Law Commons^™

What Corporate Tax Shelters Can Teach Us About The Structure Of Subchapter C, Glenn E. Coven

Faculty Publications

Coven argues that the rules extending nonrecognition treatment to the incorporation of property never have been properly integrated with the double taxation of corporations. As a result, the duplicate burden or benefit is applied retroactively. That defect, Coven believes, has been long overlooked, but now that it has been exploited by one popular version of the loss replicating corporate tax shelter, it must be addressed. The remedy applied by Congress to the tax shelter in section 358(h) is insufficient, does not operate correctly and undermines the integrity of the code, he says.

This article proposes a more comprehensive solution that …

Basis Shifting - A Radical Approach To An Intractable Problem, Glenn E. Coven

Faculty Publications

Coven asserts that one of the lingering ambiguities in subchapter C is how an appropriate tax benefit can be obtained from the tax basis that "disappears" when a shareholder's interest is completely redeemed but the transaction is treated as a dividend because stock held by others is attributed to the former shareholder. He believes that Treasury was content to rely on manifestly inadequate regulations to resolve that issue until taxpayers discovered how to convert those regulations into a potent tax shelter. The amendment to those regulations, proposed in 2002, however, was fatally flawed, according to Coven.

In this article, Coven …

A Populist Political Perspective Of The Business Tax Entities Universe: Hey The Stars Might Lie, But The Numbers Never Do, John W. Lee

Faculty Publications

No abstract provided.

Redefining Debt: Of Indianapolis Power And Fictitious Interest, Glenn E. Coven

Faculty Publications

No abstract provided.

Tax Shelter Limitations, Thomas R. Frantz

William & Mary Annual Tax Conference

No abstract provided.

Handling Tax Shelter Disputes And Litigation With The Irs, Mortimer Caplin

William & Mary Annual Tax Conference

No abstract provided.

Tax Shelters: The New Compliance Environment, D. French Slaughter Iii

William & Mary Annual Tax Conference

No abstract provided.

Real Estate Tax Shelters - Historical Structures, Rehabilitated Structures, Low-Income Rental Housing, Condominium Or Cooperative Housing Conversion Tax Problems And Acrs Issues, Thomas R. Frantz

William & Mary Annual Tax Conference

No abstract provided.

Non-Real Estate Tax Shelters, Robert J. Hipple

William & Mary Annual Tax Conference

No abstract provided.

A Practical Approach To The Subsidized Housing Tax Shelter, Carter C. Chinnis

William & Mary Annual Tax Conference

No abstract provided.

Attacking Shelters Through The Mini-Maxi Tax: A Sketchbook Of Tax Preference Concepts, Patricia Ann Metzer

William & Mary Annual Tax Conference

No abstract provided.

Secs. 465 And 714(D): Invest At Your Own Risk, John W. Lee, Richard E. Fogg

Faculty Publications

No abstract provided.

Tax Shelter Reform, Richard M. Leder

William & Mary Annual Tax Conference

No abstract provided.

Hobby Farming, Recreational Property And Yachts As Tax Shelters, Peter B. Sang

William & Mary Annual Tax Conference

No abstract provided.

The "Limitation On Artificial Losses" And Its Impact On Film And Real Estate Tax Shelters, Robert Feinschreiber

William & Mary Annual Tax Conference

No abstract provided.

Other Investments, Forrest W. Brown Jr.

William & Mary Annual Tax Conference

No abstract provided.