TAX LAW
ESSAY WINNERS
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ach year, the FBA Section on Taxation sponsors the Donald C. Alexander Tax Law Writing Competition, named in honor of former IRS Commissioner Don Alexander, who passed away in 2009. Alexander was an advocate for writing and rhetorical skills in tax law. To carry forward his advocacy, the section invites J.D. and LL.M. students to submit original papers concerning federal taxation. The first and second place winners each earn a cash prize, a commemorative plaque, a complimentary one-year section membership, and a complimentary registration to the annual FBA Tax Law Conference. This year’s awards were presented in person on March 3 during the 2022 Tax Law Conference. Michael Shaw, a third-year student at the Sandra Day O'Connor College of Law at Arizona State University, was the recipient of the first-place award for his paper titled “Local Governments in a TIF(f): Theories on Municipal Renegotiation of Tax-Increment Financing Agreements in a Post-Retail Pandemic.” Shaw serves as the president of ASU's International Law Society and is an articles editor for the Corporate and Business Law Journal and a limited practice student with the Innovation Advancement Clinic. He works as a law clerk at Sorrell Law Group, a boutique tax and estate firm in Scottsdale, Ariz. Shaw's interest in tax law began when he worked as a researcher for an education policy think tank. Sam Hampton Sturgis, a third-year student at the Mississippi College School of Law, was the recipient of the second-place award for his paper titled “The Wealth Tax—Egalitarian Dream, or Utilitarian Nightmare.” Throughout law school, Sturgis has served as chief executive editor for the Mississippi College Law Review, finance chair for the Moot Court Board, student body vice president, and extern for Chief Judge Daniel P. Jordan III of the Southern District of Mississippi. His paper analyzes the viability of a “wealth tax,” both as an economic solution and a moral course of action. By applying utilitarian moral theory, the paper examines whether such a tax can commend itself to the plights—actual and perceived—of an ailing society. Sturgis is currently externing with Mississippi Treasurer David McRae and looks forward to pursuing his LL.M. in taxation in the fall.
Local Governments in a TIF(f): Theories on Municipal Renegotiation of Tax-Increment Financing Agreements in a Post-Retail Pandemic By Michael Shaw
Just like many facets of American life affected by COVID-19 pandemic closures and social distancing guidance, public-private real estate development projects in many U.S. cities experienced severe setbacks in 2020 and 2021. For both newly and not-yet-built developments, construction delays, supply chain backups, and financing issues plagued projects. Existing developments saw decreased foot traffic, the breaking of commercial leases, and government-mandated capacity limitations—all of which caused development revenues and the associated tax revenues they produce to fall. From empty office spaces spurred by remote working to shuttered small businesses unable to stay afloat following reduced demand, thousands of commercial real estate parcels experienced under-utilization and an uncertain future. When a government or a quasi-government agency is a party to a real estate development, unique issues in addition to these broken 52 • THE FEDERAL LAWYER • May/June 2022
leases and decreased revenues can arise. Cities or their development arms take leading roles in redevelopment projects by providing site remediation services, installing or improving utilities, increasing police presence, and financing projects with municipal bonds. When the revenues associated with these projects fail to live up to expectations, cities that agreed to and have often already provided project-specific services and financing can experience budget constraints in the face of these obligations. Depending on the language of the public-private development agreement, local governments may have recourse against both project developers and financiers. To read more, visit https://www.fedbar.org/section-on-taxation/ tax/donald-c-alexander-tax-law-writing-competition/.
