Volume 56, No. 3 - Spring 2003

Articles

The Disappearing Limited Deficit Restoration Obligation

Michael A. Oberst

The purpose of the partnership "economic effect" regulation rules is to achieve consistency between the ways that partners share items of income and deduction for tax and economic purposes. Thus, the allocation of a $100 tax deduction to a particular partner will not be respected...

Foreign Investors in RICs and REITs

Robert J. Staffaroni

This Article discusses the U.S. federal tax treatment of foreign investors in investment companies that are entitled to special tax treatment as "regulated investment companies" or "real estate investment trusts" under subchapter M of the Code. ...

Triple Taxation

Deborah L. Paul

U.S. corporations increasingly find themselves in a difficult situation as the owners of large but noncontrolling ownership interests in other corporations. Traditionally, U.S. corporations did not make such investments. But, the dynamics of the telecommunications...

2002 Erwin N. Griswold Lecture Before the American College of Tax Counsel: "The Dynamic Tax Economist"

Joel Slemrod

It's really a pleasure to be here before this august group to deliver the 11th Annual Erwin N. Griswold Lecture. I am especially honored to be the first economist to deliver the lecture, after ten lawyers. ...

2002 Tannenwald Writing Competition: A Policy Analysis and Critique of the Joint Committee on Taxation's Simplification Study

Mark E. Erwin

[Editors' Note: The Tannenwald Writing Competition is sponsored by The Theodore Tannenwald, Jr. Foundation for Excellence in Tax Scholarship and by The American College of Tax Counsel. Mr. Erwin's paper was awarded first prize in the 2002 competition.] ...

Notes

Individual Retirement Accounts Incident to Divorce Are Not Excludable from a Debtor's Bankruptcy Estate: Anderson v. Seaver

Wendy Charon

In Anderson v. Seaver, the Bankruptcy Appellate Panel for the Eighth Circuit held that proceeds of an Individual Retirement Account received through a divorce settlement could not be exempted from a debtor's bankruptcy estate under Minnesota law. ...

Equality Principle for Virgin Islands Tax Clarified by the Third Circuit: Chase Manhattan Bank v. Government of the Virgin Islands

Mary Kay Dunning

In Chase Manhattan Bank v. Government of the Virgin Islands, the Court of Appeals for the Third Circuit held that interest on overpayments of income taxes owed by the taxpayer to the Virgin Islands Bureau of Internal Revenue should accrue...

Agencies to the Rescue: Applying Patent Law to the Research and Experimentation Credit Issues in Eustace v. Commissioner

Jeffrey L. Light

In Eustace v. Commissioner, the Tax Court held that the taxpayer did not qualify for the research and experimentation credit in relation to commercial software development because it did not meet the test under section 41(d). ...

Cracking Walnuts with a Sledgehammer: The Uncertainty of the Reallocation Doctrine in Stewart v. Commissioner

Jeremy Schropp

In Stewart v. Commissioner, the Tax Court held that the individual taxpayer could not deduct payments made by him as a sole proprietor to his wholly-owned corporation under a contract for management services, where he alone performed the services connected with those payments. ...

Application of Religiously Restrictive Secular-Use Provisions in Tax-Exempt Revenue Bond Financing: Steele v. Industrial Development Board of Metropolitan Government Nashville

Darin Schultz

In Steele v. Industrial Development Board of Metropolitan Government Nashville, the Sixth Circuit Court of Appeals considered whether the issuance of tax-exempt revenue bonds to benefit a pervasively sectarian institution violates the Establishment Clause. ...

The Tax Lawyer

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Vol. 56, No. 3 - Spring 2003

The Tax Lawyer, Spring 2003

Articles

The Disappearing Limited Deficit Restoration Obligation

Foreign Investors in RICs and REITs

Triple Taxation

2002 Erwin N. Griswold Lecture Before the American College of Tax Counsel: "The Dynamic Tax Economist"

2002 Tannenwald Writing Competition: A Policy Analysis and Critique of the Joint Committee on Taxation's Simplification Study

Notes

Individual Retirement Accounts Incident to Divorce Are Not Excludable from a Debtor's Bankruptcy Estate: Anderson v. Seaver

Equality Principle for Virgin Islands Tax Clarified by the Third Circuit: Chase Manhattan Bank v. Government of the Virgin Islands

Agencies to the Rescue: Applying Patent Law to the Research and Experimentation Credit Issues in Eustace v. Commissioner

Cracking Walnuts with a Sledgehammer: The Uncertainty of the Reallocation Doctrine in Stewart v. Commissioner

Application of Religiously Restrictive Secular-Use Provisions in Tax-Exempt Revenue Bond Financing: Steele v. Industrial Development Board of Metropolitan Government Nashville

The Tax Lawyer

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Vol. 56, No. 3 - Spring 2003

The Tax Lawyer, Spring 2003

Articles

The Disappearing Limited Deficit Restoration Obligation

Foreign Investors in RICs and REITs

Triple Taxation

2002 Erwin N. Griswold Lecture Before the American College of Tax Counsel: "The Dynamic Tax Economist"

2002 Tannenwald Writing Competition: A Policy Analysis and Critique of the Joint Committee on Taxation's Simplification Study

Notes

Individual Retirement Accounts Incident to Divorce Are Not Excludable from a Debtor's Bankruptcy Estate: Anderson v. Seaver

Equality Principle for Virgin Islands Tax Clarified by the Third Circuit: Chase Manhattan Bank v. Government of the Virgin Islands

Agencies to the Rescue: Applying Patent Law to the Research and Experimentation Credit Issues in Eustace v. Commissioner

Cracking Walnuts with a Sledgehammer: The Uncertainty of the Reallocation Doctrine in Stewart v. Commissioner

Application of Religiously Restrictive Secular-Use Provisions in Tax-Exempt Revenue Bond Financing: Steele v. Industrial Development Board of Metropolitan Government Nashville

The Tax Lawyer

Subscribing