Volume 58, No. 2 - Winter 2005

Articles

Deferential Review of Tax Court Decisions of Law: Promoting Expertise, Uniformity, and Impartiality

Andre L. Smith

This Article continues the debate over whether the federal circuit courts of appeal should deferentially review U. S. Tax Court decisions of law. Some fault this country's tax adjudication system for its nonuniformity. Others criticize it for promoting or allowing bias in favor of the government. ...

Privilege and the Work Product Doctrine in Tax Cases

Martin J. McMahon, Jr., and Ira B. Shepard

Over the past few years, the applicability of the attorney-client privilege, the related section 7525 tax practitioner-client privilege, and the work product doctrine have emerged as significant issues in tax litigation. For the most part, the recent cases have arisen in the context of marketed tax shelters...

Section 174 R&E Deduction Upon Statutory Stock Option Exercise

J. Anthony Coughlan

Employee stock options, in large measure, have fueled the high-technology boom of recent years. Cash-strapped high-tech startup firms make up for the low salaries they offer with grants of stock options. Such firms face a choice: They can award nonstatutory stock options, or they can award statutory options. ...

Patronage-Sourced Income: An Expanding Universe

Clayton S. Reynolds

For taxable cooperatives, the distinction between patronage and nonpatronagesourced income is critical. Subsequent to the publication of Revenue Ruling 69-576, there has been a notable expansion of the types of income that have been determined to qualify as patronage-sourced. ...

Partnerships as an Alternative to Secured Loans

Robert H. Scarborough

This Article considers financing structures that resemble nonrecourse debt but are intended to be treated for tax purposes as partnerships. If respected, they have quite different tax consequences from economically similar loans and can serve a number of useful purposes. ...

The Tax Regime for Individual Expatriates: Whom to Impress?

Andrew Walker

The American Jobs Creation Act of 2004 includes provisions to amend the tax regime for individual expatriates. This salvo is the latest in a politically charged exchange about the taxation of expatriates that ignited in the mid-1990s. ...

Notes

Tax Shelter Methodologies: The (Dis)Appearance of Relevant Facts in Walford v. Commissioner

Mark Brennan

In Walford v. Commissioner, the Tax Court disallowed deductions from the taxpayer's investment in the Say-Fuel limited partnership because the venture was not created with profit as the "dominant or primary objective." Applying the test from the Tenth Circuit...

Missing the Balance: Smith v. United States and the Misapplication of Section 2703

Robert O. Hadfield

In Smith v. United States, on the government's motion for partial summary judgment, the District Court for the Western District of Pennsylvania correctly held that section 2703(a) of the Code applied to a family limited partnership agreement. ...

Mere Right to Designate a Beneficiary? The Value of Death Benefits to the Insured Beyond Asbestos Workers Local No. 23 Pension Fund v. United States

Tiffany A. Madigan

In Asbestos Workers Local No. 23 Pension Fund v. United States, a federal district court held that certain guaranteed-minimum pension plan benefits payable to the plan participant's designated beneficiary were not subject to levy as the result of a tax lien on the property of the plan participant. ...

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Vol. 58, No. 2 - Winter 2005

The Tax Lawyer, Winter 2005

Articles

Deferential Review of Tax Court Decisions of Law: Promoting Expertise, Uniformity, and Impartiality

Privilege and the Work Product Doctrine in Tax Cases

Section 174 R&E Deduction Upon Statutory Stock Option Exercise

Patronage-Sourced Income: An Expanding Universe

Partnerships as an Alternative to Secured Loans

The Tax Regime for Individual Expatriates: Whom to Impress?

Notes

Tax Shelter Methodologies: The (Dis)Appearance of Relevant Facts in Walford v. Commissioner

Missing the Balance: Smith v. United States and the Misapplication of Section 2703

Mere Right to Designate a Beneficiary? The Value of Death Benefits to the Insured Beyond Asbestos Workers Local No. 23 Pension Fund v. United States

The Tax Lawyer

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Vol. 58, No. 2 - Winter 2005

The Tax Lawyer, Winter 2005

Articles

Deferential Review of Tax Court Decisions of Law: Promoting Expertise, Uniformity, and Impartiality

Privilege and the Work Product Doctrine in Tax Cases

Section 174 R&E Deduction Upon Statutory Stock Option Exercise

Patronage-Sourced Income: An Expanding Universe

Partnerships as an Alternative to Secured Loans

The Tax Regime for Individual Expatriates: Whom to Impress?

Notes

Tax Shelter Methodologies: The (Dis)Appearance of Relevant Facts in Walford v. Commissioner

Missing the Balance: Smith v. United States and the Misapplication of Section 2703

Mere Right to Designate a Beneficiary? The Value of Death Benefits to the Insured Beyond Asbestos Workers Local No. 23 Pension Fund v. United States

The Tax Lawyer

Subscribing

ABA Resources

The ABA

Connect