Product Description
This digital document is an article from The Tax Adviser, published by American Institute of CPA's on October 1, 1996. The length of the article is 890 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

From the supplier: The Tax Court ruled in P & X Markets that personal injury damages received by a C corporation were not excludible from income despite the fact that the corporation was owned in whole by one individual. The Court found that the IRC section 104(a)(2) exclusion was only available to individuals. The corporation was required to include all settlement funds in the breach of contract, injury to reputation and malicious prosecution suit, after deducting legal fees. Limited liability companies and S corporations would likely be treated the same, but treatment of limited partnerships is uncertain.

Citation Details
Title: Tax Court denies C corporation sec. 104(a)(2) personal injury exclusion.
Author: Peter C. Barton
Publication: The Tax Adviser (Magazine/Journal)
Date: October 1, 1996
Publisher: American Institute of CPA's
Volume: 27Issue: n10Page: 608(2)

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This digital document is an article from The Tax Adviser, published by Thomson Gale on November 1, 2005. The length of the article is 978 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Estate and trust investment advisory fees: 2% limit applies.
Author: Peter C. Barton
Publication: The Tax Adviser (Magazine/Journal)
Date: November 1, 2005
Publisher: Thomson Gale
Volume: 36Issue: 11Page: 662(2)

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This digital document is an article from The Tax Adviser, published by American Institute of CPA's on December 1, 1999. The length of the article is 1081 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Eighth Circuit allows exception to GST tax.(U.S. 8th Circuit Court of Appeals; generation-skipping tax)
Author: Peter C. Barton
Publication: The Tax Adviser (Magazine/Journal)
Date: December 1, 1999
Publisher: American Institute of CPA's
Volume: 30Issue: 12Page: 828

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This digital document is an article from The Tax Adviser, published by American Institute of CPA's on October 1, 1999. The length of the article is 855 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Cash payments to former spouse not alimony.
Author: Peter C. Barton
Publication: The Tax Adviser (Magazine/Journal)
Date: October 1, 1999
Publisher: American Institute of CPA's
Volume: 30Issue: 10Page: 705

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This digital document is an article from The Tax Adviser, published by American Institute of CPA's on May 1, 1995. The length of the article is 1407 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

From the supplier: The Tax Court ruled in Hitchins that an S corporation must be directly and solely obligated on a debt to a shareholder for the shareholder to be able to take deductions based on basis in S corporation obligations. IRC section 1366 limits deductions to the shareholder's basis in the S corporation stock plus basis in indebtedness of the S corporation to the shareholder. In Hitchins, the taxpayer loaned funds to an entity that existed before the S corporation, and the obligation to the taxpayer was subsequently transferred to the S corporation. The Tax Court found this indebtedness was not sufficiently direct.

Citation Details
Title: Tax Court restricts S corporation shareholder's basis for loss deductions.
Author: Peter C. Barton
Publication: The Tax Adviser (Magazine/Journal)
Date: May 1, 1995
Publisher: American Institute of CPA's
Volume: 26Issue: n5Page: 268(2)

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This digital document is an article from The Tax Adviser, published by American Institute of CPA's on March 1, 1993. The length of the article is 965 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

From the supplier: The US Supreme Court decided that back pay awards from sex discrimination lawsuits under Title VII decided prior to Nov 21, 1991 are taxable but gave the impression that the same money from a case decided later would not be. The difference stems from changes made in Title VII by the Civil Rights Act of 1991 to allow compensatory damages in addition to back pay. IRC 104(a)(2) excludes compensatory damages from taxation but not back pay.

Citation Details
Title: Supreme Court decides back pay taxability.
Author: Peter C. Barton
Publication: The Tax Adviser (Magazine/Journal)
Date: March 1, 1993
Publisher: American Institute of CPA's
Volume: 24Issue: n3Page: 172(2)

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This digital document is an article from The Tax Adviser, published by American Institute of CPA's on May 1, 1992. The length of the article is 642 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

From the supplier: Future tax rates influence the amount of damages awarded in tax accountant malpractice suits. In Oddi v Ayco Corp, the US Court of Appeals for the 7th Circuit ruled that tax accountants who claim tax rates will change bear the burden of proof for such claims. In such cases, CPAs could be either defendants or expert witnesses and have to deal with the burden of proof.

Citation Details
Title: Tax rate changes in malpractice cases.
Author: Peter C. Barton
Publication: The Tax Adviser (Magazine/Journal)
Date: May 1, 1992
Publisher: American Institute of CPA's
Volume: 23Issue: n5Page: 278(2)

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This digital document is an article from The Tax Adviser, published by American Institute of CPA's on April 1, 1996. The length of the article is 985 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

From the supplier: The US Court of Appeals for the Ninth Circuit ruled in Durando that S corporation shareholders could not use pro rate share S income in calculating allowable Keogh plan deductions. The taxpayers used both S income and Schedule C income to determine their Keogh contribution limit. The taxpayers argued that S passthrough income should be treated like self-employment income, but the IRS and the 9th Circuit noted that their S shareholder income was not subject to self-employment taxation.

Citation Details
Title: Ninth Circuit disallows Keogh deduction based on S income.
Author: Peter C. Barton
Publication: The Tax Adviser (Magazine/Journal)
Date: April 1, 1996
Publisher: American Institute of CPA's
Volume: 27Issue: n4Page: 215(2)

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Product Description
This digital document is an article from The Tax Adviser, published by American Institute of CPA's on May 1, 1996. The length of the article is 1891 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

From the supplier: The US Court of Appeals for the 11th Circuit affirmed the Tax Court's ruling in Osteen that the taxpayer's losses were nondeductible because of lack of a profit motive under IRC section 183 but reversed the Tax Court's finding that the taxpayer's position lacked substantial authority. The IRS and the Tax Court had imposed a section 6661 substantial understatement penalty on the taxpayer for failing to demonstrate that there was substantial authority for claiming the deductions. The 11th Circuit directed the Tax Court to establish a workable substantial authority standard for cases such as this.

Citation Details
Title: Eleventh Circuit directs Tax Court to develop test for substantial understatement penalty.
Author: Peter C. Barton
Publication: The Tax Adviser (Magazine/Journal)
Date: May 1, 1996
Publisher: American Institute of CPA's
Volume: 27Issue: n5Page: 277(3)

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This digital document is an article from The Tax Adviser, published by American Institute of CPA's on October 1, 1996. The length of the article is 963 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

From the supplier: The Tax Court ruled in Boyd Gaming that the cost of providing employees with free meals in an employee cafeteria was fully deductible under the de minimis fringe benefit rules of IRC section 132(e). The IRS attempted to deny deduction of 20% of the expenses because the casino company's meal program did not satisfy the revenue operating cost test. The Court looked to the purpose of the applicable IRC provisions, to limit fringe benefits for high-income employees, and found that 100% deductibility did not offend that purpose.

Citation Details
Title: Tax Court rules certain employer-provided meals fully deductible.
Author: Peter C. Barton
Publication: The Tax Adviser (Magazine/Journal)
Date: October 1, 1996
Publisher: American Institute of CPA's
Volume: 27Issue: n10Page: 601(2)

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This digital document is an article from The Tax Adviser, published by American Institute of CPA's on June 1, 1999. The length of the article is 1299 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: QTIP and non-QTIP asset aggregation for estate tax valuation purposes rejected.(qualified terminable interest property)
Author: Peter C. Barton
Publication: The Tax Adviser (Magazine/Journal)
Date: June 1, 1999
Publisher: American Institute of CPA's
Volume: 30Issue: 6Page: 385(1)

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This digital document is an article from The Tax Adviser, published by American Institute of CPA's on August 1, 1998. The length of the article is 1064 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

From the supplier: The Tax Court in Venture Funding Ltd. held that employee inclusions in gross income under IRC section 83 is a prerequisite to employer deductions for the value of property transferred as compensation for services. The stock transferred to the service providers in the case was not included in their gross incomes. Withholding requirements in the regulations under section 83 were found valid.

Citation Details
Title: TC denies sec. 83 property compensation deduction. (Tax Court, IRC s. 83)
Author: Peter C. Barton
Publication: The Tax Adviser (Magazine/Journal)
Date: August 1, 1998
Publisher: American Institute of CPA's
Volume: 29Issue: n8Page: 536(2)

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This digital document is an article from The Tax Adviser, published by American Institute of CPA's on October 1, 1995. The length of the article is 1850 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

From the supplier: The US Supreme Court's narrow interpretation in Schleier of the types of damages that are eligible for IRC section 104(a)(2) exclusion from income tax casts doubt on the availability of the exclusion for other types of intangible torts. In Schleier, the Court found that the Age Discrimination in Employment Act did not provide remedies that were sufficiently tort-like, and the Court did not feel that the back pay portions of the settlement were on account of a personal injury. The Court noted that such statutes must provide for compensatory damages to qualify.

Citation Details
Title: Supreme Court denies exclusion for age discrimination damages.
Author: Peter C. Barton
Publication: The Tax Adviser (Magazine/Journal)
Date: October 1, 1995
Publisher: American Institute of CPA's
Volume: 26Issue: n10Page: 605(4)

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This digital document is an article from The Tax Adviser, published by American Institute of CPA's on April 1, 1998. The length of the article is 1184 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

From the supplier: The US 5th Circuit Court of Appeals held in Estate of Monroe that qualified disclaimers of intervivos or testamentary gifts under IRC section 2518(a) cannot be in exchange for actual bargained for consideration. Parole evidence is relevant in determining whether mere unenforceable hopes of future benefits exist or if implicit or explicit enforceable contractual agreements were made. Most disclaimers in the case were upheld as falling within the statutory language of unqualified refusals.

Citation Details
Title: Fifth Circuit rules disclaimer is qualified. (U.S. 5th Circuit Court of Appeals)
Author: Peter C. Barton
Publication: The Tax Adviser (Magazine/Journal)
Date: April 1, 1998
Publisher: American Institute of CPA's
Volume: 29Issue: n4Page: 216(2)

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This digital document is an article from The Tax Adviser, published by American Institute of CPA's on June 1, 1997. The length of the article is 1092 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

From the supplier: The Tax Court ruled in Campbell that since excess contributions to an individual retirement account (IRA) had already been subject to income taxation the taxpayer's basis in the IRA had to be increased by the amount of the excess contributions. Keeping the taxpayer's basis in the IRA at zero would result in double taxation. IRA laws were revised in 1986 to allow for contributions in excess of $2,000 per year, but the excess contributions are included in gross income.

Citation Details
Title: Excess IRA contributions increasing taxpayer's basis. (individual retirement accounts)
Author: Peter C. Barton
Publication: The Tax Adviser (Magazine/Journal)
Date: June 1, 1997
Publisher: American Institute of CPA's
Volume: 28Issue: n6Page: 361(2)

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This digital document is an article from The Tax Adviser, published by Thomson Gale on November 1, 2007. The length of the article is 1439 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Collection due process hearing regs. upheld.
Author: Peter C. Barton
Publication: The Tax Adviser (Magazine/Journal)
Date: November 1, 2007
Publisher: Thomson Gale
Volume: 38Issue: 11Page: 655(3)

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This digital document is an article from The Tax Adviser, published by American Institute of CPA's on May 1, 1999. The length of the article is 844 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Sale of development easement.(taxation)
Author: Peter C. Barton
Publication: The Tax Adviser (Magazine/Journal)
Date: May 1, 1999
Publisher: American Institute of CPA's
Volume: 30Issue: 5Page: 297(2)

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