Vol. 22 No. 3 - Spring 2003

From the Editor

Taxation

From the Editor

Alice G. Abreu

As befits a publication that goes to press in mid-April, this issue includes several articles that provide an insight into the current workings of the Internal Revenue Service. Not only are we fortunate to be able to feature a very informative interview with B. John Williams, the Chief Counsel of the Internal Revenue Service...

From the Chair

Taxation

From the Chair

Herbert N. Beller

The Section continues to be very busy on a number of fronts. An update on some of our major areas of activity over the past few months follows. The Midyear meeting in San Antonio attracted over 1,200 attendees and, but for some unfortunate weather, was a huge success. ...

Council Actions

Taxation

Council Actions

N. Susan Stone

The Council of the ABA Section of Taxation met on January 23, 2003, for the Midyear Meeting of the Section at the Marriott Hotel in San Antonio, Texas. The Council heard reports and took action on the following items. ...

Nominating Committee

Taxation

2003-2004 Nominees

ABA Section of Taxation

In accordance with sections 6.1 and 6.3 of the Section of Taxation Bylaws, the following nominations have been submitted by the Nominating Committee for terms beginning at the conclusion of the 2003 Annual Meeting in August. ...

Points to Remember

Taxation

Targeting Offshore Abuse: Audit Priorities, John Doe Summonses and the Offshore Voluntary Compliance Initiative

Nancy Beckner

The new audit strategy of the Internal Revenue Service (the “Service”), announced in FS-2002-12 (16 September 2002), sends a strong message to taxpayers and practitioners: compliance has high priority. The new approach realigns audit resources to focus on high-risk areas of taxpayer non-compliance. ...

Taxation

The Service Issues Adverse Chief Counsel Advice on Leveraged Partnership Transaction

Monte Jackel and Matthew Belcher

In a typical leveraged partnership transaction, a corporation (“X”) wants to reduce its ownership in one of its businesses in exchange for cash, but wants to defer recognition of gain. Strategic Investor (“Y”) wants to make a strategic investment in that business. ...

Taxation

Anticipating Challenges to FLPs and FLLCs

David L. Silverman

Family limited partnerships (FLPs) and family limited liability companies (FLLCs) have proliferated over the past decade and have become an integral part of many estate plans primarily because they have favorable tax attributes and provide tremendous planning flexibility. ...

Taxation

The Potential Impact of the Supreme Court's Pending Decision in Grutter v. Bollinger on Private Universities and Other Tax-Exempt Charities

David A. Brennen

On April 1, 2003, the United States Supreme Court heard oral arguments in Grutter v. Bollinger, 288 F.3d 732 (6th Cir. 2002), cert. granted 123 S. Ct. 617 (2002), a case involving a white student’s Equal Protection Clause challenge to the University of Michigan’s affirmative action plan for admitting racial minorities. ...

Point & Counterpoint: Ethical Issues in Cross-Border Taxation

Taxation

Point: Ethical Obligations Extend to Foreign Law

Joan C. Arnold

The question to be addressed sounds so simple: What are the ethical constraints placed on a U.S. tax lawyer involved in a cross-border practice? More specifically, may a U.S. tax lawyer be sanctioned for activities that do not impact the U.S. fisc, but that are improper under the tax laws of another jurisdiction? ...

Taxation

Counterpoint: U.S. Ethical Standards Should Not Depend on Foreign Law

H. David Rosenbloom

The growing cross-border nature of legal practice has confronted the practitioner with difficult problems that only a short time ago would have been seen as rare and exotic. It is not at all rare these days to be called upon to deal with issues arising under, and directly pertaining to, foreign law. ..

Interview

Taxation

B. John Williams

Jasper L. Cummings, Jr. and Alan J.J. Swirski

B. John Williams is Chief Counsel, Internal Revenue Service. Mr. Williams has had a long and distinguished career in both the public and private sectors. Before assuming his current position, Mr. Williams headed the tax litigation practice of Shearman & Sterling and litigated many notable cases, including Rite Aid v. United States, 255 F.3d 1357 (July 6, 2001), rev’g 46 Fed. Cl. 500 (April 21, 2000). ...

Distinguished Service Award

Taxation

2003 Distinguished Service Award Recipient: M. Bernard Aidinoff

Paul J. Sax

Our Tax Section, grateful for the success it has enjoyed by reason of the inspiration and direction of M. Bernard Aidinoff of New York, is delighted to bestow its Distinguished Service Award upon its good friend and esteemed colleague, known everywhere as Bernie. ...

Spotlight on Committees

Taxation

Pro Bono

Richard M. Lipton

As part of its commitment to increasing pro bono activities by Section members, Council approved the formation of a Pro Bono Committee, beginning in 2002. The Committee held its first full meeting at the mid-year meeting in San Antonio this year, and more than 25 Section members attended. ...

Law Student Tax Challenge

Taxation

2002 Tax Law Challenge Competition: A Second Successful Year

Michael M. Lloyd

On January 24, 2003, at the ABA Section of Taxation’s midyear meeting in San Antonio, Texas, the Section of Taxation’s Young Lawyer’s Forum (“YLF”) held the semi-final and final rounds of the 2002 Tax Law Challenge. Now in its second year, the Tax Law Challenge is a competition for J.D. students...

News Briefs

Taxation

News Briefs

ABA Section of Taxation

Tax Section news and announcements.

Website

Taxation

The Section's Redesigned Public Outreach Website

George C. Howell III

The Section’s public outreach website, www.taxtips4U.org, recently was overhauled and redesigned. The website (which is also featured on the ABA homepage, www.abanet.org) contains helpful information and tips for individual taxpayers, non-profit and charitable groups, and small businesses. ...

Renew Your ABA Membership

Vol. 22 No. 3 - Spring 2003

NewsQuarterly, Vol. 22 No. 3

From the Editor

From the Editor

From the Chair

From the Chair

Council Actions

Council Actions

Nominating Committee

2003-2004 Nominees

Points to Remember

Targeting Offshore Abuse: Audit Priorities, John Doe Summonses and the Offshore Voluntary Compliance Initiative

The Service Issues Adverse Chief Counsel Advice on Leveraged Partnership Transaction

Anticipating Challenges to FLPs and FLLCs

The Potential Impact of the Supreme Court's Pending Decision in Grutter v. Bollinger on Private Universities and Other Tax-Exempt Charities

Point & Counterpoint: Ethical Issues in Cross-Border Taxation

Point: Ethical Obligations Extend to Foreign Law

Counterpoint: U.S. Ethical Standards Should Not Depend on Foreign Law

Interview

B. John Williams

Distinguished Service Award

2003 Distinguished Service Award Recipient: M. Bernard Aidinoff

Spotlight on Committees

Pro Bono

Law Student Tax Challenge

2002 Tax Law Challenge Competition: A Second Successful Year

News Briefs

News Briefs

Website

The Section's Redesigned Public Outreach Website

ABA Resources

The ABA

Connect

Renew Your ABA Membership

American Bar Association TM American Bar Association

Vol. 22 No. 3 - Spring 2003

NewsQuarterly, Vol. 22 No. 3

From the Editor

From the Editor

From the Chair

From the Chair

Council Actions

Council Actions

Nominating Committee

2003-2004 Nominees

Points to Remember

Targeting Offshore Abuse: Audit Priorities, John Doe Summonses and the Offshore Voluntary Compliance Initiative

The Service Issues Adverse Chief Counsel Advice on Leveraged Partnership Transaction

Anticipating Challenges to FLPs and FLLCs

The Potential Impact of the Supreme Court's Pending Decision in Grutter v. Bollinger on Private Universities and Other Tax-Exempt Charities

Point & Counterpoint: Ethical Issues in Cross-Border Taxation

Point: Ethical Obligations Extend to Foreign Law

Counterpoint: U.S. Ethical Standards Should Not Depend on Foreign Law

Interview

B. John Williams

Distinguished Service Award

2003 Distinguished Service Award Recipient: M. Bernard Aidinoff

Spotlight on Committees

Pro Bono

Law Student Tax Challenge

2002 Tax Law Challenge Competition: A Second Successful Year

News Briefs

News Briefs

Website

The Section's Redesigned Public Outreach Website

ABA Resources

The ABA

Connect