James M. Delaney
Prof. Delaney is foremost a professor of law at the University of Wyoming College of Law. His areas of discipline are primarily federal income, estate and gift taxation. He teaches classes in business entity taxation, estate & gift taxation, taxation of individuals and contract law. Prof. Delaney is of counsel to the firm and assists firm counsel in complex tax planning.
Education and Licensure: Prof. Delaney received a B.A. in economics, from the University of Washington in 1985. He then received his J.D. magna cum laude from Gonzaga University School of Law in 1992. He obtained a master of laws in taxation (LL.M.) from the University of Florida College of Law in 1997. Prof. Delaney has been admitted to practice before the U.S. Supreme Court and the U.S. Tax Court. He is licensed to practice law in Washington State. Prof. Delaney consults with the firm on matters of federal taxation and Washington State law. He is not admitted to practice in Wyoming.
Prior Experience: Prof. Delaney was appointed assistant professor in the College of Law on August 26, 2003 and he was granted tenure in 2009. Prof. Delaney also served as Associate Dean of the College of Law from July 2014 through August 2017 and in October 2017, he was appointed as the Winston S. Howard Distinguished Professor of Law. During the 2012-2013 academic year, Prof. Delaney served as Counsel to the Chief Judge of the United States Tax Court in Washington D.C.. Before joining the faculty, Professor Delaney worked at Perkins Coie, LLP in Seattle, Washington. At Perkins Coie, he advised international and domestic clients in the areas of corporate, partnership and personal U.S. federal tax law. Prior to his tenure with Perkins Coie, LLP, Prof. Delaney served as an Attorney Advisor to the Honorable Robert P. Ruwe, Judge, United States Tax Court. He also served as a student editor of the Florida Tax Review and notes & comments editor of the Gonzaga Law Review.
- The Tax Free Spin-off Under IRC § 355, 64th Annual Tax Institute. Missoula, Montana, October 14, 2016.
- A Survey of Tax Deferred Merger and Acquisition Structures & Techniques, 63rd Annual Tax Institute. Missoula, Montana, October 23-24, 2015.
- Speech on Behalf of the Honorable Judge Ruwe, United States Tax Court; Presentation by the Tax Court of the J. Edgar Murdock Award for distinguished service to the United States Tax Court. Washington, D.C., May 29, 2012.
- Questioning Protection of the Spouse & Other Anomalies in the Probate Code; Time for a Change Wyoming?, Southeast Wyoming Estate Planning Council, Laramie, Wyoming, April 24, 2012.
- Current Developments in Estate & Gift Taxation, 59th Annual Tax Institute. Missoula, Montana, October 28-29, 2011
- Tax Aspects: Putting Wyoming’s New LLC Statute to Work for You and Your Clients, College of Law Continuing Legal Education for the Wyoming State Bar Association. Laramie, Wyoming, September 10, 2011.
- The Use of GRATs in Succession Planning, Southeast Wyoming Estate Planning Council, Cheyenne, Wyoming, February 24, 2009.
- QPRTs, GRATs, GRUTs, GRITs & Other Techniques in Tax and Estate Planning, 57th Annual Tax Institute. Missoula, Montana, October 16, 2009.
- Current Developments in Estate & Gift Taxation, ABA Section of Taxation, 2009 Midyear Meeting, New Orleans, Louisiana, January 10, 2009.
- The Use of GRATs in Succession Planning, Small Business Succession Planning Symposium, Capital University Law School, Columbus, Ohio, October 22, 2008.
- Effect in Wyoming of Community-Source Property Acquired in Another State, Southeast Wyoming Estate Planning Council. Cheyenne, Wyoming, March, 25, 2008.
- Structuring Buy-Sell Agreements: Basic Planning and Recent Tax Developments, 55th Annual Tax Institute. Missoula, Montana, October 19, 2007.
- Highlights of Wealth Transfer Tax Developments, Southeast Wyoming Estate Planning Council, Cheyenne, Wyoming, March 27, 2007.
- Current Developments in Estate & Gift Taxation, ABA Section of Taxation, 2007 Mid-Year Meeting, Hollywood, Florida, January 20, 2007.
- Funding Buy-Sell Arrangements with Life Insurance Proceeds, Wyoming State Bar Summit. Laramie, Wyoming, August 15, 2006.
- The Anatomy of an LLC Agreement, 53rd Annual Tax Institute, Missoula, Montana, October 28, 2005.
- Funding Buy-Sell Arrangements with Life Insurance Proceeds, 50th Annual Estate Planning Seminar, Estate Planning Council of Seattle. Seattle, Washington, November 8, 2005.
- Partnership Special Allocations, 52nd Annual Tax Institute, Missoula, Montana. November 5, 2004.
- Using the Tax Code to Expand the Pie, ABA Dispute Resolution Conference, April 4, 2002, Seattle, Washington.
Published Books & Articles:
- Federal Income Tax, Book, LexisNexis Q&A Series 2018. Forthcoming will be a second edition expected to be published in the Fall of 2018.
- Split Interest Valuation: The Devil is in the Detail, 37 Capital University Law Review 929 (2009).
- Federal Estate & Gift Tax, Book, LexisNexis Q&A Series 2009. Second edition published in the spring of 2012. Co-authorship with Prof. Elaine Hightower-Gagliardi, University of Montana School of Law. Third Edition expected to be published in Fall 2018.
- Farming Losses, Chapter, LexisNexis Federal Tax Library, LexisNexis (2007).
- Estate Taxation of Redemption Agreements: The Treasury Loses “Control”, 84 Denver Law Rev. 491 (2006).
- Where Ethics Merge With Substantive Law – An Analysis of Tax Motivated Transactions, 38 Indiana Law. Rev. 295 (2005).