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The Ethics of Tax Lawyering

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Michael Hatfield, Texas Tech University

Pub Date: 2013

Publisher: CALI's eLangdell® Press

Language: English

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Table of Contents

Chapter 1: Introducing Legal Ethics for Tax Lawyers

  • 1.1 Ethics for Lawyers
  • 1.2 The Duty to the Tax System
  • 1.3 Sharing the Profession with Non-Lawyers

Chapter 2: Regulating Tax Lawyering

  • 2.1 Regulating Tax Lawyering through the IRC
  • 2.2 Regulating Tax Lawyering through Circular 230
  • 2.3 Regulating Tax Lawyering through Malpractice Standards

Chapter 3: Ethical Problems for Tax Lawyers

  • 3.1 Tax Opinion and Tax Shelters
  • 3.2 Mistakes
  • 3.3 Working with IRS Lawyers and Other Employees

About the Book

This chapter's objective is to raise interesting tax ethics issues in practical contexts. There are 43 notes and questions to prompt and guide discussions, and primary source materials to inform the discussions (e.g., cases, IRC provisions, and Circular 230 excerpts). These Teaching Notes flesh out the notes and questions, summarize the cases, and provide additional information and suggestions for readings. Of course, the ultimate test for casebook materials lies in student interaction based on the materials, so I assigned the materials to my students, and, taking their reaction into account, I have made suggestions below as to materials to eliminate or emphasize in customizing for your own class.

Faculty materials also available: In addition to the free, open learning materials for students listed above, this eLangdell chapter includes a teacher's manual. Faculty and staff at CALI member schools can access this and other faculty-only materials by logging in to eLangdell with their cali.org username and password. Contact CALI if you have questions.

About the Contributors

Author

Michael Hatfield, Professor of Law, Texas Tech University. Admitted to practice in New York, Texas, and before the U.S. Tax Court.

Before joining the faculty in 2005, Michael was a shareholder in Schoenbaum, Curphy & Scanlan, P.C., in San Antonio, Texas where his practice was devoted to taxation and estate planning. Before moving to San Antonio, he was an associate in two New York City law firms: Debevoise & Plimpton and Simpson, Thacher & Bartlett. At Debevoise & Plimpton he was an associate in the tax department primarily concerned with the taxation of international private equity funds, and at Simpson, Thacher & Bartlett he was an associate in the estate planning department.

Michael was honored to share the 2006 Outstanding Professor of the Year Award with Professor Gerry Beyer, and to receive the 2007 University Alumni Association New Faculty Award, the 2008 Outstanding Professor of the Year Award (2L and 3L), the 2009 Outstanding Professor of the Year Award (2L and 3L), the 2010 Teacher of the Year, the 2010 President's Excellence in Teaching Award, the 2011 Outstanding Professor of the Year Award (2L and 3L), and the 2012 Outstanding Professor of the Year Award (2L and 3L).

Michael served as the interim Associate Dean for Research and Faculty Development in 2010-2011, and is currently serving as a Visiting Professor of Law at the University of Washington School of Law.