Vol. 72, No. 2 - Winter 2019

Initial Comments Concerning the Aggregation and Disaggregation of Trade or Business Activities for Purposes of Section 199A

ABA Section of Taxation

The Act made substantial changes in the tax rules applicable to the business activities of taxpayers, effective for the current tax year. ...

Comments Concerning the Specialized Service Trade or Business Activities for Purposes of Section 199A

ABA Section of Taxation

These Comments address the need for published guidance with respect to the scope of a specified service trade or business (“SSTB”) within the meaning of section 199A. ...

Comments Concerning the Treatment of Losses and Certain Other Issues Regarding the Section 199A Deduction

ABA Section of Taxation

The Act made substantial changes in the tax rules applicable to the business activities of taxpayers, effective for the current tax year. ...

Taxation

Proposal for a Non-Subsidized, Non-Retirement-Plan, Employee-Owned Investment Vehicle to Replace the ESOP

Sean Anderson and Andrew Morrison Stumpff

Numerous observers, including both authors, have raised questions about employee stock ownership plans (ESOPs), which are a specialized category of retirement plan...

Taxation

The Compulsory Tax Constraint for Foreign Tax Credits Post TCJA & Coca-Cola Co. v. Commissioner

Philip G. Cohen

One condition imposed by the Treasury Regulations for a foreign levy to be creditable is that the tax must be a “compulsory payment pursuant to the authority of a foreign country to levy taxes.” ...

Taxation

Asset Basis in Acquisitive Reorganizations: General Utilities Hangover

David Hasen

The rules that govern the tax basis and, by extension, the holding period of property received by an acquired corporation in an acquisitive reorganization...

Taxation

No Orchard, No Capital Gain

Calvin H. Johnson

As a matter of principle, capital gain is the gain from invested capital or basis. If the taxpayer has no basis in something of value it sells, there is no capital gain. ...

Taxation

In Defense of the PIP Regulations

Walter D. Schwidetzky

The section 704(b) allocation Regulations contain a highly complex safe harbor, the substantial economic effect rules. If an allocation fails to comply with the safe harbor...