Tuesday, October 14, 2025

Paper influenced by Alan Auerbach

The following is the text of some brief remarks that I offered at a conference in Berkeley last Friday honoring Alan Auerbach upon his retirement. Guidelines for these remarks suggested that one discuss recent work of one's own that reflected Alan's influence and intellectual presence in any of his multiple fields.


My most recent, though hardly my only, Alan-influenced, piece is called Time Is, Time Was: Evaluating the Use of the Life Cycle Model as a Fiscal Policy Tool, which recently appeared in an Elgar Research Volume on Law & Time. It responds to Alan’s important recent work with Larry Kotlikoff & Darryl Koehler, using intra-generational accounting to measure US economic inequality & fiscal progressivity.

Alan’s work with Larry and Koehler (which I’ll call AKK to save time) does this by using lifetime spending power, in lieu of such snapshot measures as income or wealth. It finds less economic inequality, and more progressivity, than you’d find using the snapshot metrics. I would guess that not all members of the Berkeley Economics faculty, even limiting it to those in this room, agree 100% with the paper’s analysis. But the analysis would simply be right, leaving nothing further to discuss, if one fully granted the premises that, over the full lifecycle, people exercise consistent rational choice, in the presence of complete markets, leaving aside liquidity constraints.

In a standard analysis of consumer choice between, say, movies and pizza, people seek to equalize the marginal utility of the last unit they consume of each commodity. AKK applies the same approach to consumption in different periods, on the view – surely correct – that these are in effect separate “commodities,” each subject to its own declining marginal utility as one consumes more of them. But my piece argues that equalizing marginal utility across periods is considerably more challenging than doing so for movies and pizza, and also is subject to various heuristics & decisional metrics that would be irrational in the absence of real world decision costs. Plus, changes in information that aren’t fully insurable may have an impact.

I conclude that the underlying model, under which it basically doesn’t matter when one earns a dollar, in determining when one spends it, is not sufficiently descriptively accurate to be treated as more than an important orienting benchmark. Like such other “it doesn’t matter” theories as the Coase Theorem, the Efficient Markets Hypothesis, and the Modigliani-Miller Theorem, its value lies more in its showing us where to look for falsifying conditions, than in its full empirical validity.

Does this mean that we should keep on using traditional snapshot metrics such as income and consumption after all? Not at all. They still have all the flaws that AKK rightly attribute to them.

I conclude that there is no simple answer to the question of how lifetime, as opposed to shorter periods (themselves requiring further definition) should be used in measuring economic inequality, fiscal progressivity, or the question of why (and how much) inequality matters. Indeed, perhaps more important than any particular conclusion is the need for continuing methodological humility and agnosticism in how we think about these issues.

 

Wednesday, August 20, 2025

Forthcoming publications

I have three new articles coming out shortly. The first, in Tax Notes International next Monday (but already available behind a paywall online) is “Digital Services Taxes vs. Pillar 1: Did the U.S. Catch a Break and Not Even Notice?”

The second, forthcoming in the Virginia Tax Review, is “Right Taxpayers, Wrong Taxpayers, Deduction-Selling, and Proxy Taxation.”

The third, forthcoming in a symposium issue of the Loyola of Los Angeles Law Review, is “Couples Neutrality, Marriage Neutrality, and Two-Earner Deductions.”

I haven't put any of them on SSRN as yet, but will do so shortly.

Wednesday, July 16, 2025

New articles, current and near-future

I had a sabbatical this past spring, and thus haven't been in a classroom since the end of fall 2024. One way I've used the time is in writing.

Leaving aside my memoir (available at https://www.amazon.com/Now-Then-Memoir/dp/B0FD424K9C/ref=sr_1_1?crid=2Z45SW78HPMOI&dib=eyJ2IjoiMSJ9.qDclUhMzvsVrpnD5L2tQq7HGEofxNIvs96-FGLn4dAc._XzxKpdAJk1wDl7ZgmUBu_wZVfq02XFq_YOC_f6Wcao&dib_tag=se&keywords=daniel+shaviro+now+is+now+and+then+is+then&qid=1752697305&sprefix=daniel+shavir%2Caps%2C121&sr=8-1), the first fruits of this activity are now moving towards publication. The Virginia Tax Review will soon be publishing a piece entitled Right Taxpayers, Wrong Taxpayers, Deduction-Selling, and Proxy Taxation. Plus, it is possible that Tax Notes, in the late summer or early fall, will publish a piece that is currently titled Did the United States Catch a Break and Not Even Notice? Assessing the Rise of Digital Services Taxes In Lieu of Pillar 1. Note that, in this article title, the question mark plays a crucial role - I am addressing a possibility, not making a definite assertion. 

Other topics that I've been working on, or will soon, include (1) a kind of mainly twentieth-century intellectual history of debate over the proper uses (or not) of the Haig-Simons income definition, (2) a piece on Social Security that explores the current intellectual and policy relevance of classic works on the subject by Paul Samuelson and Martin Feldstein,* and (3) possibly something about economic concerns that are adjacent to the not very economically (or philosophically) well-grounded notion of international tax nexus.

*I was critical in some respects of Feldstein's Social Security work when it came out, but I suppose that by now it has become "classic." Also, it has virtues as well as defects.

Monday, July 14, 2025

Another five-star Amazon review of my memoir

This one goes as follows: "Pure gold. Easily the most honest memoir I've ever read: bracingly real, sharply funny, and deeply human. Whether or not you're familiar with Dan's immense contributions in law and public policy, this is absolutely worth the read."

I don't know who posted this (since it's first-name only), but a fair inference from reading it would be that we (probably) do know each other.

Sunday, July 06, 2025

Review of my memoir on Amazon

 Unexpectedly warm and insightful portrait of the Baby Boom Generation. (5 stars)

Reviewed in the United States on June 29, 2025

Verified Purchase

Who knew that law professors were so funny? This is a warmhearted and introspective series of vignettes that provide an unexpected insight into the life of young professionals from the 1950s to the 1980s. Always entertaining and never boring, even when one might expect it to be. A great read.

Sunday, June 29, 2025

Zero revenue cost from any and all tax cuts, forever and ever

I gather that the GOP score of the Senate tax bill DOES show budgetary costs as being lowered by the expiration of new provisions (such as the higher standard deduction) that it would add to the Internal Revenue Code. This blatantly contradicts its use of a "current-policy" baseline for 2017 provisions.


The Senate GOP's refusal to use a current-policy baseline for NEW provisions means that, the day after enactment, they could pass a new law making all of those expiring provisions permanent, and claim a budgetary cost of zero.


But why stop there? From now on, they should simply make ALL new tax breaks that they enact expire in a week. This would create next to zero revenue loss no matter what they were doing. Then, the next day, they could pass a new law making the same provisions permanent, at a zero revenue cost under the current-policy baseline. They could even, under this approach, repeal all U.S. federal taxes, and claim a zero budgetary cost.


Good work, guys.