Mona L Hymel

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Courses

Scholarly Contributions

Books

• Hymel, M. L., Kreiser, L., Milne, J., & Ashiabor, H. (2018). Innovation Addressing Climate Change - Market-Based Perspectives, Critical Issues in Environmental Taxation, Vol XX.
• Hymel, M. L. (2017). Fighting for Water, Critical Issues in Environmental Taxation, Vol. IXX.

Chapters

• Hymel, M. L. (2016). Fighting for Water: The Role of Federal Market Instruments in Addressing Water Issues in the United States. In Critical Issues in Environmental Taxation.
• Hymel, M. L. (2016). Fighting for water: The role of federal market instruments in addressing water issues in the United States. In Critical Issues in Environmental Taxation, Elgar Publishing. Edward Elgar Publishing Ltd. doi:10.4337/9781786431219.00014

Journals/Publications

• Gillies, P., & Hymel, M. L. (2009). Unifying competing dispute resolution processes into a one-stop arbitration. Asia Pacific Law Review, 17(SPECIAL ISSUE 1), 169-178.
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  Abstract: Whether a court should stay or alternatively refuse to stay proceedings in the court to avoid or minimise a multiplicity of proceedings - arbitral and curial - that focus on essentially the same or a related cluster of disputes, arises from time to time in domestic and international commercial arbitration situations. The parties generally want their dispute to be consolidated in the one adjudication. As a party to an arbitration agreement, this one-stop adjudication will be achieved by way of arbitration. This paper examines the responses of the courts and legislatures to this and related issues in common law jurisdictions. © LexisNexis, 2009.
• Mann, R. F., & Hymel, M. L. (2009). Moonshine to Motorfuel: Tax Incentives for Fuel Ethanol. Duke Law Review.
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  Biofuels have been embraced by supporters from President George W. Bush to the Natural Resources Defense Council. Before 1930, the U.S. Treasury focused on shutting down small alcohol producers. After 1978, U.S. energy policy sought to encourage ethanol production to reduce dependence on foreign oil. Federal and state incentives have been credited with increasing ethanol production from 175 million gallons in 1980 to 3.9 billion gallons in 2005. The Internal Revenue Code contains three income tax credits designed to encourage ethanol use: the alcohol mixture credit, the pure alcohol credit, and the small ethanol producer's credit. The credits, together with other subsidies, come close to making the price of ethanol competitive with petroleum-based fuels. This article examines the tax incentives for ethanol and considers their economic and environmental effectiveness. In theory, ethanol use could reduce dependence on foreign oil and greenhouse gas emissions from transport. In practice, the environmental benefits of ethanol are in doubt. Using the tax system to encourage conservation and discourage driving may be a better way to reduce greenhouse gases and oil dependency.
• Mann, R. F., Richmond, G., & Hymel, M. L. (2005). The American Jobs Creation Act's Impact on Individual Investors: A Monster of Complexity?. Tax Notes.
• Hymel, M. L. (1999). The Population Crisis: The Stork, the Plow, and the IRS. SSRN Electronic Journal/North Carolina Law Review, 125. doi:10.2139/ssrn.141856

Proceedings Publications

• Hymel, M. L., Schneider, S. R., & Dixon, S. R. (2006, Fall). Impact of new anti-tax shelter rules on non-tax shelter lawyers and accountants. In BNA Tax Management, Impact of Significant Tax Legislation.
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  After many proposed and temporary regulations and recent legislative changes, major portions of the new anti-tax shelter rules are now final. Although targeted at abuses, the regime is broad and can unexpectedly impact lawyers and accountants involved in common business transactions. This article is meant to help tax practitioners navigate these complicated rules in daily practice addressing questions such as . . . There are so many rules - which apply to taxpayers and which apply to advisors? Do I need to worry about disclosure even when I don't have a tax-motivated transaction? What if I didn't disclose a transaction that I now understand to be a reportable transaction? What are my options? My partnership sent me a listed transaction protective disclosure - does this affect my personal return? I am a taxpayer - should I care if my advisor's correspondence states that it does not provide me penalty protection - What am I paying them for? I am an advisor - if I add the Circular 230 caveat to all of my correspondence, is it business as usual? If I prepare tax returns, am I governed by the Circular 230 rules on "covered opinions"? What if I prepare studies or reports for taxpayers under section 382 or section 482? Should I be nervous if someone tells me my e-mail was a covered opinion on a transaction where I am a material advisor on an undisclosed reportable transaction that is also a "listed transaction"? We answer these questions at the end of this article. This article focuses on two pieces of the anti-tax shelter rules: (1) the rules that define "reportable" transactions and require taxpayers and advisors to disclose those transactions and (2) the Circular 230 rules that govern tax opinions. The article does not discuss other parts of the regime such as (i) the strengthened reasonable cause exception and the disqualified advisor/opinion rules under new section 6662A; (ii) individual state tax shelter rules; and (iii) audit independence rules for accounting firms doing tax work for their audit clients.