Brian Galle

Brian Galle

@bdgesq.bsky.social

Berkeley law prof guy, erstwhile Georgetown, DOJ, & points in between. Mostly boring tax stuff; occasional dollops of nonprofits, law & econ, etc. Could be arguing in my spare time.

7K followers619 following1K posts

I like these proposals. Private action is necessary here bc the Supreme Court has already said states can't mandate disclosures of fundraising costs. But both mandated and Guidestar disclosures work to pressure high-cost firms. (For ungated version of the evidence papers.ssrn.com/sol3/papers....).

papers.ssrn.comDoes Mandatory Disclosure Matter? The Case of Nonprofit FundraisingDo small-dollar donors seek out potentially adverse information about organizations making fundraising appeals? Do they react when it is readily available? Do t
Josh Marshall@joshtpm.bsky.social

How To Clean up and Improve the Democratic Fundraising Colossus talkingpointsmemo.com/edblog/how-t...

Let's just clear up one or two things about this Zuckerberg story. www.nytimes.com/2026/10/22/b... 1. Moving in September would not have reduced the billionaire tax at all. At best, it would have given him standing to bring a long-shot retroactivity argument that will get rational-basis review.

nytimes.comZuckerberg’s Big Deal to Stay in CaliforniaThe agreement that Mark Zuckerberg, Meta’s chief executive, cut to stay in California underscores businesses’ fears about a major tax proposal.

2. The fact that Zuckerberg recognized he needed to take dramatic new action, rather than just pointing to his vacation house in FL, tells you everything you need to know about arguments that other billionaires have "fled." Nope, they are all CA tax residents, barring a total uprooting like this.

Brian Galle reposted

While the idea that a guy worth $250 billion needs his (publicly owned) company to pay his taxes should make your eyes roll out of your head, this also goes to show that all the "billionaire founders aren't liquid and a billionaire tax would mess up their companies!" stuff is bullshit.

bloomberg.comMeta Offers Zuckerberg New Shares to Keep Him in CaliforniaMeta Platforms Inc. is taking no chances that Mark Zuckerberg ends up living far away from the company he co-founded.

I may be breaking a little news here, but PACER indicates that the government has abandoned its appeal in the PSLF rule challenge. That is, the rule blocking public-service loan forgiveness for employees of firms that ED claims are "illegal" is now dead. No rites or services will be observed.

Brian Galle reposted

"But critics have described Prop 42 as a 'poison-pill measure'...to defeat the proposed billionaire tax, revenue from which would be used to fund healthcare, food aid, and education in the state." Don't be fooled by Prop 42!

commondreams.orgNewsom Endorses Ballot Measure That Would Cancel Out Billionaire Tax—and Ban Future Wealth Taxes | Common Dreams"He’d rather millions of children and families lose their healthcare than ask a couple hundred billionaires to finally pay their fair share."

I just received a text with the Governor's photo over an ad for Prop 42, which unfortunately was packed with lies and misleading claims. I'm starting to feel like maybe this guy isn't on the level.

Brian Galle@bdgesq.bsky.social

Prop 42 is a cynical, deceptive provision that pretends to "protect retirement savings" (which aren't under threat) but has only 2 real effects: block prop 40 and hand an unpredictable set of weird consequences of its bad drafting to future tax opponents. Shame on its supporters.

Brian Galle reposted

Prop 42 is a cynical, deceptive provision that pretends to "protect retirement savings" (which aren't under threat) but has only 2 real effects: block prop 40 and hand an unpredictable set of weird consequences of its bad drafting to future tax opponents. Shame on its supporters.

CalMatters@calmatters.org

Gavin Newsom backs measure to kill the billionaire tax and ban future wealth taxes Gov. Gavin Newsom isn't just fighting the billionaire tax. He's backing Prop. 42, which would ban future wealth taxes in California, too.

Prop 42 is a cynical, deceptive provision that pretends to "protect retirement savings" (which aren't under threat) but has only 2 real effects: block prop 40 and hand an unpredictable set of weird consequences of its bad drafting to future tax opponents. Shame on its supporters.

CalMatters@calmatters.org

Gavin Newsom backs measure to kill the billionaire tax and ban future wealth taxes Gov. Gavin Newsom isn't just fighting the billionaire tax. He's backing Prop. 42, which would ban future wealth taxes in California, too.

Not to disappoint, but Prop 40 does not tax dual-class s/h on their voting share. For one, the rule is only for private cos. Also, though the s/h is indeed presumed to own at least their voting share, that's just a presumption; if that overvalues their interest, they can just submit an appraisal.

David Dayen@ddayen.bsky.social

One way tech oligarchs retain power is through dual-class shares, allowing them to cash in on public stock markets without giving up power over their companies. @ryanlcooper.com thinks this needs to end: Dual-class shares should be banned, or taxed in proportion to founder control over the company.

For perspective, when I was hired at DOJ, I was told there were 9,000 applicants for the position. In the Tax Division!

Sean Marotta@smmarotta.bsky.social

DOJ had only two applicants for each filled career vacancy in the Civil Rights Division?! Jeez. www.nytimes.com/2026/10/06/u...

Brian Galle reposted

Did you know? 📉 Medi-Cal enrollment declined by more than 1M from June 25 ➡️ 26 📉 HR1 work requirements may accelerate this decline Prop. 40 is a one-time Billionaire Tax on 5% of their wealth to fund: ➡️ Health insurance coverage & care for Californians (90% of funds) ➡️ Food & education (10%)

I'll go further and say that the article's discussion of Prop 40 is an embarrassment to the author and the publication. Quoting paid right-wing agitprop against the Prop, while not mentioning the supporters explanation of why that agitprop is lies, is not what I expect from this outlet.

Steve Randy Waldman@interfluidity.com

I'm a huge @liberalcurrents.com fan, but not at all a fan of this piece by Cameron Cummins-Smith. For most of the piece it argues against strawmen, missing the point of wealth taxes — which is not, not at all, to "raise revenue". www.liberalcurrents.com/tax-the-weal...

Also, FYI if you are a columnist thinking of retyping shit written by a right-wing think tank, and for some reason I don't answer your email, we have posted lots of detailed responses on the internet & they are very easy to find if you google for 20 seconds first.

Brian Galle reposted

My convo with The New Yorker's incredibly professional & dedicated fact checker: IPADFC: "This says you're going to get $100 billion from just 200 people. How is that possible?" Me: "Well, the 200 people are worth > $2.2 trillion." IPADFC: <long pause> IPADFC: "Those are really enormous sums."

This very fine & excellent conference comes to you courtesy of program co-chairs @katarzynabilicka.bsky.social, Kathy Michelmore, and yrs truly, aided of course by our program committee and the good folks on the NTA team. You will be sad if you miss it.

National Tax Association@natltax.bsky.social

Registration is open for the 119th Annual Conference on Taxation! Join us in Pittsburgh for the premier conference on tax policy & public finance: you can expect illuminating sessions, powerful keynotes, and meaningful networking opportunities!💡 🔗https://nta.memberclicks.net/2026annualconference#/

Brian Galle reposted

Six Nobel laureate economists, including our chief economist @josephestiglitz.bsky.social and senior fellow @pkrugman.bsky.social, are backing California’s billionaire tax. They argue a vote in the state with more billionaires than any other could help kick-start wealth taxes nationwide.

ft.comNobel economists throw support behind California billionaire taxProgressive laureates say November ballot measure could ‘start reining in the power’ of ultra-wealthy

Brian Galle reposted

This is obviously nuts but I do want to see states put a "place offsetting $580 bets on State U instead" button on their work requirement verification pages.

James Medlock@jdcmedlock.bsky.social

Republicans, in their infinite wisdom, left a big gambling loophole in the Medicaid work requirements. I'm no fan of the gambling industry, but if you are on Medicaid and struggling to deal with the work requirements, taking a $580 bet on both sides of an outcome is one way of getting around them.

This is obviously nuts but I do want to see states put a "place offsetting $580 bets on State U instead" button on their work requirement verification pages.

James Medlock@jdcmedlock.bsky.social

Republicans, in their infinite wisdom, left a big gambling loophole in the Medicaid work requirements. I'm no fan of the gambling industry, but if you are on Medicaid and struggling to deal with the work requirements, taking a $580 bet on both sides of an outcome is one way of getting around them.

I support this effort but hey! I am already using that name. rooseveltinstitute.org/wp-content/u...

rooseveltinstitute.orgrooseveltinstitute.org
TCI@tcifiscal.bsky.social

TCI’s updated Fair Share report looks at what several states are making possible by approving new or higher tax rates on million-dollar incomes. As federal cuts cloud Virginia's revenue outlook, a Fair Share tax could mean ongoing revenue and a fairer tax code. bit.ly/fair-share-tax-virginia

This zoning thing is not a hypothetical. There are a bunch of charitable property-tax exemption cases involving charities that violate local zoning, and courts over and over say that no, you can't lose your charitable tax exempt for breaking local ordinances.

Anyway, the Education Regulation we nonprofit professors commented on was struck down by two separate district courts. I can't see this attempt faring much better. Again, we'll see 'em in court.

The IRS claims that an illegality doctrine has deep roots in the history of the common law of charity, so I read Every. Freaking. Charitable. Trust. Case. Since. 1602. They are boring, people. And there is no illegality doctrine. Nope, not there. It's a mistake by an 19th-century treatise writer.

On top of that, the economics of a supposed "illegality" doctrine are insane. Imagine that for everyone else, the fine for a zoning violation is $500. But for a charity, it is a random amount that could exceed millions of dollars. Is that a rational system of deterrence?

There is a lot more to say than we were able to get finished in time to comment on last year's Education Department NPRM. I'm looking forward to seeing @smbrnsn.bsky.social 's piece, and I'll have another 25k words or so soon. Here's a quick sampler of what they'll say.

#1 is there is no such thing as the "illegality" doctrine. Indeed, the U.S. Supreme Court expressly said that the IRS cannot revoke a charity's tax exempt status for illegal conduct unless the conduct would violate a "fundamental" public policy on which all 3 branches of gov't have long agreed.

Now in print: Where are all these super-rich families hiding their money from the estate tax? How can we tax it anyway? Read the answer in an article that NBER President Jim Poterba himself calls "very interesting"! repository.law.upenn.edu/Documents/De...

repository.law.upenn.eduTaxing Dynasties - Intellectual Life @ PCLTaxing Dynasties, Brian Galle, UC Berkeley School of Law<br>David Gamage, University of Missouri School of Law<br>Bob Lord, Institute for Policy Studies, <a href="https://doi.org/10.58112/uplr.174-5.2...
Brian Galle@bdgesq.bsky.social

New WP alert! Taxing Dynasties with @davidgamage.bsky.social and @azboblord.bsky.social (forthcoming U. Pa. L. Rev.) papers.ssrn.com/sol3/papers.... Long summary thread incoming. 1/15

<kermit typing frantically at typewriter .gif>

Michael Mechanic@michaelmechanic.bsky.social

Oh, this would be a very slippery slope, because there lots and lots of conservative nonprofits funding anti-democratic extremism and they could be targeted in the same way by another administration.

Sneak preview: Not only isn't there an "illegality" doctrine in nonprofit law today, there never was. Despite many treatises that say otherwise! I read every freaking charitable trust case back to 1602 to prove it, y'all. And yes, I did have to get a new eyeglass prescription.

Brian Galle reposted

Brian Galle reposted

In New York City, property owners are pushing back hard on Mayor Zohran Mamdani's pied-à-terre tax: suing to block it and threatening to pull business from the city. A tax like this is one way progressives are trying to tax the rich.

Sobering story on the impact of federal cuts on CA's health system, and unfortunately the Becerra quotes are cringe at best. There is no plan except to watch insured workers pay an extra $30B per year. This is exactly the crisis Prop 40 was written for: $100B in revenue, 90% to reduce health costs.

NPR@npr.org

The nation's uninsured rate hit a historical low when Xavier Becerra was health secretary. Now he wants to be California's next governor as Trump's actions have driven people off health insurance. n.pr/4wHvNrW

It's almost as if taxing billionaires were a wildly popular policy among democratic voters and they get mad at you when you try to sink the one serious policy effort to do that the country has going right now.

Poll Tracker 📊@polltracker.bsky.social

How 2028 Democratic Primary Polling Has Shifted Since January 1, 2026 🟢Ossoff: +5 🟢Kelly: +4.1 🟢Harris: +2.4 🟢AOC: +1.5 🟢Buttigieg: +1.3 🟢Shapiro: +1.4 🔴Newsom: -10.8

Can't speak for the union but in my household if the governor were to say "you know what? I was wrong and we need to get this Prop 40 billionaire tax thing done" we would be pretty forgiving.

Fun fact, this is not Ryan Grim's idea; it is how the California billionaire tax actually operates (although we drafted it to take notional equity stakes rather than actual shares to simplify corporate governance).

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Learned today that Dax Shepard has views about the constitutionality of #Prop40, the CA Billionaire Tax, and my mind is blown. To be clear, those views appear to be, you know, as accurate as you expect from a podcaster who starred in a reboot of CHiPS, but still cool to see citizen engagement.

(Dax does not understand that effective dates of tax rules get rational basis review, does not understand what rational basis review is, and is unfamiliar with the concept of severability, but again, it is great that people care enough about taxing billionaires to get this deep in the weeds.)