Volume 58, No. 3 - Spring 2005

Articles

Repairing Inside Basis Adjustments

Karen C. Burke

Optional basis adjustments under Subchapter K have come under increased scrutiny as a result of tax shelter abuses involving partnerships. Recent legislation requires mandatory adjustments under sections 734(b) and 743(b) upon certain distributions of partnership property and transfers of partnership interests. ...

Bearer or Registered? Lingering Issues Under TEFRA

Stephen B. Land

Federal tax law imposes sanctions on U.S. persons who hold bearer debt securities and on issuers of bearer debt to U.S. persons. Sanctions on the holder include disallowance of deductions for any losses on sale, taxation of any gains at ordinary rates, loss of the withholding tax exemption for portfolio interest...

The Path Out of the Quagmire: A Better Standard for Assessing State and Local Taxes Under the Negative Commerce Clause

Mark L. Mosley

In the 1980s the Supreme Court created the "internal consistency test" to help evaluate the constitutionality of state and local taxes under the negative Commerce Clause. This Article argues that the Court's use of this test manifests the Court's abandonment of core principles underpinning its negative Commerce Clause jurisprudence...

Notes

Murdering the State Slayer Statute Under the Pretense of ERISA Preemption: Ahmed v. Ahmed

Peter S. Lin

"Fortunately for the state of marital relations in America, a plethora of cases discussing ERISA preemption when one spouse kills another spouse does not exist." In Ahmed v. Ahmed, however, an Ohio appellate court addressed the issue of whether the Employee Retirement Income Security Act of 1974...

Focus on Formality in Family Limited Partnerships: Hillgren v. Commissioner

Craig A. Tamamoto

In Hillgren v. Commissioner, the Tax Court included the values of several income-producing properties in the taxpayer's gross estate under section 2036(a), despite the transfer of these properties to a family limited partnership. The Tax Court did, however, grant the estate's requests for discounts for lack of control, lack of marketability, and lack of voting rights...

Letting the Service Off Easy: The Application of Section 7491(c) in Funk v. Commissioner

Stelio Tellis

The U.S. Tax Court recently addressed whether the burden of production imposed upon. the Service under section 7491(c) of the Code, with regard to additions to tax, applies when the pleadings fail to state a claim for relief. In Funk v. Commissioner...

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Vol. 58, No. 3 - Spring 2005

The Tax Lawyer, Spring 2005

Articles

Repairing Inside Basis Adjustments

Bearer or Registered? Lingering Issues Under TEFRA

The Path Out of the Quagmire: A Better Standard for Assessing State and Local Taxes Under the Negative Commerce Clause

Notes

Murdering the State Slayer Statute Under the Pretense of ERISA Preemption: Ahmed v. Ahmed

Focus on Formality in Family Limited Partnerships: Hillgren v. Commissioner

Letting the Service Off Easy: The Application of Section 7491(c) in Funk v. Commissioner

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Vol. 58, No. 3 - Spring 2005

The Tax Lawyer, Spring 2005

Articles

Repairing Inside Basis Adjustments

Bearer or Registered? Lingering Issues Under TEFRA

The Path Out of the Quagmire: A Better Standard for Assessing State and Local Taxes Under the Negative Commerce Clause

Notes

Murdering the State Slayer Statute Under the Pretense of ERISA Preemption: Ahmed v. Ahmed

Focus on Formality in Family Limited Partnerships: Hillgren v. Commissioner

Letting the Service Off Easy: The Application of Section 7491(c) in Funk v. Commissioner

The Tax Lawyer

Subscribing

ABA Resources

The ABA

Connect