Volume 55, No. 3 - Spring 2002

Articles

Deferential Review of Tax Court Decisions: Taking Institutional Choice Seriously

David F. Shores

For approximately the last 50 years, Tax Court decisions on questions of law have been subject to de novo review by the court of appeals for the circuit in which the taxpayer resides. Prior to that time, decisions were governed by a standard of deferential review...

The Least Fun Part of the Job or A Tax Lawyer's Guide to Acquisition Agreements

Robert Rothman

Acting as tax advisor to a party to a corporate acquisition transaction is lots of fun. Initially, we get to enlighten our clients to the happy notion that, within certain limits, we can choose the tax consequences we want. We explain that, being exceedingly clever fellows...

Untangling the Stock Option Cost Sharing Loophole

Damian Laurey

Intercompany transfer pricing is one of the most important tax issues for many multinational businesses. Cost sharing adds certainty to a particularly vexing area of transfer pricing—the allocation of income attributable to intangible assets. ...

Participation in the Service's Pre-Filing Agreement Program: A Guide to Developing a Quality PFA Request

David R. Stubblefield

With the issuance of Revenue Procedure 2001-22, the Service has expanded its issue-resolution process and offered the Pre-Filing Agreement Program on a permanent basis to Large and Mid-Size Business taxpayers, a category that includes...

The Accelerated and Uneconomic Bearing of Tax Burdens by Mutual Fund Shareholders

Shawn P. Travis

Mutual fund (MF) investors face a variety of issues that differentiate them, in terms of tax burden borne, from investors using self-directed brokerage accounts to trade stocks or bonds similar to those traded by the MF. ...

Notes

Racing Without a Profit Objective and Crashing into Section 183: Zidar v. Commissioner

Bronson J. Bigelow

In Zidar v. Commissioner, a taxpayer who spent in excess of $100,000 to build a stock car for the American Speed Association's 1992 racing season, obtained only $5,571 in sponsorship money, and destroyed the car in the first race was found to lack the required profit objective for purposes of section 183. ...

Evaluating Section 62 Accountable Plans and the Reasonable Reliance Defense: Shotgun Delivery, Inc. v. United States

Dana A. Ehrlich

In Shotgun Delivery, Inc. v. United States, the Ninth Circuit Court of Appeals affirmed a district court's grant of summary judgment against a courier service, agreeing that automobile expense allowances paid to the service's drivers were wages subject to withholding...

The Application of Subpart F Income to a Domestic Corporation Through a Voting Trust After Textron v. Commissioner

John Amory Glaccum

In Textron, Inc. v. Commissioner, the Tax Court addressed whether subpart F income of a controlled foreign corporation could be taxed to a domestic corporation when the domestic corporation held all of the shares of the CFC in an involuntary voting trust. ...

When Compensation Paid as Salary to Shareholder Employees of Personal Service Corporations is Treated as Dividends: Pediatric Surgical Associates, P.C. v. Commissioner

Kevin G. Mosley

In Pediatric Surgical Associates, P.C. v. Commissioner, the Tax Court held that a portion of a personal service corporation's payments to its shareholder employees was a dividend and not deductible compensation. The court reasoned, in effect, that where a personal service corporation...

Discharge of Nonrecourse Liability Versus Discharge of Third Party Indebtedness: Friedland v. Commissioner

Ashton Valente

In Friedland v. Commissioner, the Tax Court held that the amount realized on a sale or disposition of property under section 1001(b) does not include the value of any indebtedness discharged on behalf of a third party. The taxpayer transferred appreciated stock to a bank...

The Tax Lawyer

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Vol. 55, No. 3 - Spring 2002

The Tax Lawyer, Spring 2002

Articles

Deferential Review of Tax Court Decisions: Taking Institutional Choice Seriously

The Least Fun Part of the Job or A Tax Lawyer's Guide to Acquisition Agreements

Untangling the Stock Option Cost Sharing Loophole

Participation in the Service's Pre-Filing Agreement Program: A Guide to Developing a Quality PFA Request

The Accelerated and Uneconomic Bearing of Tax Burdens by Mutual Fund Shareholders

Notes

Racing Without a Profit Objective and Crashing into Section 183: Zidar v. Commissioner

Evaluating Section 62 Accountable Plans and the Reasonable Reliance Defense: Shotgun Delivery, Inc. v. United States

The Application of Subpart F Income to a Domestic Corporation Through a Voting Trust After Textron v. Commissioner

When Compensation Paid as Salary to Shareholder Employees of Personal Service Corporations is Treated as Dividends: Pediatric Surgical Associates, P.C. v. Commissioner

Discharge of Nonrecourse Liability Versus Discharge of Third Party Indebtedness: Friedland v. Commissioner

The Tax Lawyer

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Vol. 55, No. 3 - Spring 2002

The Tax Lawyer, Spring 2002

Articles

Deferential Review of Tax Court Decisions: Taking Institutional Choice Seriously

The Least Fun Part of the Job or A Tax Lawyer's Guide to Acquisition Agreements

Untangling the Stock Option Cost Sharing Loophole

Participation in the Service's Pre-Filing Agreement Program: A Guide to Developing a Quality PFA Request

The Accelerated and Uneconomic Bearing of Tax Burdens by Mutual Fund Shareholders

Notes

Racing Without a Profit Objective and Crashing into Section 183: Zidar v. Commissioner

Evaluating Section 62 Accountable Plans and the Reasonable Reliance Defense: Shotgun Delivery, Inc. v. United States

The Application of Subpart F Income to a Domestic Corporation Through a Voting Trust After Textron v. Commissioner

When Compensation Paid as Salary to Shareholder Employees of Personal Service Corporations is Treated as Dividends: Pediatric Surgical Associates, P.C. v. Commissioner

Discharge of Nonrecourse Liability Versus Discharge of Third Party Indebtedness: Friedland v. Commissioner

The Tax Lawyer

Subscribing