Volume 54, No. 4 - Summer 2001

Articles

The Earned Income Tax Credit and the Marriage Penalty: New Proposals in Light of the Economic Growth and Tax Relief Reconciliation Act of 2001

Frederick J. Bradshaw, IV

Historically, American society has venerated the institution of marriage for religious, moral, and cultural reasons. Much political rhetoric emphasizes the necessity of preserving family values. The present tax system, however, discourages marriage by levying a marriage penalty...

An Analysis of the IRS’s Voluntary Disclosure Policy

Allen D. Madison

You have a friend that has not paid income taxes for a few years. Since you are an attorney, tax consultant, or accountant, she calls you because she realizes that she probably should become current on her tax liability. She has heard that the Internal Revenue Service has a Voluntary Disclosure Policy...

Tax-Driven Partnership Allocations with Economic Effect: The Overall After-Tax Present Value Test for Substantiality and Other Considerations

Richard M. Leder

This paper is intended to analyze partnership allocations that walk the tightrope of substantiality while attempting to avoid falling off into the black hole of partner’s interest in the partnership. These allocations will all be in partnerships that are engaged in significant business activities...

Lecture

2001 Erwin N. Griswold Lecture Before the American College of Tax Counsel: Is the Tax Bar Going Casual—Ethically?

Randolph W. Thrower

At times, Margaret and I have asked ourselves, “Why are people so nice to us?” This is one of those times. I appreciate the confidence shown, and the risk taken, in giving me the opportunity to deliver this annual address before this illustrious group. ...

Notes

The Wages of Not Working: FICA Liability for Severance Payments in Associated Electric Cooperative, Inc. v. United States

Jeremy L. Hirsh

In Associated Electric Cooperative v. United States, the Federal Circuit held that payments arising under a voluntary severance agreement were wages for employment tax purposes. In affirming the decision of the Court of Federal Claims, the court found...

Determining the Meaning of a Meaningful Collection Due Process Hearing: Katz v. Commissioner

Pamela H. Kesner

In Katz v. Commissioner, the Tax Court held that a taxpayer had the opportunity for, and received, a meaningful Appeals hearing within sections 6320 and 6330 and that the Service had a valid right to collect tax previously assessed against the taxpayer. ...

Giving Teeth to the Prohibitions of ERISA: Forbidden Actuarial Calculations in Cash Balance Plans as per Esden v. Bank of Boston

Gregory M. McLaughlin

In Esden v. Bank of Boston, the Second Circuit held that the defendant bank violated the provisions of the Employee Retirement Income Security Act when it, for the purpose of making a lump-sum distribution out of a cash balance plan, actuarialized the present equivalent value of the participant’s account...

Wage Withholding Is Not Required for Reimbursed Employee Travel Expenses: HB & R, Inc. v. United States

Lisa Richman

In HB & R, Inc. v. United States, the Court of Appeals for the Eighth Circuit held that a corporate taxpayer’s payment of expenses of employee travel undertaken on behalf of the employer were not “wages” subject to FICA and income tax withholding. ...

That’s Entertainment: The Section 274(n) Disallowance for Entertainment Expenses is Held to Apply to Those in the Entertainment Business in Churchill Downs, Inc. v. Commissioner

Kimberly A. Riker

In Churchill Downs, Inc. v. Commissioner, the Tax Court held that, although Churchill Downs, Inc. was in the entertainment business, the costs incurred in hosting non-public events leading up to the Kentucky Derby and Breeder’s Cup races...

Economic Substance Doctrine Applied to Determine the Validity of a Family Limited Partnership for Federal Transfer Tax Purposes: Knight v. Commissioner

Ilana Safer

In Knight v. Commissioner, the Tax Court affirmed the taxpayers’ use of a family limited partnership for federal transfer tax purposes. The case involved an estate plan whereby the taxpayers created a family limited partnership, conveyed personal assets to it...

Annual Report

Important Developments During the Year

ABA Section of Taxation

Tax Section Committee Important Developments Reports.

Index

Index to Volume 54

ABA Section of Taxation

This index includes articles, committee reports, and student notes that appear in volume 54 of The Tax Lawyer.

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Vol. 54, No. 4 - Summer 2001

The Tax Lawyer, Summer 2001

Articles

The Earned Income Tax Credit and the Marriage Penalty: New Proposals in Light of the Economic Growth and Tax Relief Reconciliation Act of 2001

An Analysis of the IRS’s Voluntary Disclosure Policy

Tax-Driven Partnership Allocations with Economic Effect: The Overall After-Tax Present Value Test for Substantiality and Other Considerations

Lecture

2001 Erwin N. Griswold Lecture Before the American College of Tax Counsel: Is the Tax Bar Going Casual—Ethically?

Notes

The Wages of Not Working: FICA Liability for Severance Payments in Associated Electric Cooperative, Inc. v. United States

Determining the Meaning of a Meaningful Collection Due Process Hearing: Katz v. Commissioner

Giving Teeth to the Prohibitions of ERISA: Forbidden Actuarial Calculations in Cash Balance Plans as per Esden v. Bank of Boston

Wage Withholding Is Not Required for Reimbursed Employee Travel Expenses: HB & R, Inc. v. United States

That’s Entertainment: The Section 274(n) Disallowance for Entertainment Expenses is Held to Apply to Those in the Entertainment Business in Churchill Downs, Inc. v. Commissioner

Economic Substance Doctrine Applied to Determine the Validity of a Family Limited Partnership for Federal Transfer Tax Purposes: Knight v. Commissioner

Annual Report

Important Developments During the Year

Index

Index to Volume 54

The Tax Lawyer

Subscribing

ABA Resources

The ABA

Connect

Renew Your ABA Membership

American Bar Association TM American Bar Association

Vol. 54, No. 4 - Summer 2001

The Tax Lawyer, Summer 2001

Articles

The Earned Income Tax Credit and the Marriage Penalty: New Proposals in Light of the Economic Growth and Tax Relief Reconciliation Act of 2001

An Analysis of the IRS’s Voluntary Disclosure Policy

Tax-Driven Partnership Allocations with Economic Effect: The Overall After-Tax Present Value Test for Substantiality and Other Considerations

Lecture

2001 Erwin N. Griswold Lecture Before the American College of Tax Counsel: Is the Tax Bar Going Casual—Ethically?

Notes

The Wages of Not Working: FICA Liability for Severance Payments in Associated Electric Cooperative, Inc. v. United States

Determining the Meaning of a Meaningful Collection Due Process Hearing: Katz v. Commissioner

Giving Teeth to the Prohibitions of ERISA: Forbidden Actuarial Calculations in Cash Balance Plans as per Esden v. Bank of Boston

Wage Withholding Is Not Required for Reimbursed Employee Travel Expenses: HB & R, Inc. v. United States

That’s Entertainment: The Section 274(n) Disallowance for Entertainment Expenses is Held to Apply to Those in the Entertainment Business in Churchill Downs, Inc. v. Commissioner

Economic Substance Doctrine Applied to Determine the Validity of a Family Limited Partnership for Federal Transfer Tax Purposes: Knight v. Commissioner

Annual Report

Important Developments During the Year

Index

Index to Volume 54

The Tax Lawyer

Subscribing

ABA Resources

The ABA

Connect