Vol. 25 No. 4 - Summer 2006

From the Chair

Taxation

From the Chair

Dennis B. Drapkin

The Section’s May Meeting attracted over 2,000 registrants, who were able to choose from an extensive menu of first-rate committee and Section programs. At the plenary session, the Section honored Marty Ginsburg with its Distinguished Service Award, recognizing his outstanding contributions as a teacher, author, practitioner and participant...

From the Chair-Elect

Taxation

From the Chair-Elect

Susan P. Serota

This has been an exceptional year for the Tax Section under the superb direction of Dennis Drapkin, the Officers and Council Directors, and the Section’s many Committee Chairs and Vice-Chairs. Special thanks to our Committees and Task Forces for their outstanding work in analyzing new tax law and regulations, preparing comments on proposals and providing the many valuable Section CLE programs. ...

From the Editor

Taxation

From the Editor

Alice G. Abreu

Like Dennis Drapkin, whose last column as Chair appears in this issue, I too will say goodbye. This is my last issue as Supervising Editor. I was writing my first column as Editor on the morning of September 11, 2001, and although my memories of that day will always include the NewsQuarterly for that reason, I’ve enjoyed my time as Editor...

Distinguished Service Award

Taxation

2006 Distinguished Service Award Recipient: Professor Martin D. Ginsburg

Pamela F. Olson

On May 5, 2006, the Tax Section presented its Distinguished Service Award to Martin D. Ginsburg, professor of law at the Georgetown University Law Center and of counsel to the law firm Fried, Frank, Harris, Shriver & Jacobson LLP in Washington, DC. Prof. Ginsburg has been active in the tax bar for nearly 50 years. ...

Taxation

Distinguished Service Award Presentation - May 5, 2006

Martin D. Ginsburg

My very old friend Dick Loengard—we began law school together more than 50 years ago—called me to remind that at breakfast one ought not talk too long. With that excellent thought in mind, Dick proposed I speak this morning on “The Progress of Tax Simplification in My Lifetime.” It would have been a very short speech. ...

Interview

Taxation

A Posthumous Interview with Louis Eisenstein

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

This “interview” consists of quotations from The Ideologies of Taxation written by Louis Eisenstein and published in 1961 (herein “Eisenstein”). Mr. Eisenstein, now deceased, was a tax partner with Arnold, Fortas & Porter. Among other things, he was a litigator. See Lilly v. Commissioner, 343 US 90 (1952), in which he appeared with Randolph Paul when they were both at Paul, Weiss. ..

Points to Remember

Taxation

Tax Aspects of the 2005 Bankruptcy Act

Steve Johnson and Rollin Thorley

After a decade of maneuvering, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8, 119 Stat. 23, was enacted in April 2005. The Act has 15 titles and nearly 200 sections, most of which are effective for bankruptcy cases filed after October 16, 2005. The Act is the most significant set of changes to the Bankruptcy Code (11 U.S.C.) in a generation. ...

Taxation

Are Timely Filed Returns a Prerequisite for Foreign Corporation Expense Deductions?

Kathryn J. Morrison

The Tax Court recently held that Treasury Regulations promulgated under section 882 were invalid to the extent they require a foreign corporation to file timely returns to receive the benefit of deductions otherwise allowed. In Swallows Holding, Ltd. v. Commissioner, 126 T.C. 96 (2006), the Tax Court ruled that the timely filing requirement conflicted with the unambiguous meaning...

Point & Counterpoint: Textualism and the Internal Revenue Code

Taxation

Point: Textualism and the Plain Meaning of the Internal Revenue Code

Thomas D. Greenaway

What is textualism? Justice Scalia, the avatar of modern textualism, relies on the language of a statute to determine its meaning: “[I]f the language of a statute is clear, that language must be given effect--at least in the absence of a patent absurdity.” Textualists transform this erstwhile unremarkable canon of statutory construction into the decisive rule of statutory interpretation. ...

Taxation

Counterpoint: Textualism and the Internal Revenue Code—More Than Plain Meaning

Danshera Cords

Although the “plain meaning” theory of interpretation is perhaps the most familiar type of “textualism,” textualism itself encompasses more than just a plain meaning interpretation. Under the plain meaning theory of textual interpretation, if the text has a plain meaning, that meaning must be given effect...

Boxscore

Taxation

Government Submissions Boxscore

ABA Section of Taxation

Since March 2006, the Section has coordinated the following government submissions, which can be viewed and downloaded free of charge from the Section’s website.

Readers Respond

Taxation

Readers Respond to Consumption vs. Income Tax Debate

Lorence L. Bravenec

Point: Economic Growth Held Back by the Tax System; Counterpoint: Let's Ask Some Fundamental Questions.

In Remembrance

Taxation

Edwin S. Cohen

Sheldon S. Cohen

Edwin S. Cohen—or Ed or even Eddie to everyone who really knew him—lived a long and fruitful life. He passed away this past February after almost 70 years of practice and teaching. I was fortunate in having first met Eddie in 1953. He was one of the leaders of the American Law Institute project to modernize the 1939 Tax Code. ...

Taxation

Boris Kostelanetz

Kathryn Keneally

On January 31, 2006, Boris Kostelanetz passed from being a living treasure to a treasured legend. While future generations of lawyers will not enjoy the privilege of knowing him personally, his life story will remain an inspiration, and his contributions to the law, already an influence on several generations, will continue. ...

Spotlight on Committees

Taxation

Closely Held Businesses

John O. Tannenbaum

The Closely Held Businesses Committee was formed several years ago as an amalgamation of a number of other committees, all of which dealt with closely held businesses and professional organizations. Fortunate to have a history of successful leadership and presentations, the Committee has since successfully presented full-day programs at each of the Section’s three meetings. ...

News Briefs

Taxation

News Briefs

ABA Section of Taxation

Tax Section news and announcements.

American Bar Association TM American Bar Association

Vol. 25 No. 4 - Summer 2006

NewsQuarterly, Vol. 25 No. 4

From the Chair

From the Chair

From the Chair-Elect

From the Chair-Elect

From the Editor

From the Editor

Distinguished Service Award

2006 Distinguished Service Award Recipient: Professor Martin D. Ginsburg

Distinguished Service Award Presentation - May 5, 2006

Interview

A Posthumous Interview with Louis Eisenstein

Points to Remember

Tax Aspects of the 2005 Bankruptcy Act

Are Timely Filed Returns a Prerequisite for Foreign Corporation Expense Deductions?

Point & Counterpoint: Textualism and the Internal Revenue Code

Point: Textualism and the Plain Meaning of the Internal Revenue Code

Counterpoint: Textualism and the Internal Revenue Code—More Than Plain Meaning

Boxscore

Government Submissions Boxscore

Readers Respond

Readers Respond to Consumption vs. Income Tax Debate

In Remembrance

Edwin S. Cohen

Boris Kostelanetz

Spotlight on Committees

Closely Held Businesses

News Briefs

News Briefs