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Telephone: 416-736-5657
Fax: 416-736-5736
E-mail: lphilipps@osgoode.yorku.ca
LLB (Toronto), LLM
(Osgoode), of the Bar of Ontario.
Professor Philipps was appointed to Osgoode Hall Law School's faculty
in 1996, after teaching in the law faculties at the University of
Victoria (1991-95) and the University of British Columbia (1995-96).
She served as Assistant Dean (First Year) at Osgoode from 2001 to
2003.
Professor Philipps' research examines tax law and fiscal policy
through the lenses of critical legal and social theory. Many of
her research projects examine intersections of gender, class and
race inequalities in tax policy and law. She has published numerous
articles and book chapters on topics such as balanced budget and
tax referendum laws, the role of tax law in privatization processes,
judicial interpretation of tax statutes, the tax treatment of unpaid
caregiving work, the distributive impact of income tax cuts, tax
treatment of disability, tax incentives for charitable giving, taxation
of child support payments, and the taxation of inherited wealth.
Her current research includes a 3-year SSHRC-funded project on the
work of unpaid family members (spouses, children, parents and other
relatives) who help out in the family business, or who assist another
family member to fulfill employment duties (such as the unpaid spouse
of a corporate executive or government official). This project involves
a comparative analysis of tax legislation and jurisprudence in Canada,
the U.K. and the U.S. Professor Philipps is also pursuing joint
research with Professor Mary Condon for the Law Commission of Canada,
on gender and economic citizenship. In this context she is researching
innovations in budget processes, including experiments in gender
responsive budgeting, in Canada and several other jurisdictions
including New Zealand, Australia, the U.K. and South Africa.
Research and Supervisory Interests
Taxation law and policy, especially personal income tax and taxation
of trusts and estates; Government budgeting; Gender and fiscal/economic
policy; Comparative tax law.
Courses
Legal Dimensions
This program aims to portray the multiple dimensions of the law
- practical, social as well as theoretical - and to highlight the
variety of contexts in which law operates. It is taught and evaluated
as a component of the first year courses in Criminal Law, Torts,
Contracts, Constitutional Law, Civil Procedure and Property.
Tax Lawyering
This seminar is required for those who wish to complete the Tax
Law Program and is also open to other students. Its purpose is to
step back from the substantive content of tax law to examine the
procedures and skills involved in working as a tax lawyer in various
settings. It will ask students to think critically about tax lawyering
processes and how they impact upon the efficiency and equity of
the tax system. The seminar is structured around four topics that
are cornerstones to the study and practice of tax law. First, it
addresses the professional role and ethical responsibilities of
tax lawyers in different contexts such as domestic and international
tax planning, litigating tax disputes, and advising governments
on proposed tax reforms. Second, the seminar covers the tax law-making
process including the role of different players in the Department
of Finance, the legislative process for enacting tax bills, the
growth of provincial tax policy making powers, and efforts to coordinate
tax policy internationally. Third, it looks at the administration
of the income tax from the perspective of national and international
enforcement powers and techniques, as well as taxpayers' appeal
rights and remedies. Finally, the seminar develops tax research
and writing skills. Students will learn how to access a wide range
of conventional and electronic tax related materials and will develop
their skills directly by conducting research and preparing a variety
of written documents.
Taxation Law
This course is about income tax law as it applies to individuals.
Areas covered include the concept of residence; the taxation year;
amounts that must be included in income; deductions and credits
for personal and business expenses; the taxation of capital gains
on the disposition of property; and tax evasion and avoidance. The
course aims to help students develop a thorough technical knowledge
of personal income tax law and a facility in interpreting tax statutes,
as well as a comprehension of underlying policy objectives, issues
of professional responsibility for tax planners, and the impact
of the tax system on different individuals, families and social
groups.
Selected Publications
"Thinking Critically about
the Taxation of Capital Gains on Donated Public Securities (Or,
Looking s.38(a.1) in the Mouth)", (2003) Canadian Tax Journal
(Vol.51, No.2) 913-924.
"There's Only One Worker: Toward the Legal Integration of Paid Employment
and Unpaid Caregiving", in New Perspectives on the Public-Private
Divide (Vancouver: University of British Columbia Press, 2003)
3.
"Cracking the Conjugal Myths: What Does it Mean for the Attribution
Rules?",
(2002) Canadian Tax Journal (Vol. 50, No. 3) 1031-1039.
"Tax Law and Social Reproduction: The Gender of Fiscal Policy in
an Age of Privatization," in B. Cossman and J. Fudge, eds., Privatization,
Law and the Challenge to Feminism (Toronto: University of Toronto
Press, 2002).
"Disability, Poverty and the Income Tax: The Case for Refundable
Credits", (2001) 16 Journal of Law and Social Policy 77.
"The Supreme Court of Canada's Tax Jurisprudence: What's Wrong With
the Rule
of Law", [2000] Canadian Bar Review [Vol.79] 120-144.
"Taxing the Market Citizen: Fiscal Policy and Inequality in an Age
of Privatization",
(2000) 63 Law and Contemporary Problems 111-132.
"The Rise of Balanced Budget Laws in Canada: Legislating Fiscal
(Ir)Responsibility", (1996) 34:4 Osgoode Hall Law Journal
681-740.
"Tax Policy and the Gendered Distribution of Wealth", in Rethinking
Restructuring: Gender and Change in Canada, ed. Isabella Bakker
(Toronto: University of Toronto Press, 1996), 141-164.
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