Vol. 65, No. 3 - Spring 2012

The Role of the Tax Advisor in the Changing World of Global Tax Administration: The 2012 Erwin N. Griswold Lecture Before the American College of Tax Counsel

Harry L. Gutman

I am, of course, deeply honored by the invitation to deliver the Griswold lecture to my friends and colleagues. It is traditional and, in my case personally appropriate, to pay homage to the man who I always knew as “the Dean.” ...

Taxation

Judicial Expansion of the Future Interest Exception to the Gift Tax Annual Exclusion—Examination of the Legislative History and Policy Basis for the Future Interest Exception

William C. Brown

When the Tax Court issued its opinion in Hackl v. Commissioner in 2002, the estate planning community initially stood up and took notice. The case represented a dramatic new line of attack by the Service...

Taxation

Playing the U.S. Audit Lottery: An Update for Foreign Taxpayers

Guillaume H. Goff & Wright H. Schickli

This Article is an update of an article published in The Tax Lawyer in 1990 entitled New House Rules for Foreign Taxpayers that Play the U.S. Audit Lottery. ...

Taxation

Sub S Valuation: To Tax Effect, or Not to Tax Effect, Is Not Really the Question

Daniel Tinkelman, P.V. Viswanath, & Glen M. Vogel

The valuation of Subchapter S corporations is an important tax related issue for small corporations. For the 2008 tax year, Service data indicates that approximately 4 million Subchapter S corporations...

Taxation

Cross Species Conversions and Mergers

John B. Truskowski

The adoption by many states of both conversion statutes—statutes allowing one form of business organization, such as a limited liability company, to convert to another form of business organization...

Taxation

Whistling the Same Tune: How Kasper v. Commissioner Mirrors the False Claims Act and Strengthens the Tax Whistleblower System

John Didday

Political arguments about how to increase government revenues and whether or how to decrease government spending take a prominent place in today’s news. ...

Taxation

Irreconcilable Differences: ESOP Disincentives Created by the Conflicting Demands of Sections 404(k) and 162(k)

Danielle Gershowitz

Employee stock ownership plans (ESOPs) serve the interests of both employees and employers by providing a benefit plan to employees and tax savings to employers. ...

Taxation

From Muffler to Mayo: The Supreme Court’s Decision to Apply Chevron to Treasury Regulations and Its Impact on Taxpayers

Michael Hall

In 1969, the Supreme Court announced that Treasury “[r]egulations ‘must be sustained unless unreasonable.’” Until the Supreme Court’s recent decision in Mayo Foundation for Medical Education and Research v. Commissioner...

Taxation

The Tax Court Capsizes a Leveraged Partnership in Canal Corp.

Tom King

In Canal Corp. v. Commissioner, the Tax Court decided a disguised sale holding against the taxpayer. The case involved a leveraged partnership between the taxpayer Chesapeake Corporation...