Volume 59, No. 1 - Fall 2005

Articles

LIFO Recapture on C-to-S Conversions: Filling the Gaps and Ameliorating the Deficiencies of Section 1363(d)

David W. LaRue

Prior to the enactment of section 1363(d) in 1987, the conversion of a C corporation to S corporation status was, with rare exception, considered to be a nonevent for tax purposes. None of the gain or loss built into the value of the converting corporation's assets was recognized...

Underwater Assets and Insolvent Corporations: Reflections on Treasury's Recently Proposed Regulations and Related Matters

Jerred G. Blanchard, Jr., Kenneth L. Hooker, and Gary R. Vogel

Over the last few years there has been a significant interest on the part of the tax bar in resolving longstanding uncertainties regarding the tax consequences of transactions involving transfers to corporations of underwater assets and acquisitions and liquidations of insolvent corporations. ...

Judicial Application of Issue Preclusion in Tax Litigation: Illusion or Illumination?

Grover Hartt, III & Jonathan L. Blacker

In a world of increasing litigation and decreasing judicial resources, both courts and litigants value legal devices that lighten their burdens. Issue preclusion, formally and still frequently known as "collateral estoppel," is a judicial doctrine intended to protect courts and litigants from the vexation of repeated trials of the same issue. ...

Defying Expectations: Assessing the Surprising Resilience of State Death Taxes

Robert Yablon

Despite the best efforts of opponents to drive a stake through its heart, the estate tax refuses to die. It is by now well known that the repeal measure enacted as part of the Economic Growth and Tax Relief Reconciliation Act of 2001 did not eliminate the federal estate tax either immediately or permanently. ...

Notes

Sincerity & Credibility: The True Concerns in Assessing Willfulness An Analysis and Criticism of United States c. Pensyl

Donald E. Field

Inconsistency has pervaded recent judicial decisions that have analyzed whether the reasonableness of a taxpayer's belief may be considered by a jury in its deliberations on "willfulness" in assessing a taxpayer's good-faith defense to an allegation of tax evasion. ...

The narrowed Reasonable Cause Standard in Section 6651(a)(2): Estate of Hartsell v. Commissioner

Mark Roche

In Estate of Hartsell v. Commissioner, the Tax Court rejected the taxpayer's assertion of reasonable cause and affirmed the Commissioner's addition of a late-payment penalty to the estate's federal tax liability under section 6651 (a)(2). The court's decision narrows the parameters...

Altering the Alter Ego Doctrine: Misapplication and Gender Issues in Spotts v. United States

Pamela R. Shisler

The alter ego or nominee doctrine is applied in cases ranging from bankruptcy to tort law when determining whether it is appropriate to hold one entity responsible for the debts or liabilities of another. Although most commonly used in cases involving sham corporations or trusts...

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Vol. 59, No. 1 - Fall 2005

The Tax Lawyer, Fall 2005

Articles

LIFO Recapture on C-to-S Conversions: Filling the Gaps and Ameliorating the Deficiencies of Section 1363(d)

Underwater Assets and Insolvent Corporations: Reflections on Treasury's Recently Proposed Regulations and Related Matters

Judicial Application of Issue Preclusion in Tax Litigation: Illusion or Illumination?

Defying Expectations: Assessing the Surprising Resilience of State Death Taxes

Notes

Sincerity & Credibility: The True Concerns in Assessing Willfulness An Analysis and Criticism of United States c. Pensyl

The narrowed Reasonable Cause Standard in Section 6651(a)(2): Estate of Hartsell v. Commissioner

Altering the Alter Ego Doctrine: Misapplication and Gender Issues in Spotts v. United States

The Tax Lawyer

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Renew Your ABA Membership

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Vol. 59, No. 1 - Fall 2005

The Tax Lawyer, Fall 2005

Articles

LIFO Recapture on C-to-S Conversions: Filling the Gaps and Ameliorating the Deficiencies of Section 1363(d)

Underwater Assets and Insolvent Corporations: Reflections on Treasury's Recently Proposed Regulations and Related Matters

Judicial Application of Issue Preclusion in Tax Litigation: Illusion or Illumination?

Defying Expectations: Assessing the Surprising Resilience of State Death Taxes

Notes

Sincerity & Credibility: The True Concerns in Assessing Willfulness An Analysis and Criticism of United States c. Pensyl

The narrowed Reasonable Cause Standard in Section 6651(a)(2): Estate of Hartsell v. Commissioner

Altering the Alter Ego Doctrine: Misapplication and Gender Issues in Spotts v. United States

The Tax Lawyer

Subscribing

ABA Resources

The ABA

Connect