Vol. 72, No. 1 - Fall 2018

Recommendations for the 2018-2019 Department of the Treasury and Internal Revenue Service Priority Guidance Plan Related to the Act

ABA Section of Taxation

The American Bar Association Section of Taxation welcomes the opportunity to provide recommendations for inclusion in the 2018-2019 Priority Guidance Plan. ...

Second Set of Recommendations for the 2018-2019 Department of the Treasury and Internal Revenue Service Priority Guidance Plan

ABA Section of Taxation

The American Bar Association Section of Taxation welcomes the opportunity to provide a second set of recommendations for inclusion in the 2018-2019 Priority Guidance Plan. ...

Comments on the Tax Treatment of Hard Forks

ABA Section of Taxation

In 2014 the Internal Revenue Service issued Notice 2014-21, addressing the federal income tax treatment of “virtual currencies.” ...

Comments on Sections 864(c)(8) and 1446(f) As Added to the Internal Revenue Code of 1986 by P.L. 115-97 on December 22, 2018

ABA Section of Taxation

These Comments address the need for published guidance regarding sections 864(c)(8) and 1446(f) of the Code. ...

Comments on the 2014 Offshore Voluntary Disclosure Program and the Streamlined Procedures

ABA Section of Taxation

These Comments are presented in connection with the effort by the Department of the Treasury and Internal Revenue Service to collect information on the paperwork and other burdens facing U.S. taxpayers...

Comments on Notice 2017-73, Request for Comments on Application of Excise Taxes with Respect to Donor Advised Funds in Certain Situations

ABA Section of Taxation

On December 4, 2017, the Department of the Treasury and the Internal Revenue Service issued Notice 2017-73 which requested comments on approaches being considered...

Comments Concerning H.R. 5444 “Taxpayer First Act”

ABA Section of Taxation

The following Comments are submitted in response to H.R. 5444, which was reported out of the House Ways and Means Committee on Wednesday, April 11, 2017, and passed by the full House on April 18, 2018. ...

Memorandum of Agreement dated April 11, 2018, and Review of Tax Regulations Under Executive Order 12866

ABA Section of Taxation

Tax regulations are needed for the interpretation and application of our tax laws, and consequently the process of issuing regulatory guidance is of great importance. ...

Taxation

Section 355 Revisited: Time for a Major Overhaul?

By Herbert N. Beller

Section 355 of the Code permits a corporation that conducts multiple active businesses to distribute controlling stock ownership interests in one or more of such businesses...

Taxation

More of the “Same”: Section 6621(d) in the Federal Circuit

By David Berke

Section 6621(d), which allows “interest netting” for corporate taxpayers, has generated tax controversies involving many millions of dollars—all over just two words. ...

Taxation

Section 4960: Unpleasant Surprises and Unanswered Questions for Tax-Exempt Entities with 457 Plans

By Brian Gallagher

In the final days of 2017, Congress passed the Tax Cuts and Jobs Act, which was heralded by many as a sweeping overhaul of enormous portions of the Code. ...

Taxation

OECD BEPS (In)Action 1: Factor Presence as a Solution to Tax Issues of the Digital Economy

By Monica Gianni

The Organisation for Economic Cooperation and Development (OECD) launched its project to address base erosion and profit shifting (BEPS) in 2013 with an Action Plan of 15 Actions. ...

Taxation

The Section 871(m) Qualified Index Rules

By Jeffrey D. Hochberg

In 2015, I co-authored an article entitled The Tax Treatment of Indices in the Modern Financial Marketplace. The article addressed the tax treatment of indices in many different contexts...

Taxation

A Model of Complexity and Uncertainty: Redemptions of Partnership Interests

By Michelle M. Jewett

The tax treatment of redemptions of partnership interests is extremely complex and uncertain. The uncertainty in this area of Subchapter K provides considerable flexibility to taxpayers...