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State Tax Notes © 2009 Tax Analysts, ISSN 1057-8404 Editor: Carol Douglas; Managing Editor: Russell A. Cox III; Legal Editor: Jennifer Carr; Contributing Editor: David Brunori; News Editor: Doug Sheppard; Deputy News Editors: Mark C. Abbott, Gulnar Zaman; Associate Editor: Erin Dennington; Editorial Staff: Donnabel C. Blazejewski, John Buhl, Shonda Humphrey, Ashley Newell, Karen Setze, Julie Wedan, Nicola M. White Dean Ahearn 1957 - 2006 President and Publisher: Christopher Bergin Founder: Thomas F. Field Editor-in-Chief — State Tax Publications: Risa Williams Tax Analysts Editorial and Production Staff Joe Aquino, Gary Aquino, Carolyn Caruso, Mel Clark, Sharonna Dattilo, Paul Doster, Matthew Ealer, Nikki Ebert, Christopher Fannon, Shirley Grossman, Eben Halberstam, Cynthia Harasty, Sonya Harmon, Michelle Heiney, Mick Heller, Dawn Ireton, Thomas Kasprzak, Amy Kendall, Frank King, Matt Kremnitzer, Kimberly Lehman, James Moon, Elizabeth Patterson, Juan Ramos, Betsy Sherman, Natasha Somma, Durinda Suttle, Veronica Warner, Stephanie Wynn ✰ Main Switchboard (703) 533-4400 (800) 955-3444 Subscriptions, Address Changes Change of address notices, subscriptions, and requests for back issues should be sent to the Customer Service Department, Tax Analysts, 400 S. Maple Ave., Suite 400, Falls Church, VA 22046. Correspondence Correspondence regarding editorial matters should be sent to the Editor, State Tax Notes, 400 S. Maple Ave., Suite 400, Falls Church, VA 22046; or e-mailed to statenotes@tax.org. Frequency State Tax Notes is published 51 weeks of the year. Customer Service (703) 533-4600 (800) 955-2444 Fax: (703) 533-4484 TTY: (703) 533-4625 www.taxanalysts.com Refund Policy All Tax Analysts products and services are subject to a full money-back guarantee within the first 30 days after each initial purchase. Binders Four permanent binders for convenient storage of the issues received during the year cost $79. Delivery State Tax Notes is delivered by first class mail, hand delivery, or international airmail, without additional charge. Copyright © Tax Analysts 2009. All rights reserved. Users are permitted to reproduce small portions of this work for purposes of criticism, comment, news reporting, teaching, scholarship, and research only. Any permitted use of these materials shall contain this copyright notice. We provide our publications for informational purposes, and not as legal advice. Although we believe that our information is accurate, each user must exercise professional judgment, or involve a professional to provide such judgment, when using these materials and assumes the responsibility and risk of use. As an objective, nonpartisan publisher of tax information, analysis, and commentary, we use both our own and outside authors, and the views of such writers do not necessarily reflect our opinion on various topics. ✰ (C) Tax Analysts 2009. All rights reserved. Tax Analysts does not claim copyright in any public domain or third party content. State Tax Notes Advisory Board Chair: Walter Hellerstein University of Georgia Robert J. Cline Ernst & Young LLP; John L. Coalson Jr. Alston & Bird LLP; Eric J. Coffill Morrison & Foerster LLP; Eugene Corrigan; Harley Duncan KPMG; Robert Ebel District of Columbia Office of Tax Economic Policy; Janne Gallagher Council on Foundations; William McArthur Tyco International; Therese J. McGuire Northwestern University; James H. Peters; Richard Pomp University of Connecticut; Arthur R. Rosen McDermott Will & Emery LLP; Ferdinand Schoettle University of Minnesota; John Shannon; Ronald K. Snell National Conference of State Legislatures; Robert P. Strauss Carnegie-Mellon University; Giles Sutton Grant Thornton LLP; Philip Tatarowicz Ernst & Young LLP; Sally Wallace Georgia State University ✰ 72 State Tax Notes, January 12, 2009
A Hellerstein Retrospective by Carol Douglas IOU $41 billion. Sincerely, California Walter Hellerstein, this is your life. In this issue, we’re publishing the articles about Hellerstein’s work that were presented when he received the National Tax Association’s Daniel M. Holland Medal for his contribution to the field of taxation. John A. Swain of the University of Arizona provides an overall picture of Hellerstein’s achievements (p. 91). William F. Fox of the University of Tennessee, Knoxville, looks at Hellerstein’s innovative perspectives on the sales tax (p. 97). And Charles E. McLure Jr. of the Hoover Institution at Stanford University discusses Hellerstein’s writings on corporate taxes (p. 103). Hellerstein’s reflections are on p. 113. Miles to Go Before You Tax Oregon Gov. Ted Kulongoski (D) proposes to increase the gasoline excise tax, but he wants to phase it out and replace it with a tax based on mileage (p. 76). The state’s pilot program had a privacy policy to ensure that it stored no data regarding where the driver took the vehicle. But even if privacy is protected, citizens might not like the idea of focusing on miles driven. ‘‘No, Tammy, you can’t take both swimming lessons and piano lessons, because that would increase my mileage taxes.’’ ‘‘But Mom, you use more mileage to take Wendell to Little League games.’’ Not a happy scenario. And would Oregon tax miles driven in other states? What about out-of-state drivers? Would they still pay Oregon gas taxes? California Gov. Arnold Schwarzenegger (R) has vetoed the tax package recently passed by the Legislature’s Democratic majority (p. 75). Schwarzenegger proposed a tax package of his own, composed mostly of his earlier tax proposals. But he was unable to persuade Republican lawmakers to support his tax increases last year, and seems no more likely to get their backing this year. Democrats said that the governor’s opposition to their plan is ‘‘ideological.’’ California politicians need less ideology and more practical politics to eliminate a budget shortfall of $41 billion for the current and next fiscal years. The state is likely to start issuing IOUs on February 1. Perhaps the IOUs should be signed by the lawmakers who refuse to pass a realistic budget. Columnist Billy Hamilton is a former tax administrator who generally supports the Multistate Tax Commission’s proposals. So presumably he backs the MTC’s proposed telecommunications tax regulation? Sorry, wrong number (p. 125). If you’re a tax practitioner whose calculations end up costing your client money, what do you do in case of a malpractice suit? Statutes of limitations may help the defense, says Steve R. Johnson of the University of Nevada, Las Vegas (p. 119). Miami Nice Florida lawmakers, who last year cut incentives to filmmakers from $25 million to $5 million, may not hang tough. They will consider a bill to give production companies new credits that they could sell to any Florida-based company (p. 80). (C) Tax Analysts 2009. All rights reserved. Tax Analysts does not claim copyright in any public domain or third party content. State Tax Notes, January 12, 2009 73
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