Vol. 23 No. 4 - Summer 2004

From the Chair

Taxation

From the Chair

Richard A. Shaw

We have accomplished a great deal this year. It has been challenging and successful because of your contributions and the strong leadership of your officers, council directors, committee chairs and vicechairs. I could keep this final report short, but it is constructive to review some of our accomplishments. ...

From the Chair-Elect

Taxation

From the Chair-Elect

Kenneth W. Gideon

Our Tax Section comes to its next year (2004-2005) with strong committee leadership, a balanced budget, and an unimpaired voice on IRS guidance. These core strengths, which have enabled the Section to be a unique source of timely information about tax practice for our members, are often taken for granted. ...

Council Actions

Taxation

Council Actions

Evelyn Brody

The Council met on May 6, 2004, at the Grand Hyatt Hotel, Washington, DC. The Council heard reports and took action on the following items...

Points to Remember

Taxation

Charities and Tax Shelters: Old Wine in New Bottles?

Douglas M. Mancino

Tax exempt organizations described in section 501(c)(3) enjoy several tax benefits that make them particularly well suited to be targets for abuse by aggressive promoters of tax shelters. First, there is the charitable contribution deduction. Section 170 allows individuals and corporations that contribute to section 501(c)(3) organizations...

Taxation

Does the Burden of Proof Matter?

Leandra Lederman

Section 7491 places the “burden of proof ” on the Service, but only if, among other requirements, the “taxpayer introduces credible evidence with respect to [the] factual issue ....” The statute does not define “credible evidence” but the legislative history states...

Taxation

New and Improved: The IRS Makes Flexible Benefits Plans More Valuable

Gail Levin Richmond

Although employer-sponsored flexible spending plans carry risks, they also offer tax benefits. As will be discussed below, recent rulings increase taxpayers’ incentives to pay medical expenses through these plans; the costs of smoking cessation, weight loss, and even nonprescription drugs may now be funded through these plans. ...

Point & Counterpoint: Regulations that "Fix" Supreme Court Opinions: Arrogation of Administrative Authority or Appropriate Administrative Response?

Taxation

Point: Treasury Should Not Have Promulgated the Check-the-Box or the INDOPCO Regulations

Gregg Polsky

Recently, Treasury has promulgated regulations that purport to “fix” Supreme Court interpretations of the Code that Treasury found unmanageable. In late 1996, Treasury promulgated the check-the-box regulations, which effectively overruled the corporate resemblance test announced long ago in Morrissey v. Commissioner, 296 U.S. 344 (1935), and embodied in the Kintner regulations. ...

Taxation

Counterpoint: Treasury Acted Properly in Issuing the Check-the-Box Regulations

Jasper L. Cummings, Jr.

Professor Polsky asserts that Treasury has issued two sets of regulations in recent years that are invalid because they conflict with Supreme Court opinions that should be viewed as establishing the meaning of Code terms until Congress says otherwise; that because the regulations are taxpayer-favorable the Treasury is likely to get away with it...

Interview

Taxation

Nancy J. Jardini

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

Nancy J. Jardini was named Chief (Criminal Investigation) of the IRS on January 9, 2004. She is the first woman to serve in that capacity and prior to her appointment had served as Deputy Chief, CI. Ms. Jardini has been a criminal prosecutor and defense attorney for over 15 years and now oversees a staff of about 4,500 employees, including over 2,900 Special Agents. ...

Pro Bono Award

Taxation

Karen Hawkins: 2004 Pro Bono Attorney of the Year

Robert E. McKenzie

Karen L. Hawkins has received the 2004 ABA Section of Taxation Pro Bono Award. The Pro Bono Award is presented each year to an individual lawyer who has demonstrated outstanding and sustained commitment to pro bono legal services. Since entering practice as a San Francisco Bay Area tax controversy attorney 20 years ago, Ms. Hawkins has assisted needy taxpayers who have been faced with the complexity of resolving disputes with the IRS. ...

Spotlight on Committees

Taxation

Partnerships and Limited Liability Companies

William H. Caudill and R. Brent Clifton

Partnerships and limited liability companies (LLCs) have dominated the changing landscape of business organizations for the past twenty years. Multi-member LLCs have become the entity of choice for many organizations, and additional limited liability entities such as limited liability general partnerships, limited liability limited partnerships and single member LLCs are now available. ...

News Briefs

Taxation

News Briefs

ABA Section of Taxation

Tax Section news and announcements.

Tax Bites

Taxation

Tax Bites Trivia Quiz

Gail Levin Richmond

Don’t spend your summer vacation at the beach. Go to the library, find a few Tax Court cases, and enter the first annual Tax Bites Trivia Quiz. ...

American Bar Association TM American Bar Association

Vol. 23 No. 4 - Summer 2004

NewsQuarterly, Vol. 23 No. 4

From the Chair

From the Chair

From the Chair-Elect

From the Chair-Elect

Council Actions

Council Actions

Points to Remember

Charities and Tax Shelters: Old Wine in New Bottles?

Does the Burden of Proof Matter?

New and Improved: The IRS Makes Flexible Benefits Plans More Valuable

Point & Counterpoint: Regulations that "Fix" Supreme Court Opinions: Arrogation of Administrative Authority or Appropriate Administrative Response?

Point: Treasury Should Not Have Promulgated the Check-the-Box or the INDOPCO Regulations

Counterpoint: Treasury Acted Properly in Issuing the Check-the-Box Regulations

Interview

Nancy J. Jardini

Pro Bono Award

Karen Hawkins: 2004 Pro Bono Attorney of the Year

Spotlight on Committees

Partnerships and Limited Liability Companies

News Briefs

News Briefs

Tax Bites

Tax Bites Trivia Quiz