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Tax Law

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Notre Dame Law School

Notre Dame Law Review

2021

Articles 1 - 2 of 2

Full-Text Articles in Law

Valuation As A Challenge For Tax Administration, Leandra Lederman Apr 2021

Valuation As A Challenge For Tax Administration, Leandra Lederman

Notre Dame Law Review

Valuation issues have long posed challenges for the U.S. federal tax system. This is not just because of questions about what technique will most accurately value particular types of property. A key problem for tax administration is that taxpayers have a financial incentive to claim erroneous, self-serving valuations. This Essay analyzes tax valuation through this tax compliance lens. In so doing, it highlights the importance that third parties to the taxpayer-government relationship act at arm’s length from the taxpayer. It also explains why penalties are insufficient to deter erroneous self-reported valuations. The Essay also draws on the tax compliance perspective …


Dynamic Property Taxes And Racial Gentrification, Andrew T. Hayashi Apr 2021

Dynamic Property Taxes And Racial Gentrification, Andrew T. Hayashi

Notre Dame Law Review

Many jurisdictions determine real property taxes based on a combination of current market values and the recent history of market values, introducing a dynamic aspect to property taxes. By design, homes in rapidly appreciating neighborhoods enjoy lower tax rates than homes in other areas. Since growth in home prices is correlated with—and may be caused by—changing neighborhood demographics, dynamic property taxes will generally have racially disparate impacts. These impacts may explain why minority-owned homes tend to be taxed at higher rates. Moreover, the dynamic features of local property taxes may subsidize gentrification and racially discriminatory preferences.