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28 Fla. Tax Rev. 91 (2024)
Do Tax Judges Favor the Tax Authority?

handle is hein.journals/ftaxr28 and id is 98 raw text is: 





    FLORIDA TAX REVIEW
Volume  28                     2024                      Number]


          DO  TAX  JUDGES  FAVOR  THE TAX  AUTHORITY?

                                by

                       Orli Oren-Kolbinger*

ABSTRACT

Judges and judicial systems have become more specialized in response
to increasing legal complexity. While the theoretical literature has dis-
cussed judicial specialization extensively, deliberating its pros and cons
and its implications arguably an appealing background for empirical
investigation few  empirical studies have attempted to quantify the
relationship between judicial specialization and case outcomes. This
Article fills that lacuna. It analyzes a hand-coded dataset of tax cases
in which rulings were made by both specialized tax judges and gener-
alist judges in Israeli District Courts. Its main finding is that special-
ized tax judges are more inclined than generalist judges toward the Tax
Authority. It also finds that women judges and judges who worked in
the private sector before their nomination are more inclined toward the
Tax Authority than men judges and judges who were part of the public
sector before taking the bench.


        *  Assistant Professor, University of Oregon School of Law. Email:
orli@uoregon.edu. In this Article, I use an empirical dataset I assembled
during my Ph.D. studies at Bar-Ilan University Faculty of Law (dissertation
approved, January 2020). I thank Rawia Aburabia, Reuven Avi-Yonah, Israel
Klein, and Jacob Nussim for their valuable substantive and structural advice.
I also thank the faculty workshop participants at Sapir Academic College
School of Law and the Tax Law Workshop participants at the Hebrew Univer-
sity of Jerusalem Faculty of Law for their constructive feedback. Daniel
Baker and Riley Bauer provided excellent research assistance. I am especially
grateful to David Hasen and the Florida Tax Review editorial team for their
thoughtful work throughout the publication process.


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