Volume 65, No. 2 - Winter 2012

Articles

Taxation

Bar the Exit (Tax)! Section 877A, the Constitutional Prohibition Against Unapportioned Direct Taxes and the Realization Requirement

Mark E. Berg

Tax practitioners wade into the deep waters of constitutional law at our peril. Indeed, a leading constitutional scholar, Professor Bruce Ackerman of Yale, has characterized even the efforts of respected tax professors...

Taxation

ESOP Dividends: Arguments for Section 404(k) Dividend Deductions

David Eckhardt

Employers that maintain an employee stock ownership plan (ESOP) provide a method to compensate their employees while generating employee interest in the success of the employer. ...

Taxation

Now You See It, Now You Don’t: The Comings and Goings of Disregarded Entities

Martin J. McMahon, Jr.

A business may be conducted through a limited liability company (LLC), organized under state law, rather than through a partnership, corporation, or through direct ownership by an individual as a sole proprietor. ...

Taxation

Federal Income Tax Treatment of Hedge Funds, Their Investors, and Their Managers

David S. Miller & Jean Bertrand

The structure of a hedge fund is generally designed to be tax and administratively efficient, and is largely dependent upon the classes of investors—for example, U.S. taxable, foreign, and U.S. tax-exempt—the asset classes...

Comment

Taxation

The Economics and Politics of Tax Loss Carryforwards in the Great Recession: Why GM Gets a $16 Billion Subsidy

Matthew Cline

As the economic crisis of 2008 unfolded and Congress scrambled to stimulate the economy and bail out struggling financial institutions, Treasury was busy tinkering with the Code to achieve the same ends. ...

Notes

Taxation

Tax Court Wrestles with “Geithner Defense” to Accuracy-Related Penalties

Conor F. Larkin

In 2010 the Tax Court rejected the so-called Geithner defense to accuracy-related penalties in several cases where taxpayers sought to avoid penalties by blaming their TurboTax software for understating...

Taxation

Hybrid Taxation: The Dual Function and Creditability of the U.K. Windfall Tax

Kirsten S. Linder

Starting in the 1970s, the United Kingdom embarked on an extensive plan to privatize a large number of government-owned companies. As part of this process, the U.K. government privatized ownership of public utilities...

Taxation

Don’t Look a Gift Tax Exclusion in the Mouth: How Striving for Present Control Resulted in a “Future Interest” in Fisher v. United States

Laura Stake

Since the enactment of the estate and gift taxes (transfer taxes) in the early twentieth century, estate planners and the government have engaged in an ongoing game of tug of war, a struggle to expand or narrow the scope...

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. 65, No. 2 - Winter 2012

The Tax Lawyer, Winter 2012

Articles

Bar the Exit (Tax)! Section 877A, the Constitutional Prohibition Against Unapportioned Direct Taxes and the Realization Requirement

ESOP Dividends: Arguments for Section 404(k) Dividend Deductions

Now You See It, Now You Don’t: The Comings and Goings of Disregarded Entities

Federal Income Tax Treatment of Hedge Funds, Their Investors, and Their Managers

Comment

The Economics and Politics of Tax Loss Carryforwards in the Great Recession: Why GM Gets a $16 Billion Subsidy

Notes

Tax Court Wrestles with “Geithner Defense” to Accuracy-Related Penalties

Hybrid Taxation: The Dual Function and Creditability of the U.K. Windfall Tax

Don’t Look a Gift Tax Exclusion in the Mouth: How Striving for Present Control Resulted in a “Future Interest” in Fisher v. United States

The Tax Lawyer

Subscribing

American Bar Association TM American Bar Association

Vol. 65, No. 2 - Winter 2012

The Tax Lawyer, Winter 2012

Articles

Bar the Exit (Tax)! Section 877A, the Constitutional Prohibition Against Unapportioned Direct Taxes and the Realization Requirement

ESOP Dividends: Arguments for Section 404(k) Dividend Deductions

Now You See It, Now You Don’t: The Comings and Goings of Disregarded Entities

Federal Income Tax Treatment of Hedge Funds, Their Investors, and Their Managers

Comment

The Economics and Politics of Tax Loss Carryforwards in the Great Recession: Why GM Gets a $16 Billion Subsidy

Notes

Tax Court Wrestles with “Geithner Defense” to Accuracy-Related Penalties

Hybrid Taxation: The Dual Function and Creditability of the U.K. Windfall Tax

Don’t Look a Gift Tax Exclusion in the Mouth: How Striving for Present Control Resulted in a “Future Interest” in Fisher v. United States

The Tax Lawyer

Subscribing