Publications of Indiana Law Professor Leandra Lederman

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Leandra Lederman William W. Oliver Professor of Tax Law Director of the Tax Program
						Publications: Books Law Review Articles Other Articles Contributions Amicus Brief Presentations: Workshops & Law School Conferences Academic Conferences ABA Tax Section meetings Other Presentations
Publications and Presentations

Publications
Books:
	Tax Controversies: Practice and Procedure, with Stephen W. Mazza (LexisNexis). • Third edition of Casebook and Teacher's Manual, 2009. o 2011 Supplement. o 2010 Letter Update and 2010 Teacher's Manual Update. • Second edition of Casebook and Teacher's Manual, 2002. o Supplements, 2004, 2005, 2006; Letter Update, 2007. • First edition of Casebook and Teacher's Manual, 2000. o Supplement, 2001. Understanding Corporate Taxation (LexisNexis). • Second edition, 2006. • First edition, 2002. Tax Controversies: Statutes, Regulations and Other Materials, with Stephen W. Mazza (LexisNexis). • Third edition, 2006. • Second edition, 2002. • First edition, 2000. Federal Tax Practice and Procedure (LexisNexis, 2003) (General Editor and contributing author/editor).

Articles:

	*Law Review Articles* The Use of Voluntary Disclosure Initiatives in the Battle Against Offshore Tax Evasion, 56 Villanova L. Rev. __ (2012) (symposium). "The Fight Over 'Fighting Regs' and Judicial Deference in Tax Litigation," 92 B.U. L. Rev. __ (2012) (forthcoming). "A Tisket, A Tasket: Basketing and Corporate Tax Shelters," 88 Wash. U. L. Rev. 557 (2011). "W(h)ither Economic Substance?," 95 Iowa L. Rev. 389 (2010). Essay, "Reducing Information Gaps to Reduce the Tax Gap: When Is Information Reporting Warranted?," 78 Fordham L. Rev. 1733 (2010). "Tax Appeal: A Proposal to Make the U.S. Tax Court More Judicial," 85 Wash. U. L. Rev. 1195 (2008). "Statutory Speed Bumps: The Roles Third Parties Play in Tax Compliance," 60 Stanford L. Rev. 695 (2007). "‘Stranger Than Fiction’: Taxing Virtual Worlds," 82 N.Y.U. L. Rev. 1620 (2007). "Do Attorneys Do Their Clients Justice? An Empirical Study of Tax Court Litigation," 41 Wake Forest L. Rev. 1235 (2006) (with Warren B. Hrung). Book review, "Addressing Imperfections in the Tax System: Procedural or Substantive Reform?," 103 Michigan L. Rev. 1432 (2005) (with Stephen W. Mazza). • Reprinted in condensed form in The Monthly Digest of Tax Articles (Mar. 2006). "The Entrepreneurship Effect: An Accidental Externality in the Federal Income Tax," 65 Ohio State L.J. 1401 (2004). "Tax Compliance and the Reformed IRS," 51 Kansas L. Rev. 971 (2003) (symposium). "The Interplay Between Norms and Enforcement in Tax Compliance," 64 Ohio State L.J. 1453 (2003). "Are There Procedural Deficiencies in Tax Fraud Cases?: A Reply To Professor Schoenfeld," 35 Indiana L. Rev. 143 (2001). "Equity and the Article I Court: Is the Tax Court's Exercise of Equitable Powers Constitutional?," 5 Fla. Tax Rev. 357 (2001). • Reprinted by Tax Analysts on line at 2002 TNT 71-44, with a print summary at 95 Tax Notes 443 (2002). "Precedent Lost: Why Encourage Settlement, and Why Allow Non-Party Involvement in Settlements?," 75 Notre Dame L. Rev. 221 (1999). "Which Cases Go To Trial?: An Empirical Study of Predictors of Failure to Settle," 49 Case W. Res. L. Rev. 315 (1999). "'Civil’izing Tax Procedure: Applying General Federal Learning to Statutory Notices of Deficiency," 30 U.C. Davis L. Rev. 183 (1996). "The Excludability of Employment Discrimination Awards Under Code Section 104(a)(2) after Burke v. United States and Commissioner v. Schleier," 28 Ariz. State L.J. 31 (1996). "The New Rollover Rules and Twenty Percent Withholding Tax on Pension Distributions: Does Good Pension Policy Favor Their Repeal?," 7 St. Thomas L. Rev. 75 (1994). Note, "Viva Zapata!: Toward a Rational System of Forum-Selection Clause Enforcement in Diversity Cases," 66 N.Y.U. L. Rev. 422 (1991). *Other Articles* "More Mayo Please? Temporary Regulations after Mayo Foundation v. US," 30 ABA Tax Section NewsQuarterly 15 (2011) (with Stephen W. Mazza). "Limitation by Regulation: Heads the Service Wins, Tails the Taxpayer Loses?," 29 ABA Tax Section NewsQuarterly 7 (2010) (with Stephen W. Mazza). "EBay’s Second Life: When Should Virtual Earnings Bear Real Taxes?," 118 Yale L.J. Pocket Part 136 (2009) (symposium on virtual worlds). "Is a Server Crash Reasonable Cause for Late Filing?," 26 ABA Tax Section NewsQuarterly 12 (2007) (with Stephen W. Mazza). "The Federal Income Tax Consequences of the Bobble Supreme Phenomenon,'” 9 Green Bag J. 2d 423 (2006). “When Does the Taxpayer Have a Right to an IRS Appeal?,” 25 ABA Tax Section NewsQuarterly 14 (2006) (with Stephen W. Mazza). "The New Payment vs. Deposit Landscape," 24 ABA Tax Section NewsQuarterly 7 (2005). "Must the Reports of Tax Court Special Trial Judges Be Disclosed?," 2004-2005 S. Ct. Prev. 131 (2004). "Delinquent Returns and Credit-Elect Overpayments: A Procedural Tangle," 104 Tax Notes 831 (2004). "Does the Burden of Proof Matter?," 23 ABA Tax Section NewsQuarterly 10 (2004). "Transparency and Obfuscation in Tax Court Procedure," 102 Tax Notes 1539 (2004). "What Has the Fifth Circuit Dunn?," 22 ABA Tax Section NewsQuarterly 9 (2002). "Arbitrary Stat Notices or Arbitrary Ninth Circuit?," 92 Tax Notes 231 (2001). "Deficient Statutory Notices and the Burdens of Proof: A Reply to Mr. Newton," 92 Tax Notes 117 (2001). "Late Returns Claiming Refunds: Negotiating the 'Fantastic Labyrinth'," 89 Tax Notes 1053 (2000). "Taxpayer Rights in the Lurch: A Response to Professor Johnson," 88 Tax Notes 1041 (2000). "Of Taxpayer Rights, Wrongs, and a Proposed Remedy," 87 Tax Notes 1133 (2000). "Unforeseen Consequences of the Burden of Proof Shift," 80 Tax Notes 379 (1998). "It’s Time to Fix the ‘Traps for the Unwary’ in the Refund Statutes," 79 Tax Notes 1057 (1998). "Tax Court S Cases: Does the 'S' Stand for Secret?," 79 Tax Notes 257 (1998); 18 Tax Prac. 74 (1998). "Applying the Refund Statutes to Delinquent Returns," 68 Tax Notes 1639 (1995). "The Dilemma of Deficient Deficiency Notices," 73 Taxes 83 (1995). • Reprinted by Tax Analysts on line at 95 TNT 46-42 and on microfiche, with a print summary at 67 Tax Notes 1078 (1995). "Redemptions Incident to Divorce," 72 Taxes 651 (1994). • Reprinted in condensed form in The Monthly Digest of Tax Articles (May 1995). • Reprinted as "Redemptions Incident to Divorce: Reconciling Section 1041 and General Tax Principles," 26 U. Toledo L. Rev. 575 (1994).
Contributions:

	Entry in Careers in Tax Law (John Gamino, Robb Longman & Matt Sontag, Eds.) (ABA Tax Section, 2009) Materials on tax teaching in Teaching the Law School Curriculum (Steve Friedland and Gerry Hess, Eds.) (Carolina Academic Press, 2004) Five limericks on tax cases in Barbara Hauser, "Tax Case Limericks: A Casual Collection," 93 Tax Notes 865 (2001).
Amicus Brief:

	Brief as Amica Curiae in Ballard v. Commissioner, 544 U.S. 40 (2005) (brief filed Aug. 2, 2004).
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Presentations
	*Workshops, Colloquia, and Law School Conferences* University of Florida Frederic G. Levin College of Law Tax Policy Colloquium, "Measured Tax Enforcement," Gainesville, FL, Feb. 2, 2012 (paper co-authored with Ted Sichelman) University of Miami School of Law Faculty Workshop, "Measured Tax Enforcement," Miami, FL, Jan. 27, 2012 (paper co-authored with Ted Sichelman) University of San Diego School of Law Faculty Workshop, "Measured Tax Enforcement" (co-presented with Ted Sichelman), San Diego, CA, Dec. 2, 2011 University of San Diego School of Tax Law Speaker Series, "The Fight Over ‘Fighting Regs’ and Judicial Deference in Tax Litigation," San Diego, CA, Dec. 1, 2011 University of Oklahoma College of Law, Faculty Colloquium, "The Fight Over ‘Fighting Regs’ and Judicial Deference in Tax Litigation," Oklahoma City, OK, Nov. 21, 2011 (also presented the paper in an Administrative Law class) Villanova University School of Law, Symposium on International Tax Compliance: "Repeated Offshore Voluntary Disclosure Initiatives: Useful or Not?," Villanova, PA, Sept. 23, 2011 Midwest Law and Economics Association meeting, Indiana University Maurer School of Law, "Which Cases Settle? A Large-Scale Empirical Study of U.S. Tax Court Cases," Bloomington, IN, Sept. 16, 2011 (paper co-authored with Daniel M. Katz & Michael J. Bommarito II) Big Ten Junior Scholars Conference, Indiana University Maurer School of Law, Panelist, "Making the Best Use of Research Assistants," Bloomington, IN, August 2, 2011 Empirical Tax Conference, Colorado Law School, "Which Regular and Small Tax Court Cases Go to Trial?" (co-presented with Dan Katz), Boulder, CO, July 29, 2011 Empirical Tax Conference, Colorado Law School, Discussant for Joshua Blank and Nancy Staudt’s paper, "Corporate Tax Abuse in Court," Boulder, CO, July 29, 2011 New York University School of Law, Tax Policy Colloquium, "Hold the Mayo: What Respect Should Courts Accord Rulings and Regulations Issued During Litigation?," New York, NY, Apr. 21, 2011 Washburn University School of Law, Tax Law Colloquium, "Hold the Mayo: What Respect Should Courts Accord Rulings and Regulations Issued During Litigation?," Topeka, KS, April 15, 2011 Tulane University Law School, Tulane Tax Roundtable, "Hold the Mayo: What Respect Should Courts Accord Rulings and Regulations Issued During Litigation?," New Orleans, LA, Mar. 18, 2011. Also served as a discussant on Heather Field’s paper, "Experiential Learning in a Lecture Class: Exposing Students to the Skill of Giving Useful Tax Advice." University of Florida Levin College of Law, Faculty Colloquium, "Hold the Mayo: What Respect Should Courts Accord Tax Regulations and Rulings Issued During Litigation?," Gainesville, FL, Jan. 24, 2011 Loyola Law School–Los Angeles, Tax Policy Colloquium, "IRS Opportunism: What Respect Should Courts Accord Rulings and Regulations Issued During Litigation?," Los Angeles, CA, Oct. 11, 2010 Midwest Law and Economics Association meeting, Colorado Law School, "IRS Opportunism: What Respect Should Courts Accord Rulings and Regulations Issued During Litigation?," Boulder, CO, Oct. 9, 2010 Tax Law Colloquium, Washburn University School of Law, "A Tisket, A Tasket: Basketing and Corporate Tax Shelters," Topeka, KS, April 23, 2010 University of Toronto Faculty of Law, James Hausman Tax Law & Policy Workshop, "A Tisket, A Tasket: Basketing and Corporate Tax Shelters," Toronto, Canada, Mar. 2, 2010 SMU Dedman School of Law Tax Policy Colloquium, "A Tisket, A Tasket: Basketing and Corporate Tax Shelters," Dallas, TX, Jan. 21, 2010 Brooklyn Law School, "A Tisket, A Tasket: Basketing and Corporate Tax Shelters," Brooklyn, NY, November 5, 2009 Central States Law Schools Association meeting, Capital University Law School, "A Tisket, A Tasket: Basketing and Corporate Tax Shelters," Columbus, OH, October 23, 2009 Midwest Law and Economics Association meeting, University of Notre Dame Law School, "A Tisket, A Tasket: Tax Basketing," South Bend, IN, October 10, 2009 University of San Diego School of Law, "W(h)ither Economic Substance?," San Diego, CA, September 11, 2009 Critical Tax Conference, Indiana University Maurer School of Law, Co-host; panel moderator; and incubator session presenter, Bloomington, IN, April 3-4, 2009 UCLA School of Law Tax Policy and Public Finance Colloquium, "W(h)ither Economic Substance?," Los Angeles, CA, March 19, 2009 Boston College Law School Tax Policy Workshop, "W(h)ither Economic Substance?," Boston, MA, February 26, 2009 Northwestern University Law School Advanced Topics in Taxation Colloquium, "W(h)ither Economic Substance?," Chicago, IL, January 15, 2009 "Closing the Tax Gap" Conference, Stanford Law School, "Reducing Information Gaps to Reduce the Federal Tax Gap," Stanford, CA, November 8, 2008 Midwest Law and Economics Association meeting, Northwestern University School of Law, "W(h)ither Business Purpose and Economic Substance?," Chicago, IL, October 4, 2008 Big Ten UnTENured Conference, Indiana University School of Law–Bloomington, Panelist, "Identifying the Best Outlets for Your Legal Scholarship," Bloomington, IN, August 4, 2008 Critical Tax Conference, Florida State University School of Law, Discussant, "Capitalism and the Tax System: A Search for Social Justice," Tallahassee, FL, April 5, 2008 University of Michigan Law School, Tax Policy Workshop, "Tax Appeal: A Proposal to Make the U.S. Tax Court More Judicial," Ann Arbor, MI, February 20, 2008 Capital University Law School, "Tax Appeal: A Proposal to Make the U.S. Tax Court More Judicial," Columbus, OH, February 8, 2008 St. Louis University School of Law, "‘Stranger Than Fiction’: Taxing Virtual Worlds," St. Louis, MO, Oct. 11, 2007 Critical Tax Theory Conference, UCLA School of Law, "'Stranger Than Fiction': Taxing Virtual Worlds," Los Angeles, CA, April 14, 2007 University of Illinois College of Law, "Making the U.S. Tax Court More Judicial," Champaign, IL, November 10, 2006 University of Minnesota Law School, "Making the U.S. Tax Court More Judicial," Minneapolis, MN, October 26, 2006 Midwest Law and Economics Association meeting, University of Kansas School of Law, "Harnessing the 'Invisible Hand' to Foster Income Tax Compliance," Lawrence, KS, October 21, 2006 Seton Hall University School of Law, "Making the U.S. Tax Court More Judicial," Newark, NJ, September 18, 2006 Big Ten UnTENured Conference, Indiana University School of Law–Bloomington, Panelist, "Promoting Your Scholarship: Old and New Technology for the Publication and Publicity of Your Hard Work," Bloomington, IN, August 1, 2006 Critical Tax Theory Conference, Mercer Law School, Moderator, "Tax Administration and Enforcement," Macon, GA, April 7, 2006 University of Cincinnati College of Law, "Do Attorneys Affect Tax Court Case Resolutions?" Cincinnati, OH, February 7, 2005 Indiana University, Workshop in Political Theory and Policy Analysis, "Do Attorneys Affect Tax Court Case Resolutions?" Bloomington, IN, November 15, 2004 University of Wisconsin Law School, "Do Attorneys Affect Tax Court Case Resolutions?" Madison, WI, October 19, 2004 Washington University School of Law, Law and Politics Seminar, "Do Attorneys Affect Tax Court Case Resolutions?" St. Louis, MO, October 11, 2004 Midwest Law and Economics Association meeting, University of Iowa College of Law, "Do Attorneys Affect Tax Court Case Resolutions?" Iowa City, IA, October 9, 2004 Critical Tax Theory Conference, Rutgers School of Law-Newark, "Do Attorneys Affect Tax Court Case Resolutions?" Newark, NJ, April 4, 2004 Indiana University School of Law-Bloomington, "The Interplay Between Norms and Enforcement in Tax Compliance," Bloomington, IN, January 16, 2004 George Mason University School of Law, Robert A. Levy Fellows Workshop, "The Federal Income Tax Incentive for Entrepreneurship by High-Income Individuals," Arlington, VA, January 8, 2004 University of Chicago School of Law, Legal Scholarship Workshop, "The Interplay Between Norms and Enforcement in Tax Compliance," Chicago, IL, November 3, 2003 DC-Area Tax Policy Workshop, George Mason University School of Law, "The Interplay Between Norms and Enforcement in Tax Compliance," Arlington, VA, October 31, 2003 Symposium on "Tax Compliance: Should Congress Reform the 1998 IRS Reform Act?," University of Kansas School of Law, "The Interplay of Norms and Enforcement in Tax Compliance," Lawrence, KS, March 6, 2003 University of Texas School of Law, "Tax Compliance and the Reformed IRS," Austin, TX, January 31, 2003 George Mason University School of Law, Robert A. Levy Fellows Workshop, "Why Does Tax Law Disfavor Investment?" Arlington, VA, April 11, 2002 Critical Tax Theory Conference, University of Wisconsin Law School, Panelist, "Empirical Work in Taxation," Madison, WI, April 14, 2000 Boston University School of Law, "Litigation, Settlement, and Precedent-Manipulation," Boston, MA, November 12, 1998 University of Maryland School of Law, "An Empirical Study of Predictors of Failure to Settle in Tax Court," Baltimore, MD, April 15, 1998 George Mason University School of Law, "An Empirical Study of Predictors of Failure to Settle in Tax Court," Arlington, VA, October 21, 1997 Mercer University, Walter F. George School of Law, "An Empirical Study of Predictors of Failure to Settle in Tax Court," Macon, GA, October 10, 1997 *Academic Conferences* National Tax Association 104th Annual Conference on Taxation, Moderator, "Economic Analysis and Legal Doctrines of Taxation," New Orleans, LA, Nov. 17, 2011 Southeastern Association of American Law Schools meeting, Moderator, "Supreme Court and Legislative Update: Business and Regulatory Issues," Hilton Head, SC, July 25, 2011 Law and Society Association Annual Meeting, Panelist, "Policing the Enforcers," San Francisco, CA, June 3, 2011 National Tax Association 103rd Annual Conference on Taxation, Panel Organizer and Moderator, "Tax Compliance and Evasion," Chicago, IL, Nov. 19, 2010 Southeastern Association of Law Schools meeting, Moderator, "The Internal Revenue Code of 2020: What Should It Include?," Palm Beach, FL, Aug. 1, 2010 IRS Research Conference, Discussant, "Influencing Individual Taxpayer Behavior" panel (3 papers), Washington, DC, June 29, 2010 Law and Society Association Annual Meeting, Panelist, "Legitimacy in Corporate Tax and Compensation Strategies," Chicago, IL, May 29, 2010 American Law and Economics Association annual meeting, Panel Chair, "Tax and Regulation," Princeton, NJ, May 7, 2010 Tax Policy Research Symposium, Deloitte Centre for Tax Education and Research, University of Waterloo, Panelist, "Aggressive Tax Avoidance," Toronto, Canada, August 20, 2009 Southeastern Association of Law Schools meeting, Moderator, New Scholars Workshop, “Tax, Accounting, and Wills,” Palm Beach, FL, August 7, 2009 National Tax Association, 101st Annual Conference on Taxation, "When Do Legal Formalities Triumph Over Economic Substance?," Philadelphia, PA, November 21, 2008 Southeastern Association of Law Schools meeting, Moderator, “Law and Sexuality," Palm Beach, FL, July 27, 2008 Southeastern Association of Law Schools meeting, “Virtual Worlds: Public and Private Law in Cyberspace," Amelia Island, FL, August 3, 2007 National Tax Association, 99th Annual Conference on Taxation, "Harnessing the 'Invisible Hand' to Foster Income Tax Compliance," Boston, MA, November 16, 2006 Canadian Law and Economics Association annual meeting, "Making the U.S. Tax Court More Judicial," Toronto, Canada, September 29, 2006 Southeastern Association of Law Schools meeting, “The Hows and Whys of Empirical Legal Scholarship,” Hilton Head, SC, July 20, 2005 Law and Society Association meeting, "Do Attorneys Affect Tax Court Case Resolutions?" Las Vegas, NV, June 2, 2005 Canadian Law and Economics Association annual meeting, Chair, Taxation Panel, Toronto, Canada, September 18, 2004 Canadian Law and Economics Association annual meeting, "Do Attorneys Affect Tax Court Case Resolutions?" Toronto, Canada, September 17, 2004 American Law and Economics Association annual meeting, "The Federal Income Tax and Entrepreneurship," Toronto, Canada, September 20, 2003 Association of American Law Schools annual meeting, "Empirical Tax Research," New Orleans, LA, January 5, 2002 Southeastern Association of Law Schools meeting, "Can the Tax Court Expand its Jurisdiction by Assuming Equitable Power?," Captiva Island, FL, August 1, 2000 American Law and Economics Association annual meeting, "An Empirical Study of Predictors of Failure to Settle in Tax Court," New Haven, CT, May 8, 1999 Association of American Law Schools annual meeting, "An Empirical Study of Predictors of Failure to Settle in Tax Court," New Orleans, LA, January 7, 1999 *American Bar Association Tax Section Panels* American Bar Association Tax Section meeting, Court Procedure Committee, Panelist, "Should Tax Court Special Trial Judge Reports Be Disclosed?," Boston, MA, October 1, 2004 American Bar Association Tax Section meeting, Court Procedure Committee, Moderator, "Filling the Regulatory Gap-- What's a Court to Do When Legislative Regulation Authority Has Not Been Exercised?," Kissimmee, FL, January 30, 2004 American Bar Association Tax Section meeting, Court Procedure Committee, Panelist, "Spotlight on Procedure," Washington, DC, May 9, 2003 American Bar Association Tax Section meeting, Low-Income Taxpayers Committee, Moderator, "Tax Court Jurisdiction and the Low-Income Taxpayer," Washington, DC, May 11, 2002 American Bar Association Tax Section meeting, Court Procedure Committee, Moderator "Shifting the Burden of Persuasion," New Orleans, LA, January 18, 2002 American Bar Association Tax Section meeting, Teaching Taxation Committee, Panelist, "Can the Tax Court Do Equity?" Chicago, IL, August 3, 2001 American Bar Association Tax Section meeting, Low-Income Taxpayers Committee, Moderator and Panelist, "Availability and Publication of 'S' Case Decisions of the United States Tax Court," Phoenix, AZ, January 13, 2001 American Bar Association Tax Section meeting, Court Procedure Committee, Panelist, "Empty Bottle Notices of Deficiency," Los Angeles, CA, October 13, 2000 American Bar Association Tax Section meeting, Teaching Taxation Committee, Moderator and Panelist, "Why Require Disclosure?" Washington, DC, May 12, 2000 American Bar Association Tax Section meeting, Court Procedure Committee, Panelist, "Which Tax Court Cases Settle?," San Diego, CA, January 21, 2000 *Other Presentations* University of Florida Frederic G. Levin College of Law International Tax Planning class, "Repeated Offshore Voluntary Disclosure Initiatives: Useful or Not?", Gainesville, FL, Jan. 30, 2012 United States Tax Court, Attorney-Adviser TaxProf Club, "Legal Academia," Washington, DC, March 12, 2010 Indiana University School of Law–Bloomington, Faculty Retreat, Panelist, “Casebooks and Treatises,” Bloomington, IN, January 8, 2008 Indiana University School of Law–Bloomington, Faculty Retreat, Panelist, “Article Placement,” Bloomington, IN, January 10, 2006 Indiana University School of Law–Bloomington, Faculty Brown Bag, “Supreme Court Cases,” Bloomington, IN, December 15, 2004 Austin Tax Study Group, "Tax Compliance and the Reformed IRS," Austin, TX, April 15, 2003 Federalist Society Tax Policy Conference, Panelist, "Taxpayer Rights," Washington, DC, June 15, 2001 American University, Washington College of Law/American Bar Association Tax Clinic meeting, Panelist, "Academic Tax Clinics," Washington, DC, May 10, 2001 Tax Analysts' Press Conference, Panelist, "The Dangers of Secret IRS Law," National Press Club, Washington, DC, September 8, 2000 Third Annual State and Local Tax Institute, University of Richmond School of Law, Moderator, "Selected State Issues: Unclaimed Property and Tax Compliance," Richmond, VA, May 16, 2000

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