Volume 61, No. 3 - Spring 2008

Articles

2008 Erwin L. Griswold Lecture Before the American College of Tax Counsel: Constancy and Change in Our Federal Tax System

Lawrence B. Gibbs

The opportunity to deliver this year’s Griswold Lecture is an honor for which I thank the officers and Board of Regents of the American College of Tax Counsel. My introduction to Dean Griswold was in law school...

Tax Malpractice Damages: A Comprehensive Review of the Elements and the Issues

Jacob L. Todres

This Article explores the proper measure of damages in tax malpractice litigation. Assuming a plaintiff establishes negligence by a tax advisor and the other requisite elements of the cause of action, exactly what damages may be recovered? ...

Valuation Discounting Techniques: Terms Gone Awry

Wendy C. Gerzog

A discussion of valuation for transfer tax purposes almost always begins with the estate tax regulation defining fair market value as “the price at which the property would change hands between a willing buyer and a willing seller...

Taxation of United States Tax-Exempt Entities’ Offshore Hedge Fund Investments: Application of the Section 514 Debt-Financed Rules to Leveraged Hedge Funds and Derivatives and the Case for Equalization

Summer A. LePree

Several tax issues involving hedge funds have been receiving substantial attention, both in the media and in Congress. One of these issues involves the immense amounts being invested in offshore hedge funds...

Rationalizing the Taxation of Options in the Age of Derivatives

Kevin J. Liss

Although options are perhaps the best-known and oldest form of derivative, the proper taxation of options, from a doctrinal perspective, remains an unsettled area of law. ...

Everything You Always Wanted to Know About Patents but Were Afraid to Ask: A Tax Practitioner’s Primer on Patenting Tax Strategies

Thomas J. Monks

Prior to 1998, members of the tax bar and members of the patent bar, respectively, did not concern themselves with the others’ respective Title of the United States Code. ...

Taxpayer Procedures and Remedies in Tax Controversies: The Elusive Maze of the “Net Worth” Limitations

Robert J. Stuart

There are a number of procedural devices and remedies available to taxpayers involved in federal tax controversies that may either increase the likelihood of success or decrease the cost of the litigation. ...

Comments

Transactions of Interest: Are They “Interesting” Enough To Warrant the New Obligations?

Jared H. Binstock

In early August 2007, the Treasury expanded its reportable transaction regime by adding a new category consisting of “transactions of interest.” A transaction of interest is “a transaction that the [Service] and [Treasury] believe...

On the Difficulties of Taxing Disregarded Single Member Limited Liability Companies as Corporations for Employment Taxes

Steven Gilbert

As part of the so-called “check-the-box” regulations that became effective in 1996, Treasury provided that a single member limited liability company would be treated as a disregarded tax entity unless...

Notes

The High Cost of Free Exercise: All Saints, the Service, and Section 501(c)(3)

Benjamin Vaughn

In the United States, religious organizations must choose between claiming a tax exemption and intervening in a political campaign. Section 501(c)(3) conditions a religious organization’s right to a tax exemption...

The Anonymous Taxpayer: What the Tax Court Failed to Reveal in Anonymous v. Commissioner

Meghan M. Walsh

Typically, when a taxpayer brings a case to the Tax Court, any documents submitted as part of that case become a matter of public record. As a result, potentially sensitive and otherwise private information...

The Tax Lawyer

The Tax Lawyer, the nation’s premier, peer-reviewed tax law journal, is published quarterly as a service to its members by the American Bar Association Section of Taxation. Abstracts can be viewed by anyone, but full text pdfs are accessible only to members of the Section. Section members may also view the Spring 2018 issue of The Tax Lawyer in its entirety.

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Vol. 61, No. 3 - Spring 2008

The Tax Lawyer, Spring 2008

Articles

2008 Erwin L. Griswold Lecture Before the American College of Tax Counsel: Constancy and Change in Our Federal Tax System

Tax Malpractice Damages: A Comprehensive Review of the Elements and the Issues

Valuation Discounting Techniques: Terms Gone Awry

Taxation of United States Tax-Exempt Entities’ Offshore Hedge Fund Investments: Application of the Section 514 Debt-Financed Rules to Leveraged Hedge Funds and Derivatives and the Case for Equalization

Rationalizing the Taxation of Options in the Age of Derivatives

Everything You Always Wanted to Know About Patents but Were Afraid to Ask: A Tax Practitioner’s Primer on Patenting Tax Strategies

Taxpayer Procedures and Remedies in Tax Controversies: The Elusive Maze of the “Net Worth” Limitations

Comments

Transactions of Interest: Are They “Interesting” Enough To Warrant the New Obligations?

On the Difficulties of Taxing Disregarded Single Member Limited Liability Companies as Corporations for Employment Taxes

Notes

The High Cost of Free Exercise: All Saints, the Service, and Section 501(c)(3)

The Anonymous Taxpayer: What the Tax Court Failed to Reveal in Anonymous v. Commissioner

The Tax Lawyer

Subscribing

American Bar Association TM American Bar Association

Vol. 61, No. 3 - Spring 2008

The Tax Lawyer, Spring 2008

Articles

2008 Erwin L. Griswold Lecture Before the American College of Tax Counsel: Constancy and Change in Our Federal Tax System

Tax Malpractice Damages: A Comprehensive Review of the Elements and the Issues

Valuation Discounting Techniques: Terms Gone Awry

Taxation of United States Tax-Exempt Entities’ Offshore Hedge Fund Investments: Application of the Section 514 Debt-Financed Rules to Leveraged Hedge Funds and Derivatives and the Case for Equalization

Rationalizing the Taxation of Options in the Age of Derivatives

Everything You Always Wanted to Know About Patents but Were Afraid to Ask: A Tax Practitioner’s Primer on Patenting Tax Strategies

Taxpayer Procedures and Remedies in Tax Controversies: The Elusive Maze of the “Net Worth” Limitations

Comments

Transactions of Interest: Are They “Interesting” Enough To Warrant the New Obligations?

On the Difficulties of Taxing Disregarded Single Member Limited Liability Companies as Corporations for Employment Taxes

Notes

The High Cost of Free Exercise: All Saints, the Service, and Section 501(c)(3)

The Anonymous Taxpayer: What the Tax Court Failed to Reveal in Anonymous v. Commissioner

The Tax Lawyer

Subscribing