Tax Law Commons^™

Traveling Expenses To Temporary Job Sites Kohr V. United States Walraven V. Commissioner, John Ney

Akron Tax Journal

The issue addressed in this update is the current status of the deductibility of traveling expenses to temporary job sites. The analysis is a comparison of two recent cases: Kohr v. United States I and Walraven v. Commissioner.' Kohr involves the granting of a summary judgment in favor of the taxpayer from the District Court. In Walraven, the Eighth Circuit affirmed a Tax Court ruling in favor of the Commissioner of Internal Revenue. Both cases involve construction workers who maintained residences that were considerable distances from their employment. Both were employed at a nuclear power plant construction project, and both …

Constructive Receipt Of Income Baxter V. Commissioner, Adam M. Ekonomon

Akron Tax Journal

In Baxter v. Commissioner, the court decided whether taxpayer Baxter had constructively received $13,095 of commissions he had earned in 1978. Baxter, a cash basis taxpayer, received a check in the mail for these commissions in early 1979. The check was dated December 30, 1978. Treasury Regulation Section 1.451-2(a) controls and provides, in part, that a taxpayer constructively receives income when it is otherwise made available to draw upon at any time, even though it is not reduced to the taxpayer's possession. However, there is no constructive receipt if "taxpayer's control of its receipt is subject to substantial limitations or …

26 U.S.C. 501(C)(9) Tax Exempt Status Of Voluntary Employees' Benefit Associations, Tony Paxton

Akron Tax Journal

This article discusses Canton Police Benevolent Association v. United States and it's implications related to 26 U.S.C. 501(c)(9).

When Is A Judge Not An Employee? Porter V. Commissioner, Robert Iafelice

Akron Tax Journal

In Porter v. Commissioner,' the United States Tax Court held that Article III judges are not employees, as the term is used in § 219(b)(2)(A)(iv), and therefore they are not qualified participants in plans established for its employees by the United States. The deduction made by the petitioner 2 for an Individual Retirement Account (IRA) was therefore allowed. The deduction was disallowed by the respondent because the respondent determined that the petitioner was an active participant of a plan established for its employees by the United States.

Unitary Theory Of Stock Ownership Fink V. Commissioner, Janis Stamm

Akron Tax Journal

In Commissioner v. Fink,' the Supreme Court held that a dominant shareholder who voluntarily surrenders a portion of his shares to the corporation, while retaining control, does not sustain an immediate loss deductible for income tax purposes. Such a surrender of stock must be treated as a contribution to capital, the basis of the surrendered shares being reallocated to the remaining shares held and loss or gain recognized only when the shareholder disposes of the remaining shares.

Determining Status As An Employee Rev. Ruling 87-41, Sharon L. Simmons

Akron Tax Journal

The Internal Revenue Service recently provided guidance for determining whether a technical service specialist is a common law employee, as opposed to an independent contractor, through Revenue Ruling 87-41. The ruling provides guidance for purposes of the Social Security taxes (FICA contributions), federal unemployment taxes assessed under the Federal Unemployment Tax Act (FUTA), and income tax withholding by employers. Further, the ruling is important as it also provides guidance for employers in determining an individual's status in relation to qualified retirement or health plans.

Cadillacs, Gold Watches, And The Tax Reform Act Of 1986: The Continuing Evolution Of The Tax Treatment Of Gifts To Employees, Mark W. Cochran

Akron Tax Journal

The purpose of this article is to explore the historical background underlying the changes in the Tax Reform Act of 1986, to explain the changes, and to assess their meaning and significance?

A Proposal For Restructuring The Taxation Of Wealth Transfers: Tax Reform Redux?, Edward J. Gac, Sharen K. Brougham

Akron Tax Journal

The Tax Reform Act of 1986 (TRA'86) provided for the most dramatic changes to the Internal Revenue Code since its inception over seventy years ago. The stated purposes of these reforms were to promote "fairness, simplicity, and economic growth." The short-term success of these measures has yet to be ascertained.

It is the position of this article that the long-term prospects for ultimate individual tax reform cannot be divorced from an eventual restructuring of the present federal wealth transfer taxation system, currently consisting of the estate, gift, and generation-skipping taxes. Genuine tax reform will remain unfinished business until such time …

Testimony United States Senate Committee On Finance Subcommittee Penalties March 14, 1988, Nicholas J. Creme, James W. Childs

Akron Tax Journal

This is a transcript of testimony delivered on March 14, 1988 by James Childs to the United States Senate Committee on Finance, Subcommittee on Penalties.

The Repeal Of General Utilities For Corporate Liquidations - The Consequences Of Incomplete And Unexpected Tax Reform, Louis F. Lobenhofer

Akron Tax Journal

This article will first discuss the history of the General Utilities doctrine and its gradual demise. Second, it will summarize the provision, noting both relief provisions and provisions designed to prevent tax avoidance under the new rules. Finally, this article will compare the effects of legislation to the justifications that prompted its enactment and discuss its side-effects.

The New Tax Law: The Future Of Private Enterprise And Entrepreneurship, Alan Greenspan

Akron Tax Journal

This is an excerpt from a speech by Alan Greenspan related to the future of private enterprise and entrepreneurship. Greenspan talks about the 1987 tax law passed by Congress, and this history of tax law in the United States leading up to this point.

Tax Sheltering Of Income: Passive Losses Under The Tax Reform Act Of 1986, Nina J. Crimm, Ryan R. Brenneman

Akron Tax Journal

It is abundantly clear to those in the press and on Capitol Hill that the provisions of the new Tax Reform Act of 19862 will constitute the death knell for tax shelters. The text of the Congressional Record and pages of business, financial journals and newspapers for months prior to the Act's enactment were filled with commentary as to this doomsday effect. However, a prudent reviewer of the actual tax-sheltering provisions of the Act would be far less certain in his estimation of their overall and lasting effect. Even though the so called elimination of tax shelters has been hailed …

A Perspective On Participant Loan Provisions In Qualified Retirement Plans After The 1986 Tax Act, Richard J. Kovach

Akron Tax Journal

The Tax Reform Act of 1986' is the fourth major tax enactment in four years to have a significant impact on qualified deferred compensation plans. Like the Tax Equity and Fiscal Responsibility Act of 1982,2 this most recent tax legislation substantially affects the use of participant loan provisions in qualified plans. The purpose of this article is to analyze the cumulative technical difficulties that retirement plan designers and administrators should now consider in reviewing the feasibility and operation of participant loan provisions.

The Impact Of The Tax Reform Act Of 1986 On Personal Investments, David D. Green

Akron Tax Journal

The Tax Reform Act of 1986 (Act)' represents the culmination of a lengthy process to make the Internal Revenue Code (Code) both simple and fair. Although that goal has been achieved for a vast number of lower-income taxpayers, the resulting Code is anything but simple for investors in real estate and other tax-advantaged investments. The removal of various tax subsidies is causing both investors and tax planners to rethink long-standing investment strategies.

This article focuses on the effect of the changes made by the Act to personal investments, including the loss of the capital gain deduction, the introduction of limitations …

Federal Income Tax Developments: 1986, Merlin G. Briner, James W. Childs

Akron Tax Journal

This article surveys the 1986 federal income tax developments including relevant Supreme Court cases, income, deductions, corporate, partnership and trust taxation, as well as miscellaneous items.

The Tax Reform Act Of 1986: Simplicity, Equity, And Efficiency, Douglas Holtz-Eakin

Akron Tax Journal

The Tax Reform Act of 1986 (TRA86) has added another chapter to the already crowded tax history of the 1980's. Since the election of Ronald Reagan in 1980, the nation has seen several major tax changes: The Economic Recovery Tax Act in 1981, The Tax Equity and Fiscal Responsibility Act in 1982, and TRA86. With tax reform now well down on the list of legislative priorities (at least until next year!) it seems a propitious time for a general assessment of the structure of the federal tax system.

This paper reviews TRA86 with an eye toward these issues. The order …

Federal Income Tax Developments: 1985, Merlin G. Briner, James W. Childs

Akron Tax Journal

This article discusses the federal income tax developments of 1985, including relevant Supreme Court cases, deductions, legislative and treasury regulations, and income recognition and related topics.

Fiduciary Income Taxation And The Holloway Adjustment, Dennis E. Bires

Akron Tax Journal

A great deal of the complexity of the rules dealing with income taxation of trusts and estates' can be attributed to the imperfect compatibility of two different regimes of law: the federal taxation of income and local rules of trust accounting. Just as the confluence of two rivers may generate turbulence exceeding that of either branch, the meeting of federal tax law and state trust law in Subchapter J of the Internal Revenue Code generates problems that neither discipline would present by itself.

In 1972, a New York Surrogate's Court introduced the Holloway adjustment to fiduciary accounting. This equitable adjustment …

Commentary: Does The United States Need An Alternative Tax Base?, James W. Childs

Akron Tax Journal

This article looks at the alternative tax systems of France, Italy, Greece, Switzerland, and Yugoslavia and compares that to the system in the United States. It uses this comparison to discuss whether an alternative tax base is necessary in the United States.

Federal Income Tax Developments: 1983, Merlin G. Briner, Richard J. Kovach

Akron Tax Journal

This article surveys substantive federal income tax developments in 1983, including relevant Supreme Court cases, deductions, legislative and treasury regulations, and income recognition and related topics.

Report On Tax Aspects Of Farmers In Bankruptcy, Ralph T. Turner

Akron Tax Journal

This article will deal only with the individual taxpayer who utilizes the bankruptcy court and not with the tax treatment of corporations and partnerships in bankruptcy. There are special rules for the tax treatment of these entities. This article will review the general principles of tax treatment of an individual whose indebtedness was discharged in bankruptcy under the prior law and under the Bankruptcy Tax Act of 1980. After this general review and comments on their application to farmers, a hypothetical fact situation will be reviewed and the handling of the tax returns for the individual and the bankruptcy estate …

Subchapter S As A Vehicle In Real Estate And Oil & Gas, Lorence L. Bravenec

Akron Tax Journal

This article discusses several significant problem areas faced in real estate and oil & gas activities under the new rules for S corporations enacted by the Subchapter S Revision Act of 1982 (hereinafter the "1982 Act"),' as modified by the Tax Reform Act of 1984 (hereinafter the "1984 Act"). The 1982 Act brought the taxation of S corporations and shareholders more in line with the partnership model, thus making the law conform more to the expectations of the parties. At the same time, the 1982 Act removed many of the serious pitfalls and the sought after planning devices under the …

Proceedings From The 1984 Tax Institute Symposium: Cash Or Deferred Arrangements Under I.R.C. Section 401(K), John H. Appel

Akron Tax Journal

This article examines the reasons why an employer might consider a cash or deferred profit sharing or stock bonus plan. It looks at the rules for a cash or deferred arrangement (CODA) under Section 401(k) of the Internal Revenue Code. It covers the four primary requirements under the I.R.C., and then fifth, and biggest requirement, nondiscrimination.

Proceedings From The 1984 Tax Institute Symposium: Partnerships: Special Allocations Under The New Regulations, The Proposed Regulations Or Whatever, John C. Siegesmund

Akron Tax Journal

This article discusses Section 704 of the Internal Revenue Code and the 1984 proposed regulations related to the section. It looks at the major test of the regulations, that an allocation will be approved if it has substantial economic effect. It examines the two parts of this - that the allocation has to have an economic effect, and that the economic effect has to be substantial.

Assisting Dislocated Workers: Dimensions, Needs And Tax Policy Options, Lewis D. Solomon, Janet S. Solomon, Brian M. Malsberger

Akron Tax Journal

The involvement of the federal government in retraining of dislocated workers raises the specter of rigidity, bureaucracy, paternalism, and cost. After examining the dimensions of the dislocated worker problem and the need for governmental involvement, this article examines the use of tax policy to enable workers to bridge the gap between old and new jobs and to thrive in an economy in transition. The policy making challenge can be succinctly stated: is it possible to use the federal income tax system to the advantage of society by creating tax incentives for a retraining program based on individual choice and limited …

Over The Back Fence: Tax Shelters And Other Sales Of Federal Income Tax Reductions, Thomas A. Robinson

Akron Tax Journal

Structural features of the federal income tax system frequently make the same tax reduction' more valuable to one taxpayer than to another. There are many types of such tax reductions (including deductions and credits), creating a fertile environment for the tax shelter markets. Black letter law says tax reductions are nontransferable. In other words, taxpayers are not allowed to sell their mortgage interest deductions over the back fence to their neighbors. Yet, observation reveals some transactions where tax reductions are in effect bought and sold. This article will examine four of these transactions: business sales, divorce agreements, sale-leasebacks, and partnership …

Selling A Business And Starting Anew: Liquidation-Reincorporation In The Simple Situation, John R. Dorocak

Akron Tax Journal

A client approaches his attorney with a fairly common problem. The client, as sole or predominant shareholder, operates a business in the corporate form. He wishes to sell all the assets of that business to a third party. The client will then take the proceeds of the sale, after distribution to himself as shareholder, and use a part of them to capitalize a new corporation, which will purchase a new business. The question for the attorney is whether this simple transaction will ever call forth the tax doctrine of liquidation-reincorporation. This article will examine the likelihood of the liquidation reincorporation …

Tax Consequences Of Purchases Of Computer Hardware And Software, Robert W. Malone

Akron Tax Journal

The advent of the computer age has resulted in a significant increase in the investment by businesses in computer hardware and software. The term "hardware" refers to the physical equipment which accepts (input), processes, and prints (output) information received by it. The term "software" refers to the instructions (language) used to direct a computer to perform desired tasks and the documentation (discs, tapes, etc.) on which such instructions are recorded.' Examples of types of software include Basic, Fortran, Cobol, and RPG. This article addresses the tax aspects and planning opportunities associated with the purchases of computer hardware and software.

Death Of A Partner: Pre And Post-Mortem Planning, Jerome Hesch

Akron Tax Journal

There are several alternative techniques which can be employed to alleviate the income tax problems associated with the death of a partner. The sophisticated tax advisor will understand, however, that some of the suggested techniques may not be practical for all situations. The purpose of this article is to describe these planning techniques and to guide the tax advisor as to which technique is appropriate for his client.

Proceedings From The 1983 Tax Institute Symposium: Corporate Asset And Corporate Stock Acquisitions, Harvey Frutkin

Akron Tax Journal

This article discusses corporate assets and corporate stock acquisitions. It looks at the choices and decisions that are involved in the purchase and sale of a business, including the purchase and sale of a corporation's stock and the corporation's assets. Those are the choices: the asset deal or the stock deal.