If anyone would like a more detailed investigation of this topic, there's a good article on SSRN by another tax professor (http://papers.ssrn.com/sol3/papers.cf

If anyone would like a more detailed investigation of this topic, there's a good article on SSRN by another tax professor (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1734601 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1734601), or Miller's own more expansive article (http://www.cadwalader.com/assets/article/120505MillerTaxNotes.pdf http://www.cadwalader.com/assets/article/120505MillerTaxNote...).