Roberta Mann - Academia.edu (original) (raw)

Papers by Roberta Mann

This Article examines the tax treatment of Islamic mortgage alternatives and considers the cultur... more This Article examines the tax treatment of Islamic mortgage alternatives and considers the cultural and constitutional implications of the tax treatment of mortgage debt. Islamic law cannot be separated from the religion of Islam, and one of the primary tenets of Islamic law is the prohibition of riba, which is defined by some Islamic jurists as the payment of interest on any loan. Financing institutions, working with Muslim religious leaders, have developed a number of financing instruments that do not violate the prohibition against riba, thus facilitating home ownership for those Muslims who do not feel comfortable with a traditional mortgage. Should payments under such instruments qualify for the home mortgage interest deduction? What are the potential consequences of either permitting or denying a deduction for such payments? This Article discusses the constitutional implications of denying a tax deduction and administrative and regulatory options to accommodate tax deduction o...

This article is a condensation and summary of the “Lincoln-Douglas Debate on Whether to Repeal Co... more This article is a condensation and summary of the “Lincoln-Douglas Debate on Whether to Repeal Code 1031” held at the Teaching Tax Committee meeting at the 2105 ABA Section of Taxation Midyear Meeting in Houston, Texas. The article provides a brief history of section 1031. It then presents arguments for repealing section 1031, such as the inequitable distribution of section 1031 benefits, the asset-type lock-in effect of section 1031, and the administrative burden caused by section 1031. It also presents arguments for retaining section 1031, including equity justification for section 1031 under the continuity-of-investment theory, the asset-specific lock-in effect that section 1031 helps ameliorate, and the potential tax-revenue gains presented by section 1031. It concludes with a discussion of possible reform alternatives, such as a move to a rollover provision and a modification to the definition of like-kind property.

This paper will begin with an introduction of climate change issues, including a brief history of... more This paper will begin with an introduction of climate change issues, including a brief history of international mitigation efforts. The next section will give an overview of cap-and-trade systems and describe how a typical cap-and-trade system would interact with the current federal income tax system. The discussion of the interaction of cap-and-trade with the income tax will include both direct and indirect effects. This section will then compare those effects with the potential impact of a carbon tax. The direct impacts of cap-and-trade on the income tax system occur because the “trade” part of cap-and-trade creates a new financial instrument that needs to be accounted for within the tax system. A carbon tax would not create a new financial instrument. Both a carbon tax and a cap-and-trade system could cause international trade issues that could affect the income tax system. Both a carbon tax and a cap-and-trade system, by placing an additional cost on energy-intensive products, c...

Environmental Economics, 2006

Why should American consumers and businesses be concerned about coal's low cost and continued... more Why should American consumers and businesses be concerned about coal's low cost and continued dominance of the energy market? Because those same consumers and businesses will, sooner or later, be forced to pay the price for continued use of cheap coal. As market forces will not account for the full cost of coal, the government should step in to correct this market failure. However, in the United States, the federal government has done just the opposite; it has encouraged the use of coal through significant tax incentives. The coal industry receives preferential treatment that amounts to the transfer of billions of dollars. This article argues that choosing coal as the primary fuel to generate electricity constitutes a market failure. Tax policy can be used as a tool to correct market failure, but, in coal's case, tax policy exacerbates market failure by providing subsidies. This article will address the social and environmental costs of coal, including miners' health and...

The deduction for qualified residence interest (QRI) is the second largest individual tax expendi... more The deduction for qualified residence interest (QRI) is the second largest individual tax expenditure, after the exclusion for employer provided health insurance. While homeownership has long been viewed as a social good, the QRI deduction has faced criticism. Commentators have argued that it is not consistent with the structure of the income tax system; it is economically inefficient, skewing investment towards private residences; it is inequitable, discriminating against low income people (a group that may disproportionately include people of color), and certain religious minorities; and it is environmentally unsound, encouraging sprawl, excessive energy use, and inefficient transportation choices. In late 2008, the entire world reeled from a global economic crisis, which started with a housing bubble inflated by excessive debt facilitated by subprime mortgages and spread around the economy by mortgage backed securities. Assuming that homeownership provides useful societal benefit...

Political Economy: Taxation, 2020

This Article explores the relationship between taxes and inter-generational equity. At the outset... more This Article explores the relationship between taxes and inter-generational equity. At the outset, Part I of the Article provides an overview of sustainable inter-generational justice and tax policy. Part II then provides an overview of the U.S. tax system, deficits, and public debt. Part III then considers how taxes can influence the level of resources that are available to future generations, and Part IV considers how taxes can influence the mix of resources that are available to future generations.

Although the United States has not yet enacted comprehensive climate change legislation at the Fe... more Although the United States has not yet enacted comprehensive climate change legislation at the Federal level, federal tax laws affecting energy have significant climate change effects. At the regional level, several groups of States have joined together in climate change legislation. Most States and many localities have tax laws affecting energy. State and local governments often enact legislation in response to federal actions, or to fill gaps in federal legislation. When national, state, and local governments all attempt to influence energy use through tax legislation, without coordination, inefficiencies and conflicts are bound to arise. In the absence of Federal leadership on climate change, a second best alternative is coordination between Federal, State and local efforts to encourage energy-wise behavior. This essay explores alternatives for coordination and potential challenges.

Pittsburgh Tax Review, Apr 13, 2020

She would like to thank Professors Anthony Infanti and Philip Hackney for inviting her to partici... more She would like to thank Professors Anthony Infanti and Philip Hackney for inviting her to participate in this symposium issue on the critically important topic of legislation to mitigate climate change.

... Thank you to my hosts at University of San Diego School of Law, Professor Lesley McAllister, ... more ... Thank you to my hosts at University of San Diego School of Law, Professor Lesley McAllister, Professor Karen Burke, and program coordinator Leilani Sharrett. Thanks are also due to my fellow panelists, Reuven Avi-Yonah, David Duff and Walter Wang. Page 2. ...

SSRN Electronic Journal

SCI's Urbanism Next initiative focuses on how advances in technology such as the advent of autono... more SCI's Urbanism Next initiative focuses on how advances in technology such as the advent of autonomous vehicles (AV's), the rise of E-commerce, and the proliferation of the sharing economy are having profound effects not only on how we live, move, and spend our time in cities, but also increasingly on urban form and development itself.

SSRN Electronic Journal

SCI's Urbanism Next initiative focuses on how advances in technology such as the advent of autono... more SCI's Urbanism Next initiative focuses on how advances in technology such as the advent of autonomous vehicles (AV's), the rise of E-commerce, and the proliferation of the sharing economy are having profound effects not only on how we live, move, and spend our time in cities, but also increasingly on urban form and development itself.

National Tax Journal, 2012

... bfjdj1GP=%4sCCXH%DP26-A:,%Am`,@N68YWKc@;%+%e 3+dc8c*K,8#7)1K&BmMWJHhN... more ... bfjdj1GP=%4sCCXH%DP26-A:,%Am`,@N68YWKc@;%+%e 3+dc8c*K,8#7)1K&BmMWJHhNp6l3.* (ec(]+s*u8@0R;[#[I^.K<S#\L(k241`TU`V?f#p #D=nLHm$:?Je<TKVOCnF$&(Zu(d]'D#W5G2<9taV: k=45Tfk^H7gq^r_%R).RLCO18Hu0H 9f0^q2,#?a:JU:V-5-YAn="(bWg[_WG+ ...

SSRN Electronic Journal, 2000

This article explores the links between energy policy, tax policy and global warming. This articl... more This article explores the links between energy policy, tax policy and global warming. This article focuses on tax policy, because the emerging consensus among legal scholars favors economic incentives rather than command-and-control regulations for reaching environmental goals, and the Federal income tax has proved an effective delivery system for economic incentives.

This Article examines the tax treatment of Islamic mortgage alternatives and considers the cultur... more This Article examines the tax treatment of Islamic mortgage alternatives and considers the cultural and constitutional implications of the tax treatment of mortgage debt. Islamic law cannot be separated from the religion of Islam, and one of the primary tenets of Islamic law is the prohibition of riba, which is defined by some Islamic jurists as the payment of interest on any loan. Financing institutions, working with Muslim religious leaders, have developed a number of financing instruments that do not violate the prohibition against riba, thus facilitating home ownership for those Muslims who do not feel comfortable with a traditional mortgage. Should payments under such instruments qualify for the home mortgage interest deduction? What are the potential consequences of either permitting or denying a deduction for such payments? This Article discusses the constitutional implications of denying a tax deduction and administrative and regulatory options to accommodate tax deduction o...

This article is a condensation and summary of the “Lincoln-Douglas Debate on Whether to Repeal Co... more This article is a condensation and summary of the “Lincoln-Douglas Debate on Whether to Repeal Code 1031” held at the Teaching Tax Committee meeting at the 2105 ABA Section of Taxation Midyear Meeting in Houston, Texas. The article provides a brief history of section 1031. It then presents arguments for repealing section 1031, such as the inequitable distribution of section 1031 benefits, the asset-type lock-in effect of section 1031, and the administrative burden caused by section 1031. It also presents arguments for retaining section 1031, including equity justification for section 1031 under the continuity-of-investment theory, the asset-specific lock-in effect that section 1031 helps ameliorate, and the potential tax-revenue gains presented by section 1031. It concludes with a discussion of possible reform alternatives, such as a move to a rollover provision and a modification to the definition of like-kind property.

This paper will begin with an introduction of climate change issues, including a brief history of... more This paper will begin with an introduction of climate change issues, including a brief history of international mitigation efforts. The next section will give an overview of cap-and-trade systems and describe how a typical cap-and-trade system would interact with the current federal income tax system. The discussion of the interaction of cap-and-trade with the income tax will include both direct and indirect effects. This section will then compare those effects with the potential impact of a carbon tax. The direct impacts of cap-and-trade on the income tax system occur because the “trade” part of cap-and-trade creates a new financial instrument that needs to be accounted for within the tax system. A carbon tax would not create a new financial instrument. Both a carbon tax and a cap-and-trade system could cause international trade issues that could affect the income tax system. Both a carbon tax and a cap-and-trade system, by placing an additional cost on energy-intensive products, c...

Environmental Economics, 2006

Why should American consumers and businesses be concerned about coal's low cost and continued... more Why should American consumers and businesses be concerned about coal's low cost and continued dominance of the energy market? Because those same consumers and businesses will, sooner or later, be forced to pay the price for continued use of cheap coal. As market forces will not account for the full cost of coal, the government should step in to correct this market failure. However, in the United States, the federal government has done just the opposite; it has encouraged the use of coal through significant tax incentives. The coal industry receives preferential treatment that amounts to the transfer of billions of dollars. This article argues that choosing coal as the primary fuel to generate electricity constitutes a market failure. Tax policy can be used as a tool to correct market failure, but, in coal's case, tax policy exacerbates market failure by providing subsidies. This article will address the social and environmental costs of coal, including miners' health and...

The deduction for qualified residence interest (QRI) is the second largest individual tax expendi... more The deduction for qualified residence interest (QRI) is the second largest individual tax expenditure, after the exclusion for employer provided health insurance. While homeownership has long been viewed as a social good, the QRI deduction has faced criticism. Commentators have argued that it is not consistent with the structure of the income tax system; it is economically inefficient, skewing investment towards private residences; it is inequitable, discriminating against low income people (a group that may disproportionately include people of color), and certain religious minorities; and it is environmentally unsound, encouraging sprawl, excessive energy use, and inefficient transportation choices. In late 2008, the entire world reeled from a global economic crisis, which started with a housing bubble inflated by excessive debt facilitated by subprime mortgages and spread around the economy by mortgage backed securities. Assuming that homeownership provides useful societal benefit...

Political Economy: Taxation, 2020

This Article explores the relationship between taxes and inter-generational equity. At the outset... more This Article explores the relationship between taxes and inter-generational equity. At the outset, Part I of the Article provides an overview of sustainable inter-generational justice and tax policy. Part II then provides an overview of the U.S. tax system, deficits, and public debt. Part III then considers how taxes can influence the level of resources that are available to future generations, and Part IV considers how taxes can influence the mix of resources that are available to future generations.

Although the United States has not yet enacted comprehensive climate change legislation at the Fe... more Although the United States has not yet enacted comprehensive climate change legislation at the Federal level, federal tax laws affecting energy have significant climate change effects. At the regional level, several groups of States have joined together in climate change legislation. Most States and many localities have tax laws affecting energy. State and local governments often enact legislation in response to federal actions, or to fill gaps in federal legislation. When national, state, and local governments all attempt to influence energy use through tax legislation, without coordination, inefficiencies and conflicts are bound to arise. In the absence of Federal leadership on climate change, a second best alternative is coordination between Federal, State and local efforts to encourage energy-wise behavior. This essay explores alternatives for coordination and potential challenges.

Pittsburgh Tax Review, Apr 13, 2020

She would like to thank Professors Anthony Infanti and Philip Hackney for inviting her to partici... more She would like to thank Professors Anthony Infanti and Philip Hackney for inviting her to participate in this symposium issue on the critically important topic of legislation to mitigate climate change.

... Thank you to my hosts at University of San Diego School of Law, Professor Lesley McAllister, ... more ... Thank you to my hosts at University of San Diego School of Law, Professor Lesley McAllister, Professor Karen Burke, and program coordinator Leilani Sharrett. Thanks are also due to my fellow panelists, Reuven Avi-Yonah, David Duff and Walter Wang. Page 2. ...

SSRN Electronic Journal

SCI's Urbanism Next initiative focuses on how advances in technology such as the advent of autono... more SCI's Urbanism Next initiative focuses on how advances in technology such as the advent of autonomous vehicles (AV's), the rise of E-commerce, and the proliferation of the sharing economy are having profound effects not only on how we live, move, and spend our time in cities, but also increasingly on urban form and development itself.

SSRN Electronic Journal

SCI's Urbanism Next initiative focuses on how advances in technology such as the advent of autono... more SCI's Urbanism Next initiative focuses on how advances in technology such as the advent of autonomous vehicles (AV's), the rise of E-commerce, and the proliferation of the sharing economy are having profound effects not only on how we live, move, and spend our time in cities, but also increasingly on urban form and development itself.

National Tax Journal, 2012

... bfjdj1GP=%4sCCXH%DP26-A:,%Am`,@N68YWKc@;%+%e 3+dc8c*K,8#7)1K&BmMWJHhN... more ... bfjdj1GP=%4sCCXH%DP26-A:,%Am`,@N68YWKc@;%+%e 3+dc8c*K,8#7)1K&BmMWJHhNp6l3.* (ec(]+s*u8@0R;[#[I^.K<S#\L(k241`TU`V?f#p #D=nLHm$:?Je<TKVOCnF$&(Zu(d]'D#W5G2<9taV: k=45Tfk^H7gq^r_%R).RLCO18Hu0H 9f0^q2,#?a:JU:V-5-YAn="(bWg[_WG+ ...

SSRN Electronic Journal, 2000

This article explores the links between energy policy, tax policy and global warming. This articl... more This article explores the links between energy policy, tax policy and global warming. This article focuses on tax policy, because the emerging consensus among legal scholars favors economic incentives rather than command-and-control regulations for reaching environmental goals, and the Federal income tax has proved an effective delivery system for economic incentives.