Grassley, NYU has ever so politely given him the finger…

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* The Obama administration has decided to delay the employer health care mandate until 2015. What does that mean for you? Well, since you’re not a business, you still have to purchase health insurance by 2014. Yay. [Economix / New York Times]

* Untying the knot is harder than it looks: Gay couples stuck in loveless marriages they’ve been unable to dissolve due to changing state residency may be able to find new hope in the Supreme Court’s recent DOMA decision. [New York Times]

* Clinical professors are pushing the ABA to amend its accreditation standards to require practical skills coursework. Amid faculty purges, they’re committed to do whatever it takes for additional job security. [National Law Journal]

* If you’re heading to a law school recruitment forum and want to get ahead in the applications process, make your mark by acting professionally, not by dressing like a d-bag. [U.S. News & World Report]

* “As a parent we’re not always proud of everything they do.” Of course there’s a prosecution inquiry being made into the Don West ice cream cone picture that ended up on Instagram. [Orlando Sentinel]

* Lawyerly lothario Zenas Zelotes has been suspended from practicing law for five months. He should take his own advice, find an ethics attorney, and make her his girlfriend. [Connecticut Law Journal]

* When you’re arguing about a video game — online or anywhere — you should probably leave talk of murdering children out of the conversation. You could wind up in jail for months like this guy. [CNN]

* John Tiley, one of the United Kingdom’s most preeminent tax law professors, RIP. [The Telegraph]

It’s just been confusing. We’ll just be glad to do our taxes just like any other family.

Andrew Cohen, a lawyer in New York who married his husband last year, discussing one effect of the Supreme Court’s ruling in United States v. Windsor, which struck down section 3 of the Defense of Marriage Act.

(Additional DOMA discussion, after the jump.)

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