Volume 54, No. 2 - Winter 2001

Articles

Revaluations Revisited: Partnership Allocations and the Demise of the Ceiling Rule

Stephen B. Land

The regulations under section 704 include detailed rules for maintaining partners’ capital accounts to ensure that the allocation of the partnership’s taxable income and loss among the partners will be respected for federal income tax purposes. ...

Age Discrimination or Age Justification? The Case of the Shrinking Future Interest Credits under Cash Balance Plans

Alvin D. Lurie

Eaton v. Onan Corp., a pension case decided last Fall by the federal district court in Indiana, could not fail to please even the most ardent apologist for the cash balance plan design. It is not an exaggeration to state that it saved such plans from an assault...

Tying the Knot: The Tax Consequences of Marriage

Angela V. Langlotz

Much has been written about the marriage penalty. The marriage penalty refers to the extra amount of income tax that a couple pays because their tax bill as a married couple is more than the combined amount they would have paid as single persons. ...

The 2000 Proposed Regulations on Corporate Sponsorship Payments: A Step Toward Restoring the Public’s Trust in Charitable Organizations

Aaron P. Nocjar

“Charities must walk a careful line, balancing their commitment to their missions against the need for revenue streams. . . . Charities that become too much like businesses risk loss of public trust and support.” By actively pursuing corporate sponsorship revenue...

Notes

Research Tax Credit Can Apply to Software Development as Congress Intended: Tax and Accounting Software Corp. v. United States

Robin Davis

In Tax and Accounting Software Corp. v. United States, the United States District Court for the Northern District of Oklahoma held that development of a software program not yet available to the public or members of the computer science field...

When are Pre-Merger Officer Salaries and Investigatory Expenses Deductible under Section 162? The Eighth Circuit’s Answer in: Wells Fargo & Co. v. Commissioner

Kelsey Lemaster

In Wells Fargo & Co. v. Commissioner, the U.S. Court of Appeals for the Eighth Circuit held that salaries paid to corporate officers who provided services in connection with a capital acquisition were deductible as ordinary business expenses under section 162 of the Code. ...

Business Expense Deduction for Private Jet Allowed if Reasonable: Kurzet v. Commissioner

J. Taylor McConkie

In Kurzet v. Commissioner, the Tenth Circuit held that the Tax Court erred in determining that expenses attributable to the use of the taxpayers’ Lear jet were not deductible pursuant to section 162(a). The Tenth Circuit concluded that the Tax Court improperly treated...

Ethel Cotnam’s Ghost—The Conflicting Tax Treatment of Contingent Attorneys’ Fees: Srivastava v. Commissioner

B. Douglas Smith, Jr.

A debate exists among tax practitioners over whether or not a plaintiff’s attorney’s contingency fee paid out of an award or settlement should be considered part of the plaintiff’s gross income. In what is already a major circuit split, the courts of appeals have lined up on both sides of the issue. ...

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Vol. 54, No. 2 - Winter 2001

The Tax Lawyer, Winter 2001

Articles

Revaluations Revisited: Partnership Allocations and the Demise of the Ceiling Rule

Age Discrimination or Age Justification? The Case of the Shrinking Future Interest Credits under Cash Balance Plans

Tying the Knot: The Tax Consequences of Marriage

The 2000 Proposed Regulations on Corporate Sponsorship Payments: A Step Toward Restoring the Public’s Trust in Charitable Organizations

Notes

Research Tax Credit Can Apply to Software Development as Congress Intended: Tax and Accounting Software Corp. v. United States

When are Pre-Merger Officer Salaries and Investigatory Expenses Deductible under Section 162? The Eighth Circuit’s Answer in: Wells Fargo & Co. v. Commissioner

Business Expense Deduction for Private Jet Allowed if Reasonable: Kurzet v. Commissioner

Ethel Cotnam’s Ghost—The Conflicting Tax Treatment of Contingent Attorneys’ Fees: Srivastava v. Commissioner

The Tax Lawyer

Subscribing

American Bar Association TM American Bar Association

Vol. 54, No. 2 - Winter 2001

The Tax Lawyer, Winter 2001

Articles

Revaluations Revisited: Partnership Allocations and the Demise of the Ceiling Rule

Age Discrimination or Age Justification? The Case of the Shrinking Future Interest Credits under Cash Balance Plans

Tying the Knot: The Tax Consequences of Marriage

The 2000 Proposed Regulations on Corporate Sponsorship Payments: A Step Toward Restoring the Public’s Trust in Charitable Organizations

Notes

Research Tax Credit Can Apply to Software Development as Congress Intended: Tax and Accounting Software Corp. v. United States

When are Pre-Merger Officer Salaries and Investigatory Expenses Deductible under Section 162? The Eighth Circuit’s Answer in: Wells Fargo & Co. v. Commissioner

Business Expense Deduction for Private Jet Allowed if Reasonable: Kurzet v. Commissioner

Ethel Cotnam’s Ghost—The Conflicting Tax Treatment of Contingent Attorneys’ Fees: Srivastava v. Commissioner

The Tax Lawyer

Subscribing