Vol. 69, No. 2 - Winter 2016

In Memoriam: Kenneth W. Gideon

Armando Gomez and Pamela F. Olson

Ken Gideon, who chaired the Section of Taxation in 2004–2005, died suddenly on January 10, 2016. He was an extraordinary tax lawyer who achieved important precedent-setting victories for clients throughout his career...

Taxation

Comments on Regulations Enabling Elections for Certain Transactions Under Section 336(e)

ABA Section of Taxation

The Comments address the regulations that enable the election under section 336(e) for certain sales and distributions of stock. Proposed regulations on this subject were issued on August 25, 2008. ...

Taxation

Comments on the Definition of Political Subdivision for Tax-Exempt Bonds and Other Tax-Advantaged Bonds

ABA Section of Taxation

The phrase “political subdivision” appears in over 131 sections of the Internal Revenue Code and the only definition in the regulations is set forth in Regulation section 1.103‑1. ...

Taxation

Rethinking Taxation of Privately Held Businesses

Martin J. McMahon, Jr.

This Article proposes the repeal of current Subchapters K and S, as well as the removal from the ambit of Subchapter C of all privately held corporations and the replacement of the current tax regime...

Taxation

Does 3.8% Change Anything? The Intersection of the Net Investment Income Tax and Fiduciary Income Tax

Christopher Floss

The Net Investment Income Tax continues to impact taxpayers who fall within its income parameters. Due to the compressed structure of the fiduciary-income tax brackets...

Taxation

The Supreme Court’s Deference to Tax Administrative Interpretation

Jasper L. Cummings, Jr.

Most tax lawyers have ignored the subject of Chevron deference to regulations because it simply is not relevant to daily practice, unless and until they have a client that is willing and able to contest...

An Unhappy Union: Married Taxpayers Filing Separately and the Affordable Care Act’s Premium Tax Credit

David S. Mitchell

It has long been disadvantageous for married taxpayers to file separate, rather than joint, income tax returns. Not only do married couples who file separately not have access to the lower rates provided to single filers...