Volume 60, No. 3 - Spring 2007

Erwin N. Griswold Lecture

2006 Erwin N. Griswold Lecture Before the American College of Tax Counsel: Now That You’ve Caught the Bus, What Are You Going to Do with It? Observations From the Frontlines, the Sidelines, and Between the Lines, So to Speak

Pamela F. Olson

First, let’s start with the adult attention deficit disorder version: 1. The tax shelter war is over. The government won. 2. There is no one-size-fits-all solution to abusive tax shelters of the future or tax avoidance concerns. 3. Tax avoidance is not inherently evil. ...

Articles

Cross-Border Tax Problems of Investment Funds

Kimberly S. Blanchard

Cross-border investment and acquisition activity may be carried on by strategic investors looking to expand or modify their existing business markets or lines, or by financial investors looking more opportunistically for ways to turn a (usually relatively short-term) profit. ...

Equity, Debt, NOT—The Tax Treatment of Non-Debt Open Transactions

Michael S. Farber

Much has been written, and yet relatively little is known, regarding the distinction between debt and equity for U.S. federal income tax purposes. This Article takes that body of law and lore as a point of departure for the exploration of a third axis in the characterization of securities...

Revisionist History: Retroactive Federal Tax Planning

David H. Schnabel

This Article discusses three contexts in which taxpayers sometimes seek to alter the federal tax treatment of a transaction or event by changing what is considered to have occurred in the past. This can occur, for example, when a taxpayer sells property for cash...

Controlling and Minimizing the Taxation of Disability Benefits

Vorris J. Blankenship

A taxpayer receiving disability benefits often relies on the payer of the benefits to determine the extent to which they are taxable, particularly when the benefits arise out of an employment relationship. ...

Comments

Only in America: Tax Patents and the New Sale of Indulgences

Robert King

The beginning of the sixteenth century provided the backdrop for a radical change within the structure of western religion. The humanist intellectual movement, developed during the heyday of the Renaissance...

Giving Life to LIFO: Adoption of the LIFO Method of Inventory Valuation by the Income Tax Code

Stephen C. Lessard

In April 2006, amidst escalating gasoline prices, record oil industry profits, and mid-year electioneering, Senate Republicans proposed a plan “expected to draw significant opposition from the oil industry and perhaps the business community at large.” ...

Notes

Department of Revenue v. Davis: Why the Supreme Court Should Strike Down the Differential Tax Treatment of In-State and Out-of-State Municipal Bonds

Adam Pekor

Justice Cardozo once wrote, “[t]he Constitution . . . was framed upon the theory that the peoples of the several states must sink or swim together, and that in the long run prosperity and salvation are in union and not division.” ...

Tax Court Jurisdiction in Innocent Spouse Equitable Relief Cases: Billings v. Commissioner

Mindy Wu

In 2006, the Tax Court reversed its position on whether it has jurisdiction over taxpayer innocent spouse petitions for equitable relief in nondeficiency cases. In Billings v. Commissioner, the Tax Court held that it does not have jurisdiction...

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Vol. 60, No. 3 - Spring 2007

The Tax Lawyer, Spring 2007

Erwin N. Griswold Lecture

2006 Erwin N. Griswold Lecture Before the American College of Tax Counsel: Now That You’ve Caught the Bus, What Are You Going to Do with It? Observations From the Frontlines, the Sidelines, and Between the Lines, So to Speak

Articles

Cross-Border Tax Problems of Investment Funds

Equity, Debt, NOT—The Tax Treatment of Non-Debt Open Transactions

Revisionist History: Retroactive Federal Tax Planning

Controlling and Minimizing the Taxation of Disability Benefits

Comments

Only in America: Tax Patents and the New Sale of Indulgences

Giving Life to LIFO: Adoption of the LIFO Method of Inventory Valuation by the Income Tax Code

Notes

Department of Revenue v. Davis: Why the Supreme Court Should Strike Down the Differential Tax Treatment of In-State and Out-of-State Municipal Bonds

Tax Court Jurisdiction in Innocent Spouse Equitable Relief Cases: Billings v. Commissioner

The Tax Lawyer

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Renew Your ABA Membership

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Vol. 60, No. 3 - Spring 2007

The Tax Lawyer, Spring 2007

Erwin N. Griswold Lecture

2006 Erwin N. Griswold Lecture Before the American College of Tax Counsel: Now That You’ve Caught the Bus, What Are You Going to Do with It? Observations From the Frontlines, the Sidelines, and Between the Lines, So to Speak

Articles

Cross-Border Tax Problems of Investment Funds

Equity, Debt, NOT—The Tax Treatment of Non-Debt Open Transactions

Revisionist History: Retroactive Federal Tax Planning

Controlling and Minimizing the Taxation of Disability Benefits

Comments

Only in America: Tax Patents and the New Sale of Indulgences

Giving Life to LIFO: Adoption of the LIFO Method of Inventory Valuation by the Income Tax Code

Notes

Department of Revenue v. Davis: Why the Supreme Court Should Strike Down the Differential Tax Treatment of In-State and Out-of-State Municipal Bonds

Tax Court Jurisdiction in Innocent Spouse Equitable Relief Cases: Billings v. Commissioner

The Tax Lawyer

Subscribing

ABA Resources

The ABA

Connect