| | |
Employment and Labor
Worker Classification: IRS Launches Questionable Employment Tax Practice Initiative, by
Kathryn Keneally.
Under pressure from Congress, the IRS has been aggressively attempting to reduce the tax gap – the annual shortfall between taxes owed and taxes paid. By treating workers as independent contractors, some employers attempt to avoid paying unemployment insurance, workers’ compensation, Social Security taxes and the cost of withholding income taxes. Compliance increases significantly for payments that a third party reports to the IRS.
Non-Specific.
5 pages. Written:
2008. Added:
11-14-2008.
Journal of Tax Practice & Procedure
|
|
Tax
Bailout Bill Includes Numerous Tax Provisions, by
Fulcrum Inquiry.
The $700 billion Wall Street bailout portion of The Emergency Economic Stabilization Act of 2008 is appropriately receiving great media attention. The law states that, "No penalty shall be imposed under this subsection if it is shown that there is reasonable cause for the understatement and the tax return preparer acted in good faith." This article gives a summary of some of the more important tax changes.
Non-Specific.
1 pages. Written:
2008. Added:
10-22-2008.
hg.org
|
|
Employment and Labor
Worker Classification: IRS Launches Questionable Employment Tax Practice Initiative, by
Kathryn Keneally .
Under pressure from Congress, the IRS has been aggressively attempting to reduce the tax gap – the annual shortfall between taxes owed and taxes paid. The IRS has been receiving leads on cases in which workers may have been misclassified, with 19,000 requests since 2004 to make a determination on whether a worker is an employee or an independent contractor (“SS-8” inquiries). By treating workers as independent contractors, some employers attempt to avoid paying unemployment insurance, workers’ compensation, Social Security taxes and the cost of withholding income taxes.
Non-Specific.
5 pages. Written:
2008. Added:
7-04-2008.
Journal of Tax Practice & Procedure
|
|
Tax
Selected M&A Tax Topics, by
George R. Goodman.
Covers topics like:
Restructuring after Tax-Free Acquisitions
Form and Substance
Illinois Franchise Tax Base
Non-Specific.
18 pages. Written:
2008. Added:
7-03-2008.
Foley & Lardner LLP
|
|
Insurance
Internal Revenue Code Section 409A: Ten Traps for the Unwary, by
Daniel L. Hogans and Michael J. Collins.
This article highlights ten key items that should be considered in drafting or amending plans and other agreements in light of the complex rules under tax code Section 409A that apply to most nonqualified deferred compensation arrangements. The authors divide these
‘‘traps for the unwary’’ into two broad categories: problems that arise in distinguishing what is and what is not deferred compensation subject to Section 409A and problems that arise in documenting compliance with Section 409A.
Non-Specific.
6 pages. Written:
2008. Added:
5-07-2008.
The Bureau of National Affairs, Inc.
|
|
Tax
Morgan Lewis Webcast: IRS Ruling Threatens Compensation Deductions for Public Companies, by
Dan Hogans, Lou Joseph & Mims Maynard Zabriskie.
Section 162(m) limits compensation deductions for
“covered employees” at public companies
• Pursuant to IRS Notice 2007-49, this currently means
the principal executive officer and up to three other
officers reported under the Securities Exchange Act of
1934 by reason of being among the three most highly
compensated officers of the company
Non-Specific.
16 pages. Written:
2008. Added:
5-06-2008.
Morgan Lewis
|
|
e-Discovery
In Search of Better E-Discovery Methods, by
H. Christopher Boehning and Daniel J. Toal.
As the burdens of e-discovery continue to mount, the search for a technological solution has only intensified. Litigants most commonly search repositories of electronic data for documents containing any number of defined search terms (keyword searches) or search terms appearing in a specified relation to one another (Boolean searches). Article discusses costs and benefits of new approaches: concept searching, clustering,taxonomies and ontologies and bayesian classifiers.
Non-Specific.
5 pages. Written:
2008. Added:
5-01-2008.
New York Law Journal
|
|
Employment and Labor
A Legal Minefield, by
Richard Barratt.
Tips on legal issues involved in outsourcing, including employment issues, tax, intellectual property and contracting issues.
Non-Specific.
3 pages. Written:
2007. Added:
4-04-2008.
Venture Magazine
|
|
Tax
Circular 230 and Tax Shelters in 2007, by
Linda Z. Swartz and Jean Marie Bertrand.
Article gives an overview of:
· Disclosure requirements for participants in
“reportable transactions.”
· List-maintenance requirements for “material
advisors” with respect to reportable transactions.
· Disclosure requirements for “material advisors” with respect to transactions.
Federal.
70 pages. Written:
2007. Added:
4-04-2008.
|
|
Tax
Partnership Bankruptcy Tax Issues, by
Linda Z. Swartz.
The first part of this outline summarizes the state of the law with respect to general
tax issues that typically arise in connection with partner and partnership bankruptcies and restructurings. The balance of the
outline discusses tax issues that arise under Subchapter K when troubled partnerships are reorganized.
Federal.
94 pages. Written:
2007. Added:
4-04-2008.
|
|
Tax
Possible Tax Hits for Executives: Implications of Updated IRS Section 409A, by
Corinne Tyler.
This article goes on to detail the basic premises of the rules, the affects on compensatory arrangements and how to comply with the updated regulations.
Non-Specific.
2 pages. Written:
2007. Added:
4-02-2008.
|
|
Computer Forensics
Taxonomy of Anti-Computer Forensics Threats, by
Joseph C. Sremack & Alexandre V. Antonov.
Anti-forensics is a growing issue with potentially catastrophic consequences for investigators. If anti-forensics succeeds, evidence is subject to a Daubert challenge. Exploiting case law itself can be an anti-forensics technique.
Non-Specific.
17 pages. Written:
2007. Added:
3-08-2008.
|
|
Tax
Taxing the Internet: Analyzing the States’ Plan to Derive Online Sales Revenue, by
Eric Menhart of CyberLaw, PC.
Eric Menhart discusses states’ efforts to collect taxes on Internet transactions and suggests how they may achieve their goal.
Federal.
13 pages. Written:
2007. Added:
8-17-2007.
|
|
Criminal
White Collar Crime: Tax Crimes: More Aggressive Government Policies and Practices, by
Kathryn Keneally.
Thus to convict a defendant under these statutes, the government must prove that the defendant acted "willfully" which the Supreme Court has consistently held to require "the Government to prove that the law imposed a duty on the defendant, that the defendant knew of this duty, and that he voluntarily and intentionally violated that duty."
Non-Specific.
3 pages. Written:
2006. Added:
4-29-2007.
|
|
Energy
Oil and Gas Documents Affecting Title, by
H. Martin Gibson.
Article discusses case law addressing contract elements, statute of frauds, UCC issues, leases, division orders, assignments, reservations, implicit grants, letters of intent, joint ventures, hedging, operating agreements, royalties, liability, farmouts, tax implications, production payments, support letters and secret liens.
Non-Specific.
96 pages. Written:
2005. Added:
4-26-2007.
|
|
Energy
Advanced Oil and Gas Course: 2005 Case Update, by
H. Martin Gibson.
Case law update includes pruchase obligations, burdens on overriding royalties, statute of limitations, waste, royalty payments, restoration of surface, subsurface damages, abandoned pipelines, pooled royalties, ad valorum taxes, tresspass, and joint operating agreements.
Non-Specific.
51 pages. Written:
2006. Added:
4-26-2007.
|
|
Health Care
New Law Curbs Hospital Charges, Collection Actions, by
Francis J. Serbaroli.
This & other cases brought to light, in the
Journal articles & elsewhere, triggered
congressional & legislative hearings. The Internal Revenue Service (IRS) also expanded its review of whether not-for-profit hospitals were earning their tax-exempt status. The prices charged by hospitals vary greatly from facility to facility & from payor to payor
Non-Specific.
3 pages. Written:
2006. Added:
4-18-2007.
|
|
Marital and Family
Duress Diverts Dual Tax Liability for Joint Returns, by
Melvyn B. Frumkes.
If a joint tax return1 is filed by or on behalf of a husband and a wife, they are jointly and severally liable for the full tax liability. Furthermore such liability extends to the taxpayer with respect to a joint return even where that spouse failed to sign it, provided that it was intended to be a joint return.
Non-Specific.
16 pages. Written:
2005. Added:
3-21-2007.
|
|
Franchise and Distribution
State Income Tax Uncertainty Plagues Franchisors, by
Michael J. Wynne and Rochelle Spandorf.
For franchisors, extending Geoffrey’s
nexus approach to third-party licenses
has enormous implications, because
every franchise includes a trademark
license. In states adopting Geoffrey’s
nexus standard, franchisors might owe
income taxes on franchise fees paid by
in-state franchisees.
Non-Specific.
2 pages. Written:
2006. Added:
3-20-2007.
|
|
Franchise and Distribution
Holdover Franchisees, by
Thomas J. Oppold.
Nexus cases involving intellectual
property licenses have traditionally
focused on perceived tax avoidance by
affiliated licensors and licensees. But
states are awakening to Geoffrey’s
potential application to arm’s-length
licensing transactions between unrelated
third parties in which tax avoidance is
not an issue.
Non-Specific.
8 pages. Written:
2006. Added:
3-20-2007.
|
|
Franchise and Distribution
State Income Tax Uncertainty Plagues Franchisors, by
Michael J. Wynne and Rochelle Spandorf.
Nexus cases involving intellectual
property licenses have traditionally
focused on perceived tax avoidance by
affiliated licensors and licensees. But
states are awakening to Geoffrey’s
potential application to arm’s-length
licensing transactions between unrelated
third parties in which tax avoidance is
not an issue.
Non-Specific.
8 pages. Written:
2006. Added:
3-20-2007.
|
|
Probate, Trusts and Estates
An Introduction to Trusts and Estates, by
Marc S. Bekerman, Terrence M. Franklin, Thomas M. Featherston, Jr., John J. Reddy, Jr..
Analyzing and Drafting for Non-Dispositive Issues.
Quality of life issues – Use a living will.
Property management and disability issues – Use a power of attorney.
Non-Tax Issues in Estate Planning.
Non-Specific.
48 pages. Written:
2005. Added:
3-20-2007.
|
|
Probate, Trusts and Estates
Buy-sell agreement fails test: A case in point, by
Wright Griffin Davis & Co..
In Estate of Blount, the 11th Circuit Court
of Appeals affirmed the Tax Court’s ruling
that a buy-sell agreement should be disregarded in valuing a closely held business for estate tax purposes. But the appellate court reversed the Tax Court’s
finding that $3.1 million in life insurance proceeds were includible in company’s fair market value.
Non-Specific.
8 pages. Written:
2006. Added:
3-20-2007.
|
|
Legal Malpractice
Legal Malpractice in LLC Formations, by
John M. Cunningham.
Lawyers who are unfamiliar with the differences between limited liability companies and other forms of organizations may unknowingly commit serious tax or legal blunders.
Non-Specific U.S. State.
13 pages. Written:
2005. Added:
3-18-2007.
|
|
Tax
Global Tax-Free Deals: Mergers, Acquisitions And Spins At Home And Abroad, by
Linda Z. Swartz.
The first four sections of this article discuss the tax consequences of domestic and cross-border tax-free acquisitions and spin-offs. The balance of the article applies these rules to the types of intra-group transactions that multinational groups typically employ before and after acquisitions and dispositions.
Federal.
321 pages. Written:
2006. Added:
3-13-2007.
|
|
Tax
Partnership Bankruptcy Tax Issues, by
Linda Z. Swartz, Cadwalader.
Bankruptcies and restructurings involving partners & partnerships raise a number of unique tax issues. While the IRS has provided guidance with respect to a number of these issues, a surprising number of unresolved issues remain. The balance of the outline discusses tax issues that arise under Subchapter K when troubled partnerships are reorganized
Federal.
94 pages. Written:
2007. Added:
3-13-2007.
|
|
Tax
Compensatory Partnership Interests Under The 2005 Proposed Regulations, by
Linda Z. Swartz - Cadwalader, Wickersham & Taft LLP.
On May 24, 2005, the Treasury Department published proposed treasury regulations a revenue procedure governing the issuance and vesting of capital and profits partnership interests issued in connection with the performance of services. This articles discusses thes proposals.
Federal.
53 pages. Written:
2006. Added:
3-13-2007.
|
|
Antitrust
A Field Guide to Antitrust Issues in Standatd Setting and Patent Pooling, by
Willard K.Tom, Morgan, Lewis & Bockius, LLP.
This article is both a taxonomic guide to the familiar
varieties of issues and a report from the field on some of the latest developments.
Federal.
18 pages. Written:
2005. Added:
3-09-2007.
|
|
Tax
Tax Litigation Best Practices, The Benefits of Seamless Representation, by
Maureen A. McGinnity, Foley & Lardner LLP.
Tax litigation begins well before a case goes to court. It’s vital for a tax litigation specialist to identify the client’s objectives at the audit stage, then coordinate audit strategy with litigation strategy for the best possible case.
Federal.
17 pages. Written:
2006. Added:
3-09-2007.
|
|