Taxing Structured Settlements
Congress has granted a tax subsidy to physically injured tort plaintiffs who enter into structured settlements. The subsidy allows these plaintiffs to exempt from the tax the investment yield imbedded...
View ArticleJudicial Activism is Not the Solution to the Attorney's Fee Problem
The report responds to criticism of the Tax Court's decision in Biehl v. Commissioner, in which the court determined that contingency fees paid to the taxpayer's attorney in employment litigation did...
View ArticleExamining the Tax Advantage of Founders' Stock
Recent commentary has described founders' stock as tax-advantaged because it converts founders' compensation income into capital gains. In this paper we describe various founders' stock strategies...
View ArticleQuestioning the Wisdom of Patent Protection for Tax Planning
The topic of federal patent protection for tax planning strategies has received considerable recent attention, much of it from a tax bar whose overall incredulity concerning the patentability of tax...
View ArticleOn Discounted Partnership Interests and Adequate Consideration
Early cases involving the government's invocation of section 2036(a) to combat the use of family limited partnerships to intentionally suppress the value of a decedent's gross estate focused on...
View ArticleThe Supreme Court's Casual Use of the Assignment of Income Doctrine
In early 2005, the U.S. Supreme Court answered a question that had been plaguing courts for years: whether plaintiffs should be taxed on the portion of contingent fee awards paid to their attorneys....
View ArticleRevisiting Byrum
In the landmark case of United States v. Byrum, the Supreme Court determined that a majority shareholder's retention of voting rights over stock transferred in trust did not cause the stock to be...
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