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76–284—PDF 2011

S. HRG. 112–573 

NOMINATIONS OF JUAN F. VASQUEZ, 

MAURICE B. FOLEY, AND JANICE EBERLY 

HEARING 

BEFORE THE

COMMITTEE ON FINANCE 

UNITED STATES SENATE 

ONE HUNDRED TWELFTH CONGRESS 

FIRST SESSION 

ON THE

NOMINATIONS OF 

JUAN F. VASQUEZ, TO BE A JUDGE OF THE UNITED STATES TAX 

COURT; MAURICE B. FOLEY, TO BE A JUDGE OF THE UNITED STATES 

TAX COURT; AND JANICE EBERLY, TO BE ASSISTANT SECRETARY OF 

THE TREASURY FOR ECONOMIC POLICY 

JULY 28, 2011 

( 

Printed for the use of the Committee on Finance 

COMMITTEE ON FINANCE 

MAX BAUCUS, Montana, Chairman 

JOHN D. ROCKEFELLER IV, West Virginia 

KENT CONRAD, North Dakota 

JEFF BINGAMAN, New Mexico 

JOHN F. KERRY, Massachusetts 

RON WYDEN, Oregon 

CHARLES E. SCHUMER, New York 

DEBBIE STABENOW, Michigan 

MARIA CANTWELL, Washington 

BILL NELSON, Florida 

ROBERT MENENDEZ, New Jersey 

THOMAS R. CARPER, Delaware 

BENJAMIN L. CARDIN, Maryland 

ORRIN G. HATCH, Utah 

CHUCK GRASSLEY, Iowa 

OLYMPIA J. SNOWE, Maine 

JON KYL, Arizona 

MIKE CRAPO, Idaho 

PAT ROBERTS, Kansas 

MICHAEL B. ENZI, Wyoming 

JOHN CORNYN, Texas 

TOM COBURN, Oklahoma 

JOHN THUNE, South Dakota 

RICHARD BURR, North Carolina 

RUSSELL SULLIVAN, Staff Director 

CHRIS CAMPBELL, Republican Staff Director 

(II) 

C O N T E N T S 

OPENING STATEMENTS 

Page 

Baucus, Hon. Max, a U.S. Senator from Montana, chairman, Committee 

on Finance ............................................................................................................ 1 

Hatch, Hon. Orrin G., a U.S. Senator from Utah ................................................. 2 

Cornyn, Hon. John, a U.S. Senator from Texas .................................................... 4 

WITNESSES 

Vasquez, Juan F., nominated to be a Judge of the United States Tax Court, 

Washington, DC ................................................................................................... 6 

Foley, Maurice B., nominated to be a Judge of the United States Tax Court, 

Washington, DC ................................................................................................... 6 

Eberly, Dr. Janice, nominated to be Assistant Secretary of the Treasury 

for Economic Policy, Department of the Treasury, Washington, DC ............... 8 

ALPHABETICAL LISTING AND APPENDIX MATERIAL 

Baucus, Hon. Max: 

Opening statement ........................................................................................... 1 

Prepared statement .......................................................................................... 11 

Cornyn, Hon. John: 

Opening statement ........................................................................................... 4 

Eberly, Dr. Janice: 

Testimony .......................................................................................................... 8 

Prepared statement .......................................................................................... 13 

Biographical information ................................................................................. 15 

Responses to questions from committee members ......................................... 24 

Foley, Maurice B.: 

Testimony .......................................................................................................... 6 

Prepared statement .......................................................................................... 26 

Biographical information ................................................................................. 27 

Responses to questions from committee members ......................................... 35 

Hatch, Hon. Orrin G.: 

Opening statement ........................................................................................... 2 

Prepared statement .......................................................................................... 38 

Hutchison, Hon. Kay Bailey: 

Prepared statement .......................................................................................... 40 

Vasquez, Juan F.: 

Testimony .......................................................................................................... 6 

Prepared statement .......................................................................................... 41 

Biographical information ................................................................................. 42 

Responses to questions from committee members ......................................... 50 

(III) 

(1) 

NOMINATIONS OF JUAN F. VASQUEZ, TO BE A 

JUDGE OF THE UNITED STATES TAX COURT; 

MAURICE B. FOLEY, TO BE A JUDGE OF 

THE UNITED STATES TAX COURT; AND 

JANICE EBERLY, TO BE ASSISTANT 

SECRETARY OF THE TREASURY 

FOR ECONOMIC POLICY 

THURSDAY, JULY 28, 2011 

U.S. SENATE, 

COMMITTEE ON FINANCE, 

Washington, DC. 

The hearing was convened, pursuant to notice, at 10:04 a.m., in 

room SD–215, Dirksen Senate Office Building, Hon. Max Baucus 

(chairman of the committee) presiding. 

Present: Senators Conrad, Hatch, and Cornyn. 

Also present: Democratic Staff: Russ Sullivan, Staff Director; 

Ayesha Khanna, International Trade Counsel; Tiffany Smith, Tax 

Counsel; and Rory Murphy, International Trade Analyst. Republican Staff: Chris Campbell, Staff Director; and Nick Wyatt, Tax 

and Nomination Professional Staff Member. 

OPENING STATEMENT OF HON. MAX BAUCUS, A U.S. SENATOR 

FROM MONTANA, CHAIRMAN, COMMITTEE ON FINANCE 

The CHAIRMAN. The hearing will come to order. 

The Roman philosopher Seneca said, ‘‘There is nothing a wise 

man does reluctantly.’’ 

We have before us today three wise people, each of whom has 

been called to serve our country, our President, and the American 

people. There are few greater honors than this—few greater honors 

than the call to public service. 

But to serve, each of you must give. You must give your time 

freely, you must give your energy fully, and you must give your 

judgment wisely. And I urge you to do so without reluctance. 

Judge Vasquez and Judge Foley, both of you have been nominated to serve second terms on the U.S. Tax Court. President Clinton appointed you to your first terms in 1995. 

For the past 15 years, you have traveled the country to hear 

thousands of cases. You have demonstrated careful consideration, 

and you have rendered many decisions. 

Judge Vasquez, you came to the Tax Court with years of experience. You worked in private practice for several years and as a 

trial attorney for the IRS. 

2 

Judge Foley, you served as a tax attorney both for the IRS and 

the Treasury Department. You also worked as a tax counsel for 

this committee, especially under our esteemed former chairman, 

Lloyd Bentsen. 

President Obama has called on both of you to continue your service for another 15 years. Over this time, the country will certainly 

change. The nature of your cases may also change. You may be 

called upon to examine new and novel issues. 

You may face new demands on your time, your energy, and your 

judgment. But, if confirmed, I urge you to undertake your new 

terms with the same dedication you showed in your previous terms. 

I know you both will do so without reluctance. 

Dr. Eberly, you have been nominated to be Assistant Secretary 

of Treasury for Economic Policy. In this role, you will provide economic analysis of the state of the U.S. economy. As you perform 

this analysis, you will also identify concerns and anomalies in our 

economy. 

You will assess the economic impact of proposed policy changes, 

and you will recommend policies that hopefully have a positive economic impact on the U.S. economy. 

We need this economic analysis and work now more than ever. 

As you well know, we are living in difficult economic times. We 

need to stimulate economic growth, while curbing our deficit. We 

must take action that encourages job creation. We must enact economic policies today that make our economy better for future generations. 

If confirmed, the economic analysis you conduct will arm policymakers with the information they need to make decisions that accomplish these goals. 

Your experience has prepared you well for this role. You serve 

as a full professor at Northwestern University’s Kellogg School of 

Management. You have previously worked as a professor at the 

University of Pennsylvania’s Wharton School. And you served as an 

economist for the Council of Economic Advisors. You have an excellent research and publications record. In addition, you have won 

numerous awards for outstanding teaching. And you have had considerable experience in policy-related work. 

Each of you, because of your experience and background, has 

been called upon to guide this country through difficult economic 

times. This will require you to give greatly of your time, your energy, and your judgment. I know you, too, will do so without reluctance. 

You are well-qualified for the positions you have been chosen to 

fill. I call upon my colleagues to confirm you quickly. I call upon 

all of you to serve our country well. I know you will. 

[The prepared statement of Chairman Baucus appears in the appendix.] 

The CHAIRMAN. Senator Hatch? 

OPENING STATEMENT OF HON. ORRIN G. HATCH, 

A U.S. SENATOR FROM UTAH 

Senator HATCH. Thank you, Mr. Chairman. And my thanks, also, 

to these three nominees who are appearing before us today. 

3 

We are grateful for your service. And, in the case of the Tax 

Court judges, we are fortunate that the Nation will continue to 

benefit from your special expertise. 

I think the chairman has covered the backgrounds pretty well. 

Let me just say, the tax code is very complicated. In my view, it 

is way too complicated, which is why we need fundamental tax reform that adheres to President Reagan’s three criteria for successful tax reform—economic growth, fairness, and simplicity. 

But given the current complexity of the code, the Finance Committee has traditionally encouraged and recommended that Tax 

Court judges who desire to continue serving on the Tax Court be 

re-nominated and confirmed again. And so we appreciate the special expertise that both of you have, and we appreciate your willingness to serve, and we want you to serve. 

The Tax Court is particularly important because the taxpayer is 

able to file a case in the Tax Court regarding a disputed tax deficiency before paying the disputed amount. 

Prior to the creation of the Tax Court, taxpayers were required 

to pay the tax in question before asking the IRS for a refund or 

taking the government to court. The Tax Court empowers the individual taxpayer so he or she is better able to challenge the government’s position. 

I am not saying that any battle with the Federal Government is 

a walk in the park, but think of how much more difficult it would 

be for an individual taxpayer to take on the IRS if all disputed 

amounts were required in advance before a taxpayer could have his 

day in court and make the case that the government is wrong. 

Dr. Eberly, we are grateful for your willingness to serve. You are 

nominated to be Assistant Secretary for Economic Policy at the 

Treasury Department. 

This position is very important, but it is particularly so today 

given our Nation’s perilous fiscal situation. It is essential that the 

Treasury Department, as it attempts to develop effective public 

policies, is able to make use of current economic research and to 

conduct its own research in an objective and nonpartisan fashion. 

From what I understand, you can do that very well. As with our 

other nominees, this is not your first trip to Washington. As the 

chairman said, you previously served as a junior economist with 

the Council of Economic Advisors, and you are currently a full professor at Northwestern University’s Kellogg School of Management. 

And your research has focused on capital investment, with an emphasis on the effect of risk and uncertainty on the decisions made 

by firms and households, and those are really important areas, as 

far as I am concerned. 

So I am thankful that you appreciate that economic policy, which 

includes tax policy, significantly impacts the decisions of families 

and businesses. 

So I want to, again, extend my thanks to all of you for your willingness to serve. I intend to support each one of you, and we wish 

you well and very, very good experience as you continue serving 

our government. 

[The prepared statement of Senator Hatch appears in the appendix.] 

The CHAIRMAN. Thank you, Senator, very much. 

4 

Now, I would like to introduce the panel. 

The first witness is Judge Juan Vasquez. Senator Cornyn will introduce him. In just a second, Senator. 

The second witness is Judge Maurice Foley, who has been nominated to be a judge on the U.S. Tax Court. 

And finally, Dr. Janice Eberly has been nominated to be Assistant Secretary of the Treasury for Economic Policy. 

Senator Cornyn, would you like to have the honors? 

OPENING STATEMENT OF HON. JOHN CORNYN, 

A U.S. SENATOR FROM TEXAS 

Senator CORNYN. Thank you, Mr. Chairman. I appreciate that 

very much. 

I want to welcome all three of you and congratulate you. And we 

all know that you are not accepting these challenging jobs that you 

are undertaking for the glory or for the money, but in a spirit of 

public service. 

I want to say just a few words about Judge Vasquez, whom I 

first met in 2009, but who comes from my hometown of San Antonio, TX. 

He was first nominated to serve on the Tax Court by President 

Clinton and confirmed by the Senate in 1995. 

As I said, he was born in San Antonio, earned his accounting degree at the University of Texas, and is a certified public accountant 

and also a lawyer, obviously, getting his law degree from the University of Houston Law Center, and his LL.M. in taxation from 

NYU. 

Judge Vasquez has a long and distinguished career, specializing 

in tax law, both in the executive branch and in private practice. He 

worked for the IRS Office of Chief Counsel in Houston before 

spending 13 years in private practice, representing taxpayers before the IRS and Tax Court. 

And I think that is really important, Judge Vasquez. You can understand the plight of taxpayers appearing in Tax Court and dealing with the IRS. I think that is an important experience. 

As a member of the Tax Court, Judge Vasquez has a reputation 

for being balanced and giving taxpayers a fair shake—important 

qualities, no doubt. 

Judge Vasquez is well-respected and has served with distinction, 

Mr. Chairman, and I look forward to supporting his nomination. 

And thank you for giving me a chance to say a few words about 

this nominee. 

Thank you. 

The CHAIRMAN. Thank you very much. 

I would like each of you to speak now, but I am sure some of you 

have family here. And I will begin with you, Judge Vasquez. This 

is an opportunity for you to introduce your family, if you wish. 

Judge VASQUEZ. Thank you. I appreciate it, Senator. 

The CHAIRMAN. We do this with all nominees, because this is a 

mutual effort. It is not just the nominee. It is the whole family 

team that is part of this. 

Judge VASQUEZ. Thank you. I appreciate it. To my right here is 

my wife, Terry, and our two sons, Juan F. Vasquez, Jr., who is a 

tax lawyer in Houston, and also our second son, Jaime Vasquez, 

5 

who is also a tax lawyer in San Antonio, TX; his wife, our 

daughter-in-law, Veronica Leal Vasquez, also an attorney in San 

Antonio, a property tax attorney; and our family friends, Lindsay 

Harris and John and Billie Williams. They are our good family and 

friends. 

And thank you for that opportunity. 

The CHAIRMAN. Would you all please stand so we can give you 

a round of applause just to recognize you? [Applause.] 

Boy, you have a lot of tax experience there. [Laughter.] 

All right. Judge Foley? 

Judge FOLEY. Thank you, Mr. Chairman. Let us begin with my 

wife—we always have to start there—my wife Cassandra, of 26 

years. She has known me for 33 years, loved me, cared for me, 

taken real good care of me. 

The CHAIRMAN. Do you take care of her? 

Judge FOLEY. And I take care of her. She is a law librarian at 

the Congressional Research Service, and, in addition, she is an exemplary mother. And we together raised three children, and two of 

them are here. My eldest child is in London right now studying acting at the Globe Theater, and he is a senior student at a very wonderful university. He is a finance and religion major, and, next 

year, he plans to go to divinity school or seminary. 

My son, my youngest son Nathan, is a high school senior. He is 

a prospective college student, a very accomplished guitarist, and, 

actually, the two-time champion at the Apollo Theater. 

My lovely daughter Corinne is a hardworking and diligent biology major at a very prestigious college. She is a recipient of a 4- 

year academic scholarship, and she is a future doctor. 

So I would like to say that, when Sandy and I reach our golden 

years, we will have a theologian who will pray for us, a musician 

who will play for us, and a doctor who will pay for us. [Laughter.] 

I am also accompanied by one of my most stalwart supporters, 

my mother-in-law, Lillian Green, and she is with my nephew, Gabriel, and his sister and my niece, Araya. And in addition, somewhere back there is a very close friend of mine, Felicia Chambers, 

whom I have known for more than 30 years. And I am also accompanied by my wonderful staff. 

The CHAIRMAN. Would you all please stand so you can be recognized? [Applause.] 

All right. Dr. Eberly, your family? 

Dr. EBERLY. Thank you, Chairman Baucus. 

I am very pleased to introduce my family, who are in the first 

row here. First is my father, Howard Eberly, who came from California for this event; David Dunand, who is my husband and partner for more than 20 years; and our two children, Murielle and 

Marc, whose confidence and joy always give me every possible motivation to serve our country well and create the best possible foundation for all of our futures. 

The CHAIRMAN. Thank you very much. [Applause.] 

Also, in the audience, you might notice we have two Tax Court 

judges, first, Tax Court Judge Elizabeth Paris. Would you please 

stand, Elizabeth? Elizabeth was with this committee on the staff 

several years ago. We are all very, very proud of Judge Paris. Also, 

Chief Judge John Colvin. John? 

6 

Let us give them both a big round of applause. [Applause.] 

So you guys can kind of check these guys out. [Laughter.] 

Judge Vasquez, why don’t you begin? 

Judge VASQUEZ. Thank you. 

The CHAIRMAN. Your statement will automatically be put in the 

record, but we would urge you to summarize it. 

STATEMENT OF JUAN F. VASQUEZ, NOMINATED TO BE A 

JUDGE OF THE UNITED STATES TAX COURT, WASHINGTON, DC 

Judge VASQUEZ. Thank you, Mr. Chairman, Senator Hatch, Senator Cornyn, from my home State of Texas, and distinguished 

members of the committee. It is a privilege to be here today. And 

I want to thank Senator Cornyn for the kind introduction. 

It has been an honor to serve our country as a judge on the 

United States Tax Court for the past 16 years. I am very grateful 

to President Obama for nominating me for a second term as a 

judge on the U.S. Tax Court. 

Mr. Chairman, thank you for scheduling this hearing. And I also 

want to thank the staff members on your committee with whom I 

have worked on my re-nomination. 

I also want to thank my staff, my former and present law clerks, 

some of whom are here, and also my colleagues on the Tax Court, 

for their support. 

And, again, I thank my family, and I would like to express my 

gratitude for their love and support. 

I would also, at this time, like to thank my grandparents, Jesus 

and Basilia Flores, for their values and work ethics that they instilled in me as they raised me in the cotton fields of Texas; and 

also my grandparents, Juan and Victoria Vasquez. 

Since my appointment to the Court in 1995, I have been diligent 

in providing taxpayers and government attorneys who appear before me a fair and impartial trial and in applying our tax laws fairly. 

If confirmed, I make my commitment to this committee to continue to be diligent in interpreting the laws of our country and to 

provide the taxpayers and government their day in court in a fair 

and impartial manner. 

Thank you, and I look forward to any questions that you may 

have. 

Thank you. 

[The prepared statement of Judge Vasquez appears in the appendix.] 

The CHAIRMAN. Well, thank you very much, Judge. 

Judge Foley? 

STATEMENT OF MAURICE B. FOLEY, NOMINATED TO BE A 

JUDGE OF THE UNITED STATES TAX COURT, WASHINGTON, DC 

Judge FOLEY. Thank you, Mr. Chairman, Ranking Member 

Hatch. 

First and foremost, I would like to thank my Lord and Savior, 

Jesus Christ, for blessing me with the opportunity to serve a second term on the United States Tax Court. 

I am truly honored to be nominated by President Obama. And I 

thank you, Chairman Baucus and Ranking Member Hatch, and the 

7 

members of this committee and the finest committee staff, for 

scheduling and processing this nomination. 

Mr. Chairman and Ranking Member Hatch, our Court sincerely 

appreciates your efforts in supporting the re-nomination of sitting 

Tax Court judges, and, indeed, Mr. Chairman, you supported my 

initial nomination in 1994, and I sincerely appreciate that. 

I recall beginning work with this committee in 1988, and, soon 

after beginning here, my boss, Senator Bentsen, was selected to be 

vice presidential nominee on the Dukakis ticket, leaving you to 

shepherd the Technical and Miscellaneous Revenue Act of 1988 

through the floor, and I remember our tax staff working on that 

bill. 

The CHAIRMAN. And I might say it was the great tax staff that 

enabled us to expedite that bill quite quickly, too. 

Judge FOLEY. Thank you very much. 

The CHAIRMAN. You and your team. 

Judge FOLEY. Thank you very much. It was a pleasure serving 

you in that capacity. And I also recall in the late 1990s working 

with Evan Liddiard on many of the adoption tax proposals that you 

had sponsored, Senator Hatch. 

I also appreciate the opportunity to have introduced my family. 

They have been with me during this process and have endured the 

sacrifices necessary for me to do the job well, and I sincerely appreciate that. 

I remember 16 years ago when they were here, Sandy sat with 

a 4-year-old child, a 2-year-old child, and a 6-month-old child, and 

Chairman Packwood turned to Senator Moynihan and said, ‘‘You 

know, all of those toddlers are supposed to have Social Security 

numbers.’’ And I remember Senator Moynihan saying, ‘‘And they 

all do.’’ [Laughter.] 

And I remember thinking to myself, ‘‘I sure hope they do have 

them.’’ But they did, and, in fact, now they are all—not only do 

they have their Social Security numbers, but they have been contributors to the Social Security Trust Fund. They have jobs. 

[Laughter.] 

During the course of my career, I have been very blessed. I have 

had the privilege of drafting regulations at the Internal Revenue 

Service. I have had the privilege of assisting this committee and 

the Treasury Department in establishing and developing tax policy. 

And for the last 16 years, I have had the privilege of sitting on the 

U.S. Tax Court. 

Mr. Chairman, I love government service. It is an honor, it is a 

privilege, and, if confirmed by the Senate, I will work diligently to 

render decisions that adhere to the rule of law. 

Thank you very much. 

[The prepared statement of Judge Foley appears in the appendix.] 

The CHAIRMAN. Thank you. Thank you, Judge, very much. 

Dr. Eberly? 

8 

STATEMENT OF DR. JANICE EBERLY, NOMINATED TO BE ASSISTANT SECRETARY OF THE TREASURY FOR ECONOMIC 

POLICY, DEPARTMENT OF THE TREASURY, WASHINGTON, 

DC 

Dr. EBERLY. Thank you, Chairman Baucus, Senator Hatch, and 

members of the Senate Finance Committee, for the opportunity to 

appear before you today. 

I am honored to have been nominated by President Obama to 

serve as the Assistant Secretary for Economic Policy in the Department of the Treasury, and I am grateful to Secretary Geithner for 

recommending me to the President. 

I appreciate the opportunity to introduce my family and to include them in this process, because this is a family contribution as 

much as it is mine. 

My family came to the United States in the 1800s as ministers 

in the Northwest Territories. My great-great-grandfather was paid 

a nominal salary in Minnesota and the Dakotas, but was mostly 

compensated in firewood. 

My grandmother accepted the call to service in World War II by 

becoming a Rosie the Riveter, while her two sons, including my father, served in the Navy. 

The Navy moved our family’s center of gravity from the Midwest 

to California with my mother’s family, where my grandfather was 

the editorial cartoonist for the San Diego Tribune, including during 

the Great Depression, which gave me an early and satirical insight 

into the press and the economy. 

I grew up there amid orange groves and avocado trees. The setting was idyllic, but lessons are not always easy, as anyone knows 

who has run a small business or lived in a rural area. 

Those experiences were reinforced and expanded by the year I 

spent as national president of the Future Farmers of America, 

which was a world-opening experience for a 19-year-old, traveling 

to 30 States, Puerto Rico, and Japan, gaining a sense of the complexity and interconnectedness of the global economy. 

That experience clarified my educational goals, which I pursued 

at the University of California and at MIT, where I received my 

doctorate in economics. 

Since joining the faculty at the University of Pennsylvania and 

then at Northwestern, which brought me back home to the Midwest, my research has focused on investment issues, including the 

savings and investment decisions of households, as well as investment and employment decisions of firms. 

I have worked to advance our understanding of the private decisions that underlie the investments in research, development, capital, and education that will ensure our Nation’s future. 

In the last decade, I focused on understanding credit programs, 

working on student lending and home loan programs to better appreciate the role of Federal financing and the role it plays in consumer and business credit and debt markets. 

This background has been especially useful, as these markets 

and the household decisions that depend on them have been thrust 

into turmoil by the financial crisis and the recession. 

I am also an educator, and I have taught several generations of 

students at Penn and at Northwestern. I am proud to have seen 

9 

them go on to thrive in business, education, and public service 

around the globe, including, in at least one instance that I know 

of, the staff of one of the Senators on this committee. 

There is no greater satisfaction for a teacher than seeing students become clear-headed, clear-thinking adults, prepared and 

dedicated to making their own well-informed decisions. 

As an economist, I have previously served on the staff of the 

Council of Economic Advisors, and as an advisor to the Bureau of 

Economic Analysis and the Congressional Budget Office. 

I am humbled and honored at the possibility of returning to public service and serving this Nation. If I am approved by this committee and confirmed by the Senate, I am dedicated to fulfilling the 

trust given by you, by the President, and by the American people. 

Thank you. And I would be pleased to answer any questions you 

may have. 

[The prepared statement of Dr. Eberly appears in the appendix.] 

The CHAIRMAN. Thank you very much, Dr. Eberly. I am going to 

ask each of you some questions that are obligatory questions that 

we ask all nominees. Two of you already know this. 

First, is there anything you are aware of in your background that 

might present a conflict of interest with the duties of the office to 

which you have been nominated? 

Judge VASQUEZ. No. 

Judge FOLEY. No. 

Dr. EBERLY. No. 

The CHAIRMAN. Thank you. Do you know of any reason, personal 

or otherwise, that would in any way prevent you from fully and 

honorably discharging the responsibilities of the office to which you 

have been nominated? 

Judge VASQUEZ. No. 

Judge FOLEY. No. 

Dr. EBERLY. No. 

The CHAIRMAN. Thank you. Do you agree, without reservation, to 

respond to any reasonable summons to appear and testify before 

any duly constituted committee of the Congress, if you are confirmed? 

Judge VASQUEZ. Yes. 

Judge FOLEY. Yes. 

Dr. EBERLY. Yes. 

The CHAIRMAN. Thank you. I have no further questions, except 

to wish you very well. It is a great honor for all of you. 

Elizabeth, sitting out there, she is just so excited about being a 

Tax Court judge. [Laughter.] 

And I know that you have been too, both of you, in the last term. 

But just thank you so very, very much for what you are doing for 

our country. 

And you, Dr. Eberly, too. You have had quite a career. You are 

very experienced. I can tell you have your head screwed on 

straight, you have your feet firmly planted on the ground. You 

talked about teaching kids. It gives me a good insight that you 

really care about people and not just turning cranks and numbers, 

but you will really try to define policy as it will affect people in a 

very constructive way, and it is very much appreciated. 

Dr. EBERLY. Thank you. 

10 

The CHAIRMAN. And I wish you, all three, very, very well. It is 

difficult, there are setbacks, as you well know, but long-term, the 

rewards and the joy of doing your very best for our country are unparalleled, and thank you for what you are doing. 

Senator Hatch? 

Senator HATCH. Well, I am grateful to all three of you for being 

willing to work. And, as you can easily see, Senator Baucus has 

asked all the difficult questions. [Laughter.] 

So I have no further questions. I am just very proud of all three 

of you and your families. You are clearly, clearly, very good people 

and the type of people we want to serve in government. And I want 

to commend the President for having re-upped your nominations 

and for giving you this opportunity as well, Dr. Eberly. I think it 

is terrific that you are willing to serve. 

And I just want to compliment all of you. If we could just have 

this kind of accord in all of our nominees, we would all be better 

off. 

Thank you, Mr. Chairman. And thank you, to each of you, for 

serving. 

The CHAIRMAN. Thank you, Senator. 

I do not want to raise unnecessarily high expectations, but it 

would be my hope that you all three can get confirmed before the 

August recess begins. I am certainly going to try, and that would 

be a great precedent for some of the other difficulties we have 

around here. 

That is, if you can get confirmed right away, that is encouragement for us to solve this debt-deficit issue right away, too. 

Good luck, and thank you very much. 

Judge VASQUEZ. Thank you, Mr. Chairman. 

Dr. EBERLY. Thank you. 

Judge FOLEY. Thank you, Mr. Chairman, and thank you, Senator 

Hatch. 

The CHAIRMAN. The hearing is adjourned. 

[Whereupon, at 10:32 a.m., the hearing was concluded.] 

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76284042.eps