Volume 60, No. 2 - Winter 2007

In Memoriam

In Memoriam: David W. Richmond

Robert L. Moore, II

Among my favorite memories of David Richmond was his last oral argument before the Court of Claims in November 1977. At the conclusion, Chief Judge Oscar H. Davis asked him to return to the lectern and made the following remarks from the bench in an extraordinary tribute to David's career...

Articles

Origins and Evolution of Section 751(b)

Karen C. Burke

Section 751 (b), reputedly one of the most widely ignored provisions of Subchapter K, reserves its most daunting complexity for non-pro rata current distributions of property other than cash. ...

Family Limited Partnerships: The Beat Goes On

Walter D. Schwidetzky

In 2001, I published an article that discussed the estate tax consequences of family limited liability entities. A FLLE is a family limited partnership or family limited liability company formed for family estate planning purposes. ...

Equity Derivatives, Inbound Capital and Outbound Withholding Tax

David P. Hariton

Once upon a time, after the Great War, foreign persons invested in the portfolio stocks of U.S. corporations, and the U.S. corporations paid them dividends. If a foreign investor's capital was thus invested, it was presumably being used to conduct business in the United States. ...

A Green Mountain Miracle and the Garden State Grab: Lessons from Vermont and New Jersey on State Corporate Tax Reform

Mark J. Cowan and Clint Kakstys

Revenue from state corporate tax systems has declined substantially in recent years. States have begun to update their corporate tax codes in an effort to stem this erosion. The recent efforts of two states, New Jersey and Vermont, to take up the challenge of corporate tax reform are particularly instructive. ...

The Low-Income Housing Tax Credit: A Proposal to Address IRS Concerns Regarding Partnerships Between Non-Profit and For-Profit Entities

Bradley Myers

Availability of affordable housing is a long standing social issue in the United States. The primary system adopted by Congress to create new stocks of affordable housing is the availability of the Low-Income Housing Tax Credit under section 42 of the Code. ...

A Penny Saved: Will Health Savings Accounts Provide Retirees with Necessary Health Benefits?

Michael P Spiro

It has been reported that the United States spends an aggregate of $1.7 trillion per year on health care, which represents 15% of total economic output. With the aging and retirement of the baby boomer generation, the cost of retiree health care is projected to increase drastically in the coming years. ...

Solving Section 734(b)

Leigh Osofsky

The partnership tax contribution and distribution rules pursue a policy of maximum nonrecognition. Partners can move property in and out of partnerships with the least possible tax disincentive. This policy is essential to ensure efficient partnership formation and operation decisions. ...

Comment

An End to Politically Motivated Audits of Churches? How Ammendment to Section 7217 Can Preserve Integrity in the Tax Investigation of Churches Under Section 7611

Leslie S. Garthwaite

The Service treads on delicate ground whenever it inquires into the activities of a church, given the federal government's historically sensitive relationship with organized religion. This uneasy situation is reflected in the Service's pending investigation into All Saints Episcopal Church of Pasadena, California...

Notes

An Elephant in the Room: Double Deductions and the Economic Substance Doctrine in Coltec Industries, Inc. v. United States

Leland L Gardner

In Coltec Industries, Inc. v. United States, the United States Court of Appeals for the Federal Circuit denied the suit for a federal tax refund by Coltec Industries, Inc. Coltec's refund was based on a business transaction involving the transfer of assets and contingent liabilities...

The Battle over the Scope of Work Product: The Status of "In Anticipation of Litigation" After United States v. Roxworthy

Jeremy C. Scanlan

Discovery of information about the opposing party is a major feature of litigation. However, the ground rules for federal litigation impose several restrictions on discovery. One of the most crucial restrictions involves whether and to what extent a party must disclose work product...

The Tax Lawyer

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Vol. 60, No. 2 - Winter 2007

The Tax Lawyer, Winter 2007

In Memoriam

In Memoriam: David W. Richmond

Articles

Origins and Evolution of Section 751(b)

Family Limited Partnerships: The Beat Goes On

Equity Derivatives, Inbound Capital and Outbound Withholding Tax

A Green Mountain Miracle and the Garden State Grab: Lessons from Vermont and New Jersey on State Corporate Tax Reform

The Low-Income Housing Tax Credit: A Proposal to Address IRS Concerns Regarding Partnerships Between Non-Profit and For-Profit Entities

A Penny Saved: Will Health Savings Accounts Provide Retirees with Necessary Health Benefits?

Solving Section 734(b)

Comment

An End to Politically Motivated Audits of Churches? How Ammendment to Section 7217 Can Preserve Integrity in the Tax Investigation of Churches Under Section 7611

Notes

An Elephant in the Room: Double Deductions and the Economic Substance Doctrine in Coltec Industries, Inc. v. United States

The Battle over the Scope of Work Product: The Status of "In Anticipation of Litigation" After United States v. Roxworthy

The Tax Lawyer

Subscribing

American Bar Association TM American Bar Association

Vol. 60, No. 2 - Winter 2007

The Tax Lawyer, Winter 2007

In Memoriam

In Memoriam: David W. Richmond

Articles

Origins and Evolution of Section 751(b)

Family Limited Partnerships: The Beat Goes On

Equity Derivatives, Inbound Capital and Outbound Withholding Tax

A Green Mountain Miracle and the Garden State Grab: Lessons from Vermont and New Jersey on State Corporate Tax Reform

The Low-Income Housing Tax Credit: A Proposal to Address IRS Concerns Regarding Partnerships Between Non-Profit and For-Profit Entities

A Penny Saved: Will Health Savings Accounts Provide Retirees with Necessary Health Benefits?

Solving Section 734(b)

Comment

An End to Politically Motivated Audits of Churches? How Ammendment to Section 7217 Can Preserve Integrity in the Tax Investigation of Churches Under Section 7611

Notes

An Elephant in the Room: Double Deductions and the Economic Substance Doctrine in Coltec Industries, Inc. v. United States

The Battle over the Scope of Work Product: The Status of "In Anticipation of Litigation" After United States v. Roxworthy

The Tax Lawyer

Subscribing