The Frame Game: How Defining the “Transaction” Decides the Case David P. Hariton In this Article, I make several points. First, all tax-motivated financial structures are designed to allow taxpayers to avoid some of the tax that they would otherwise have to pay. ...
Partnership Exit Strategies and the Failure of the Substantiality Test Thomas W. Henning Subchapter K is intended to provide flexibility so that tax rules do not impede partnership formations, allocation of income and loss among the partners, or the transfer of property into and out of a partnership. ...
Entity Identity: The Taxation of Quasi-Separate Enterprises Stephen B. Land Many of the fundamental questions of the tax law can be posed by applying the great interrogatory pronouns to income: how much is there, who should be taxed on it, when should it be recognized...
Loyalty Divided: Duties to Clients and Duties to Others—the Civil Liability of Tax Attorneys Made Possible by Acceptance of a Duty to the System David J. Moraine The practice of tax law is changing. The confluence of regulation by nonattorneys, an evolving academic concept of a duty owed to the so-called system, and developments in the substantive law designed to increase accountability of lawyers...
Revisiting the “Open Transaction” Doctrine: Exploring Gain Potential and the Importance of Categorizing Amounts Realized Paul Galindo In Fisher v. United States, the United States Court of Federal Claims addressed a dispute over the amount of basis that should be apportioned to the newly severed components of a previously unitary asset—a mutual life insurance policy. ...
Circuit Split over ERISA Standing Remains, Despite Clear Statutory Provisions Kate McDonald The Employee Retirement Income Security Act of 1974 is a comprehensive remedial statute designed to provide uniform laws and a federal forum for claims concerning employee benefit plans...
Solving the Personal Use/Investment Dilemma for Like-Kind Exchanges: Moore v. Commissioner Ari Meltzer In Moore v. Commissioner, the United States Tax Court held that property used as a “second home” or a “vacation home” does not constitute property held for investment for the purpose of nonrecognition of a gain or loss...
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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