Ethan Yale

  • Professor of Law

Ethan Yale joined the law faculty in 2009. His research and teaching focuses on tax law and policy with an emphasis on the taxation of business entities and complex transactions, including tax shelters. He also teaches a class on the tax and securities law aspects of forming and investing through private investment funds, including hedge funds and private equity funds. Yale has written numerous publications in policy and trade journals that have been of both interest and use to academics, practitioners and the courts. He was awarded the McFarland Prize for outstanding scholarship by a junior member of the law faculty (2011), and his work was selected for presentation at the Stanford/Yale Junior Faculty Forum (2005).

Yale was a member of the Georgetown Law faculty from 2004 to 2009. Prior to joining Georgetown, he was an acting assistant professor at New York University School of Law, an associate with Wachtell, Lipton, Rosen & Katz in New York City, and a law clerk to Judge Jacques L. Wiener Jr. of the U.S. Court of Appeals for the Fifth Circuit. He is a graduate of Cornell University and Tulane Law School.


  • J.D.
    Tulane University School of Law
  • B.S.
    Cornell University

"Residential Solar and the Federal Income Tax."

"Anti-basis," 94 N.C. L. Rev. 485 (2016).

"Taxing Market Discount on Distressed Debt," 32 Va. Tax Rev. 703 (2013).
138 Tax Notes 85 (January 7, 2013).

"Defining 'Partnership' for Federal Tax Purposes," 131 Tax Notes 589 (2011) (reprinted in PLI Corporate Tax Practice Series, last updated March 2015).

"Corporate Distributions Tax Reform: Exploring the Alternatives," 29 Va. Tax Rev. 329 (2010).
HeinOnline (PDF)

"Risk and The Tax Benefit of Deferred Compensation," 62 Tax L. Rev., (2009).
SSRN | HeinOnline (PDF)

"Taxing Cap-and-Trade Environmental Regulation," 37 J. Legal Stud. 535 (2008).

SSRN Abstract

"Was Heinz’s Two-Step Redemption a Sham?" 117 Tax Notes 345 (2007).

"Can Discriminatory Taxation of Municipal Bonds Be Justified? Thoughts on the Davis Topside Briefs" (with Brian Galle), 117 Tax Notes 153 (Oct. 8, 2007).

"Municipal Bonds and the Dormant Commerce Clause After United Haulers" (with Brian Galle), 115 Tax Notes 1037 (July 11, 2007), reprinted in 44 State Tax Notes (July 18, 2007).

"Deferred Compensation Revisited" (with Daniel I. Halperin), 114 Tax Notes 939 (2007).

"Reforming the Taxation of Deferred Compensation" (with Gregg D. Polsky), 85 N.C. L. Rev. 571 (2007).
SSRN | HeinOnline (PDF)

"Reexamining Black & Decker’s Contingent Liability Tax Shelter," 108 Tax Notes 223 (2005).
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"When Are Capitalization Exceptions Justified?", 57 Tax L. Rev. 549 (2004).
SSRN Abstract | HeinOnline (PDF)

"The Final INDOPCO Regulations," 105 Tax Notes 435 (2004).
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Working Papers

"A Better Way to Tax Corporate Distributions: Allow Basis Recovery on Ordinary Dividends"

"The Cary Brown Theorem and the Income Taxation of Risk: A Reappraisal"

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