Vol. 37 No. 4 - Summer 2018

The Coming Year

By Eric Solomon, Ernst & Young LLP, Washington, DC

It is an honor for me to be the next Chair of the Tax Section, and a privilege to have the opportunity to serve our members, the tax community, and the public.

Interview with Steve Rosenthal

By Thomas D. Greenaway, KPMG LLP, Boston, MA

Steven M. Rosenthal is a long-time participant in the Washington D.C. tax community in both public and private roles. He is currently a senior fellow in the Urban-Brookings Tax Policy Center where his research and writing focuses primarily on business tax issues.

Farewell Physical Presence: Was the U.S. Supreme Court’s Decision Way Off, or Way… Fair?

By Jennifer Weidler Karpchuk, Chamberlain Hrdlicka, Philadelphia, PA

Must a taxpayer have physical presence to be subjected to sales tax collection obligations in a state, or is such a requirement antiquated and unrepresentative of the virtual world in which we live? That is the issue the U.S. Supreme Court grappled with in South Dakota v. Wayfair.

U.S. Tax Court’s Opinion Reversed in Altera by Ninth Circuit Court of Appeals

On July 24, the Ninth Circuit Court of Appeals, in Altera Corp. v. Comm’r, reversed the Tax Court’s Altera ruling that the Treasury’s section 482 transfer-pricing regulations on cost-sharing arrangements was “arbitrary and capricious” under the Administrative Procedure Act.

How the Byrd Rule Might Have Killed the 2017 Tax Bill . . . and Why It Didn’t

By George K. Yin, Edwin S. Cohen Distinguished Professor of Law and Taxation, University of Virginia, Charlottesville, VA

During debate on the 2017 tax bill that was once slated to become the “Tax Cuts and Jobs Act,” the number of stories referencing an arcane budget law known as the “Byrd rule” skyrocketed in publications. This article briefly describes a much more important and little-known aspect of this little-known rule that might have—and perhaps should have—killed the bill altogether.

Executive Compensation for Tax-Exempt Entities After Tax Reform

By Katila Howard, Foster Swift Collins & Smith P.C., Lansing, MI

While the 2017 tax legislation did not produce all of the changes some had predicted, new rules governing excessive compensation for tax-exempt entities will substantially alter the landscape of executive compensation. Deferred compensation and other executive compensation arrangements for tax-exempt entities differ from those established for taxable for-profit entities.

Section 1202: A Big Deal for Small Business

By Matthew E. Rappaport, Falcon Rappaport & Berkman PLLC, New York, NY, and Caryn I. Friedman, Ernst & Young LLP, Washington, DC

Section 1202 was enacted in 1993 as an incentive for taxpayers to start and invest in certain small businesses. Currently, the statute provides an exclusion from income for any gain from the sale or exchange of “qualified small business stock” (QSBS) acquired after the effective date of the statute and held for more than five years.

Wives Need Their Own Lawyers When their Husbands are Accused of Tax Evasion and Other White-Collar Crimes

By Guinevere Moore and Jenny Johnson Ware, Johnson Moore LLC, Chicago, IL

The Sixth Amendment guarantees the right to conflict-free counsel in a criminal case. In addition to the obvious question of whether an attorney can represent co-defendants in a white-collar criminal case, there is the less obvious question of whether the attorney owes a professional duty to non-clients: the criminal defendant’s spouse and children.

#CriptheCode to Enable Work

By Francine J. Lipman, William S. Boyd School of Law, University of Nevada, Las Vegas, Las Vegas, NV, and James E. Williamson, Charles W. Lamden School of Accountancy, Fowler College of Business, San Diego State University, San Diego, CA

Helen Keller would be deeply disappointed to learn that blind individuals in the United States continue to suffer “unaided peculiar expenses,” sky-high unemployment rates and workplace discrimination. The high rates of under and unemployment and lack of livable incomes are due, among other reasons, to the fact that current opportunities for education and employment demand access to technology.

Save the Date: 18th Annual Law Student Tax Challenge (2018-2019)

An alternative to traditional moot court competitions, the Law Student Tax Challenge asks two-person teams of students to solve a cutting-edge and complex business problem that might arise in everyday tax practice.

You’ll Never Pay Too Much

By Robert S. Steinberg, Law Offices of Robert S. Steinberg, Palmetto Bay, FL

To tune of, “You’ll Never Walk Alone,” by Richard Rodgers and Oscar Hammerstein II, from the 1945 Broadway musical show Carousel.

Government Submissions Boxscore

Government submissions are a key component of the Section's government relations activities. The full archive is available to the public on our website.

2018-2019 John S. Nolan Fellowships

Named for the late Jack Nolan, a dedicated and respected Tax Section member, the Nolan Fellow distinction is awarded to young lawyers who are actively involved in the Section and have shown leadership qualities.

Accepting Applications for the 2019-2021 Christine A. Brunswick Public Service Fellowship

The American Bar Association Section of Taxation is pleased to announce that it is now accepting applications for its Christine A. Brunswick Public Service Fellowship program class of 2019-2021.

ABA Section of Taxation's End-of-Summer Book Sale

Save this summer on the Section’s bestselling titles!

TaxIQ: Access Past Meeting Materials

Did you know that Tax Section members have access to thousands of pages of cutting-edge committee program materials presented at Section of Taxation Meetings?

The Tax Lawyer – Spring 2018 Issue Is Available

The Tax Lawyer, the nation’s premier tax law journal, is published quarterly as a service to members of the Tax Section.

The Practical Tax Lawyer – August 2018 Issue Is Available

Produced in cooperation with the Tax Section and published by ALI-CLE, The Practical Tax Lawyer offers concise, practice-oriented articles to assist lawyers with all aspects of tax law.

Support the Section’s Public Service Efforts with a Contribution to the TAPS Endowment

Through the Tax Assistance Public Service (TAPS) endowment fund, the Section of Taxation seeks to provide stable, long-term funding for its tax-related public service programs.

Get Involved in ATT

ABA Tax Times (ATT) is looking for volunteers to join its ranks as associate editors to assist in writing and acquiring articles for publication.

Section Meeting & CLE Calendar

ABA Tax Section meetings are a great way to get connected, get educated, and get the most from your membership!

Section CLE Products

Listen at your convenience to high-quality tax law CLE on a variety of topics.

Sponsorship Opportunities

Opportunities are available to enhance your visibility, grow your network, and expand your reach at ABA Section of Taxation meetings.

2018 U.S. – Europe and U.S. – Latin America Tax Planning Strategies Conference Sponsors

The Section of Taxation thanks the sponsors and exhibitors of the 2018 US-Europe and US-Latin America Tax Planning Strategies Conferences.

Thomson Reuters | Publishing Sponsor

Thomson Reuters Checkpoint Catalyst™ delivers tax research framed in an entirely new way, so you see the clarity, color and context you need to get the whole picture of each business tax issue.