1992

TOPICS:

All articles written by Robert W. Wood (unless otherwise noted)

 

 

TAXATION OF DAMAGE AWARDS

 

What Every Litigator Should Know About Tax Planning, San Francisco Daily Journal (November 20, 1992), p. 5. Simultaneously published in Los Angeles Daily Journal (November 20, 1992), p. 7.

What Trial Lawyers Should Know About How Settlements and Judgments are Taxed, Vol. 22, No. 9, California Trial Laywers Association Forum (November 1992), p. 13.

Taxing Discrimination Recoveries: Bucking Burke, Vol. 56, No. 3, Tax Notes (July 20, 1992), p. 363.

More on the Taxation of Tort Damages, Vol. 55, Tax Notes (April 6, 1992), p. 131.

 

 

 

MERGERS AND ACQUISITIONS

 

S Corporation Acquisitions Under Sections 332 and 338, Vol. 1, No. 5, The M&A Tax Report (December 1992), p. 1.

S Corporations Acquisitions Via IRC § 332 and IRC § 338 Given Green Light, Bulletin 12, Vol. 8, No. 12, S Corporations (December 17, 1992), p. 5.

Nonresident S Corporations Are Subject to FIFO Treatment For Distributions, Bulletin 12, Vol. 8, No. 12, S Corporations (December 17, 1992), p. 4.

Tax Bill Dead: What Now?, Bulletin 12, Vol. 8, No. 12, S Corporations (December 17, 1992), p. 4.

Transfer of S Shares to IRA: No Harm, No Foul, Bulletin 12, Vol. 8, No. 12, S Corporations (December 17, 1992), p. 4.

Aiding and Abetting Penalty Imposed for Each K-1, Not the S Corp Return, Bulletin 12, Vol. 8, No. 12, S Corporations (December 17, 1992), p. 3.

Proposed Built-In Gain Regs Offer Relief, Bulletin 12, Vol. 8, No. 12, S Corporations (December 17, 1992), p. 1.

Sears’ Spin-off: In the Land of the Giants, Vol. 1 No. 4, The M&A Tax Report (November 1992), p. 1.

Debt-for-Equity Shuffle in H.R. 776, Vol. 1 No. 4, The M&A Tax Report (November 1992), p. 3.

Cottage Savings Regs. on the Way, Vol. 1 No. 4, The M&A Tax Report (November 1992), p. 5.

Business Purpose for a Spin-off: Is Nothing Sacred?, Vol. 1, No. 4, The M&A Tax Report, (November 1992), p. 6.

Is Counting Spins Like Counting Stars?, Vol. 1 No. 4, The M&A Tax Report (November 1992), p. 8.

S Stock Redemptions: A Case Study in Restructuring, Bulletin 11, Vol. 8, No. 11, S Corporations (November 19, 1992), p. 4.

Distributing Partnership Interests From an S Corporation: Is It a Problem Under the 35-Shareholder Limit?, Bulletin 11, Vol. 8, No. 11, S Corporations (November 19, 1992), p. 3.

QSST Beneficiary Realizes Taxable Gain on Sale of the S Corporation Stock, Bulletin 11, Vol. 8, No. 11, S Corporations (November 19, 1992), p. 2.

Post-Mortem S Election: Shareholder’s Executor Makes a Valid S Election — Two Weeks Late, Bulletin 11, Vol. 8, No. 11, S Corporations (November 19, 1992), p. 2.

One More Thing IRAs Can’t Do: Be an S Corporation Shareholder, Bulletin 11, Vol. 8, No. 11, S Corporations (November 19, 1992), p. 1.

S Corporation Cannot Maintain a Reserve for a Guaranteed Refund Policy, Bulletin 10, Vol. 8, No. 10, S Corporations (October 15, 1992), p. 6.

Multiple Trusts and the QSST Rules, Bulletin 10, Vol. 8, No. 10, S Corporations (October 15, 1992), p. 6.

Quid Pro Quo Gift for Board Membership Ruled Not Constructive Dividend, Bulletin 10, Vol. 8, No. 10, S Corporations (October 15, 1992), p. 5.

IRS Issues Rulings on Single-Class-of-Stock Requirement, Bulletin 10, Vol. 8, No. 10, S Corporations (October 15, 1992), p. 4.

Invalid Election vs. Inadvertent Termination, Bulletin 10, Vol. 8, No. 10, S Corporations (October 15, 1992), p. 3.

Monitor Your Buy-Sell Agreements, Bulletin 10, Vol. 8, No. 10, S Corporations (October 15, 1992), p. 2.

Repealing IRC § 1374’s Taxable Income Limitation: One More Time, Bulletin 10, Vol. 8, No. 10, S Corporations (October 15, 1992), p. 1.

McDonald’s Gets a Break Today in Canterbury, by Robert Willens and Robert W. Wood, Vol. 1, No. 3, The M&A Tax Report (October 1992), p. 3.

Dual Consolidated Losses Treated in Final Regulations, Vol. 1, No. 3, The M&A Tax Report (October 1992), p. 3.

Capital Bancshares Holds No Refund from NOL of Subsidiary, Vol. 1 No. 3, The M&A Tax Report (October 1992), p. 5.

The Continuing Flap Over Expenses — Takeover and Otherwise, Vol. 1, No. 3, The M&A Tax Report (October 1992), p. 7.

Mutual Funds Get Break from Ownership Change Rules, Vol. 1 No. 3, The M&A Tax Report (October 1992), p. 8.

When Is a Deficiency Notice Timely Send to an S Corporation Shareholder?, Bulletin 9, Vol. 8, No. 9, S Corporations (September 29, 1992), p. 4.

Repeal of Taxable Income Limit to Built-In Gains Tax Proposed, Bulletin 9, Vol. 8, No. 9, S Corporations (September 29, 1992), p. 3.

Colorado Enacts Model S Corporation Tax, Bulletin 9, Vol. 8, No. 9, S Corporations (September 29, 1992), p. 2.

Loss of Corporate Charter Does Not Kill S Status, Bulletin 9, Vol. 8, No. 9, S Corporations (September 29, 1992), p. 2.

Accumulated Income of a QSST May Be Distributed to Two Beneficiaries, Bulletin 9, Vol. 8, No. 9, S Corporations (September 29, 1992), p. 1.

Proposed Regs. Deal With NOLs in Insolvency, Vol. 1, No. 2, The M&A Tax Report (September 1992), p. 7.

Interest on Insurance Premiums Ruled Passive Investment Income: Mall Income Is Not, Bulletin 8, Vol. 8, No. 8, S Corporations (August 20, 1992), p. 7.

Do Not Forget the Relevance of Reasonable Compensation, Bulletin 8, Vol. 8, No. 8, S Corporations (August 20, 1992), p. 6.

Charitable Remainder Trust Cannot Qualify As Subchapter S Trust, Bulletin 8, Vol. 8, No. 8, S Corporations (August 20, 1992), p. 6.

Fifth Circuit Agrees That Shareholder’s Consent to Extend Statute of Limitations Applies to Corporation, Bulletin 8, Vol. 8, No. 8, S Corporations (August 20, 1992), p. 5.

Revenue Act of 1992 Would Make Important S Corporation Changes, Bulletin 8, Vol. 8, No. 8, S Corporations (August 20, 1992), p. 1.

Recent Trends and Transactions, Vol. 5, PLI Tax Strategies for Corporate Acquisitions, Dispositions, Financings, Joint Ventures, Reorganizations, and Restructurings 1992 (August 17, 1992), p. 87.

367 Rules Applicable to Spin-offs Under Attack, Vol. 1, No. 1, The M&A Tax Report (August 1992), p. 8.

One Class of Stock Rules for S Corporations Finalized, Vol. 1, No. 1, The M&A Tax Report (August 1992), p. 7.

Published Ruling on Stock-for-Debt-Exception, Vol. 1, No. 1, The M&A Tax Report (August 1992), p. 6.

More Authority On Amortization of Bank Core Deposits, Vol. 1, No. 1, The M&A Tax Report (August 1992), p. 5.

Simplified Investment Adjustment Rules on The Way?, Vol. 1, No. 1, The M&A Tax Report (August 1992), p. 5.

New Round of Spins Suggests Pre-Eminence of Section 355, Vol. 1, No. 1, The M&A Tax Report (August 1992), p. 1.

Final Regulations on the One-Class-of-Stock Requirement, S Corporations (July 17, 1992), p. 4271.

Remember Subchapter S Simplification?, Vol. 8, No. 7, S Corporations Tax Bulletin, S Corporations (July 17, 1992), p. 5.

Passive Foreign Investment Company Proposed Regulations Contain Special S Corporation Rules, Vol. 8, No. 7, S Corporations Tax Bulletin, S Corporations (July 17, 1992), p. 5.

S Corp Regs on the Way, Vol. 8, No. 7, S Corporations Tax Bulletin, S Corporations (July 17, 1992), p. 4.

Limited Liability Companies as Alternatives to S Status, Another Look, Vol. 8, No. 7, S Corporations Tax Bulletin, S Corporations (July 17, 1992), p. 3.

Proposed Regulations Deal With Dual Status Aliens as S Corporation Shareholders, Vol. 8, No. 7, S Corporations Tax Bulletin, S Corporations (July 17, 1992), p. 2.

Long-Awaited Proposed Regulations on Adjustments To S Stock and Debt Contain No Surprises, Vol. 8, No. 7, S Corporations Tax Bulletin, S Corporations (July 17, 1992), p. 1.

Aircraft Leased to Related S Corporation Qualified for ITC and Accelerated Depreciation, Bulletin 6, Vol. 8, No. 6, S Corporations (June 18, 1992), p. 6.

Voluminous Inadvertent Terminations, Bulletin 6, Vol. 8, No. 6, S Corporations (June 18, 1992), p. 5.

No Termination of S Election on F Reorganization, Bulletin 6, Vol. 8, No. 6, S Corporations (June 18, 1992), p. 5.

Momentary Stock Ownership: Favorable Rulings Continue, Bulletin 6, Vol. 8, No. 6, S Corporations (June 18, 1992), p. 4.

S Corporation Spinoffs Continue With IRS Approval, Bulletin 6, Vol. 8, No. 6, S Corporations (June 18, 1992), p. 4.

Stock Sale Ruled Not to Affect AAA, Bulletin 6, Vol. 8, No. 6, S Corporations (June 18, 1992), p. 3.

S Corporation Allowed to Use Both Installment and Accrual Methods, Bulletin 6, Vol. 8, No. 6, S Corporations (June 18, 1992), p. 3.

Fidelity Associates Case Allows Different Tax and Financial Reporting, Bulletin 6, Vol. 8, No. 6, S Corporations (June 18, 1992), p. 1.

Final Section 382(l)(5) Regs Contain Some Surprises, Vol. 3, No. 6, Consolidated Returns Tax Report (June 1992), p. 7.

Acquisitions Within Consolidated Groups, Vol. 3, No. 6, Consolidated Returns Tax Report (June 1992), p. 7.

Post-Dividend Stock Basis Adjustments, Vol. 3, No. 6, Consolidated Returns Tax Report (June 1992), p. 6.

Limitations on Section 304 Urged, Vol. 3, No. 6, Consolidated Returns Tax Report (June 1992), p. 5.

Treatment of Warrants, Options, and Convertible Obligations, Vol. 3, No. 6, Consolidated Returns Tax Report (June 1992), p. 3.

Consolidated Section 382 Rules on the Way, Vol. 3, No. 6, Consolidated Returns Tax Report (June 1992), p. 3.

Final Section 382 Regs Deal With Aggregation of Stock Ownership, Vol. 3, No. 6, Consolidated Returns Tax Report (June 1992), p. 2.

Final Regulations on Allocating Interest Expense, Vol. 3, No. 6, Consolidated Returns Tax Report (June 1992), p. 1.

Section 333 Elections Still Irrevocable, Vol. 3, No. 2, Taxation of Mergers & Acquisitions (June 1992), p. 8.

Golden Parachutes and Bankruptcy, Vol. 3, No. 2, Taxation of Mergers & Acquisitions (June 1992), p. 7.

Supreme Court to Decide if Customer Lists are Depreciable, Vol. 3, No. 2, Taxation of Mergers & Acquisitions (June 1992), p. 6.

Aggregation of Stock Ownership Rules Clarified, Vol. 3, No. 2, Taxation of Mergers & Acquisitions (June 1992), p. 5.

Final Section 382(l)(5) Bankruptcy Regs Contain Some Surprises, Vol. 3, No. 2, Taxation of Mergers & Acquisitions (June 1992), p. 3.

National Trust Company Ruled Eligible for S Status; State Trust Company Also Can Qualify, Vol. 8, No. 5, S Corporations Tax Bulletin, S Corporations (May 21, 1992), p. 5.

Qualified Subchapter S Trusts and Income Accumulation, Vol. 8, No. 5, S Corporations Tax Bulletin, S Corporations (May 21, 1992), p. 4.

More Legislative Changes on the Way?, Vol. 8, No. 5, S Corporations Tax Bulletin, S Corporations (May 21, 1992), p. 4.

Unified Audit and Litigation Procedures: Small Partnership Exception Denied Again, Vol. 8, No. 5, S Corporations Tax Bulletin, S Corporations (May 21, 1992), p. 3.

The Perennial Problem of Proof of the S Election: Is There a Silver Lining?, Vol. 8, No. 5, S Corporations Tax Bulletin, S Corporations (May 21, 1992), p. 2.

Proposed Regulations Provide New Passive Investment Income Rules, Vol. 8, No. 5, S Corporations Tax Bulletin, S Corporations (May 21, 1992), p. 1.

Supreme Court Stiffs National Starch: Bifurcating Fees in Bankruptcy?, Vol. 5, No. 1, Corporate Taxation (May/June 1992), p. 47.

Using Annuities and a 299% Ceiling for Golden Parachutes, Vol. 3, No. 1, Taxation of Mergers & Acquisitions (May 1992), p. 7.

Section 269 Does Not Stop Use of Acquired Company’s NOL, Vol. 3, No. 1, Taxation of Mergers & Acquisitions (May 1992), p. 7.

IRS to Tackle Consolidated Attribute Reduction in Bankruptcy, Vol. 3, No. 1, Taxation of Mergers & Acquisitions (May 1992), p. 6.

S Corp. Built-in Gain Regulations on the Way, Vol. 3, No. 1, Taxation of Mergers & Acquisitions (May 1992), p. 5.

Corporate General Partner Passes Active-Business Test for Spinoff, Vol. 3, No. 1, Taxation of Mergers & Acquisitions (May 1992), p. 3.

Consolidated Returns Tax Report, Vol. 3, No. 5 (May 1992).

Filings an S Election and Changing to a Calendar Year: What Rule Applies?, Vol. 8, No. 4, S Corporations Tax Bulletin, S Corporations (April 16, 1992), p. 6.

Limited Liability Companies: Alternative to S Corporations?, Vol. 8, No. 4, S Corporations Tax Bulletin, S Corporations (April 16, 1992), p. 5.

S Corporation Shareholders and the Tax Benefit Doctrine: Who’s Who?, Vol. 8, No. 4, S Corporations Tax Bulletin, S Corporations (April 16, 1992), p. 4.

Built-in Gains Regulations on the Way, Vol. 8, No. 4, S Corporations Tax Bulletin, S Corporations (April 16, 1992), p. 3.

Another Limitations Period Case: Kelley Disapproved, Vol. 8, No. 4, S Corporations Tax Bulletin, S Corporations (April 16, 1992), p. 1.

Acquirers Down Under, Vol. 2, No. 12, Taxation of Mergers & Acquisitions (April 1992), p. 6.

Applying the Golden Parachute Rules, Vol. 2, No. 12, Taxation of Mergers & Acquisitions (April 1992), p. 6.

Filing for Greenmail, Vol. 2, No. 12, Taxation of Mergers & Acquisitions (April 1992), p. 6.

Intangible Hassles Continue, Vol. 2, No. 12, Taxation of Mergers & Acquisitions (April 1992), p. 5.

Intergroup Transactions Spell Continued Deferral of Gain, Vol. 2, No. 12, Taxation of Mergers & Acquisitions (April 1992), p. 5.

Previously Claimed Deductions on Acquisition Not Subject to Tax Benefit Rule, Vol. 2, No. 12, Taxation of Mergers & Acquisitions (April 1992), p. 3.

Tax-Motivated Deconsolidations Still Work, Vol. 2, No. 12, Taxation of Mergers & Acquisitions (April 1992), p. 2.

National Starch-Type Issues in Bankruptcy: Is There No Relief?, Vol. 2, No. 12, Taxation of Mergers & Acquisitions (April 1992), p. 1.

Thirty-Day Rule May Shorten Base Period Requirement For Life Insurance Companies, Vol. 3, No. 4, Consolidated Returns Tax Report (April 1992), p. 6.

Avoiding the Chill of Earnings Stripping, Vol. 3, No. 4, Consolidated Returns Tax Report (April 1992), p. 3.

Tax-Motivated Deconsolidation Still Works, Vol. 3, No. 4, Consolidated Returns Tax Report (April 1992), p. 3.

Proposed Section 482 Regulations Provide Some Answers, Vol. 3, No. 4, Consolidated Returns Tax Report (April 1992), p. 1.

S Corporation Jurisdictional Questions: Audit Procedures and Family Feuds, Vol. 8, No. 3, S Corporations Tax Bulletin, S Corporations (March 19, 1992), p. 5.

One-Class-of-Stock Commentary Continues, Vol. 8, No. 3, S Corporations Tax Bulletin, S Corporations (March 19, 1992), p. 3.

The Quandary Over Consents to Extend Assessment: What Rule Prevails?, Vol. 8, No. 3, S Corporations Tax Bulletin, S Corporations (March 19, 1992), p. 2.

Restricted Stock Payments Deductions May Be Disallowed in M&A, Vol. 2, No. 11, Taxation of Mergers & Acquisitions (March 1992), p. 6.

Integration Study May Foreshadow Reform, Vol. 2, No. 11, Taxation of Mergers & Acquisitions (March 1992), p. 5.

New Consistency Rules Proposed Under Section 338, Vol. 2, No. 11, Taxation of Mergers & Acquisitions (March 1992), p. 3.

Final Regs. on Bankruptcy Acquisitions and Tax Avoidance, Vol. 2, No. 11, Taxation of Mergers & Acquisitions (March 1992), p. 2.

Final Regs Under Section 269 and 382 (l)(5) Do Not Provide Complete Relief, Vol. 3, No. 3, Consolidated Returns Tax Report (March 1992), p. 3.

Graduated Tax Rules and Consolidated Returns, Vol. 3, No. 3, Consolidated Returns Tax Report (March 1992), p. 7.

The Section 338 Consistency Rules and Consolidated Groups, Vol. 3, No. 3, Consolidated Returns Tax Report (March 1992), p. 6.

New Consistency Rules Under Section 338, Vol. 3, No. 3, Consolidated Returns Tax Report (March 1992), p. 2.

ABA Comments on Dual Consolidated Losses, Vol. 3, No. 3, Consolidated Returns Tax Report (March 1992), p. 1.

S Corporations in Financial Difficulty, Bankruptcy and Insolvency, S Corporations (February 20, 1992), p. 4341.

What Is “Substantial Compliance” With the S Election Rules?, Vol. 8, No. 2, S Corporations Tax Bulletin, S Corporations (February 20, 1992), p. 7.

More on Inadvertent Terminations And How They Happen, Vol. 8, No. 2, S Corporations Tax Bulletin, S Corporations (February 20, 1992), p. 6.

Inadvertent Termination Woes, Vol. 8, No. 2, S Corporations Tax Bulletin, S Corporations (February 20, 1992), p. 6.

“Clean” S Corporations: What’s in a Name?, Vol. 8, No. 2, S Corporations Tax Bulletin, S Corporations (February 20, 1992), p. 5.

Do Short Taxable Years Help Shorten Built-in Gain Period?, Vol. 8, No. 2, S Corporations Tax Bulletin, S Corporations (February 20, 1992), p. 5.

S Election Mailing Procedures: Murphy’s Law Revisited, Vol. 8, No. 2, S Corporations Tax Bulletin, S Corporations (February 20, 1992), p. 4.

S Election Should Have Been Approved: Court Says IRS Abused Its Discretion, Vol. 8, No. 2, S Corporations Tax Bulletin, S Corporations (February 20, 1992), p. 2.

A Debt Is a Debt — Or Is It?, Vol. 8, No. 2, S Corporations Tax Bulletin, S Corporations (February 20, 1992), p. 1.

Insurance Companies Must Capitalize Policy Acquisition Expenses, Vol. 2, No. 10, Taxation of Mergers & Acquisitions (February 1992), p. 7.

Can a Shareholder Receive Capital Treatment Under a Covenant Not to Compete?, Vol. 2, No. 10, Taxation of Mergers & Acquisitions (February 1992), p. 7.

ESOP Stock Sales May Incur Gift Tax Liability, Vol. 2, No. 10, Taxation of Mergers & Acquisitions (February 1992), p. 7.

Assignment-of-Income Doctrine Revisited, Vol. 2, No. 10, Taxation of Mergers & Acquisitions (February 1992), p. 6.

Golden Hello vs. Golden Parachute, Vol. 2, No. 10, Taxation of Mergers & Acquisitions (February 1992), p. 5.

Liquidation of Credit Bureau Yields Taxable Distribution, Vol. 2, No. 10, Taxation of Mergers & Acquisitions (February 1992), p. 2.

Five-Year Reconsolidation Bar Does Not Always Apply, Vol. 2, No. 10, Taxation of Mergers & Acquisitions (February 1992), p. 1.

Prop. Regs. on NOLs and Bankruptcy Provide Some Answers, Vol. 4, No. 5, Corporate Taxation (January/February 1992), p. 55.

ABA Tax Section Recommends Regulations Under Sections 1366, 1367 and 1368, Vol. 8, No. 1, S Corporations Tax Bulletin, S Corporations (January 16, 1992), p. 1.

No Passive Income on Truck Lease Receipts, Vol. 8, No. 1, S Corporations Tax Bulletin, S Corporations (January 16, 1992), p. 6.

Waiver of Five-Year Re-Election Prohibition Denied, Vol. 8, No. 1, S Corporations Tax Bulletin, S Corporations (January 16, 1992), p. 5.

Self-Charged Interest Rules Require S Corporations’ Attention, Vol. 8, No. 1, S Corporations Tax Bulletin, S Corporations (January 16, 1992), p. 4.

10th Circuit Again Holds Shareholder Guarantees Do Not Increase Basis, Vol. 8, No. 1, S Corporations Tax Bulletin, S Corporations (January 16, 1992), p. 3.

Spinoffs of S Corporations May Become More Common, Vol. 8, No. 1, S Corporations Tax Bulletin, S Corporations (January 16, 1992), p. 2.

Form 2553 Held Not an Implied Contract, Vol. 8, No. 1, S Corporations Tax Bulletin, S Corporations (January 16, 1992), p. 1.

IRS Proposes Regulations on NOLs and Bankruptcy, Vol. 3, No. 4, Bankruptcy Law Review (Winter 1992), p. 35.

“G” Reorganizations Offer Tax Planning Possibilities, Vol. 3, No. 4, Bankruptcy Law Review (Winter 1992), p. 59.

Interaction of Sections 382(l)(5) and 269, Vol. 2, No. 9, Taxation of Mergers & Acquisitions (January 1992), p. 7.

What Cheer: Core Deposits Amortizable, Vol. 2, No. 9, Taxation of Mergers & Acquisitions (January 1992), p. 6.

Successive Changes of Ownership and Loss Limitations, Vol. 2, No. 9, Taxation of Mergers & Acquisitions (January 1992), p. 6.

 

MISCELLANEOUS

 

Your Furnishings Can Help You Secure Home Office Deduction, Vol. 10, No. 11 Real Estate Tax Digest (November 1992), p. 263.

Meeting the Exclusive and Regular Use Requirements for Home Office Deductions, Vol. 10, No. 5, Real Estate Tax Digest (May 1992), p. 113.

Charitable Contributions of Property: No Bargain Sale Deduction on Condemnation, Vol. 19, No. 3, Journal of Real Estate Taxation (Spring 1992), p. 258.

Real Estate S Corporations, Vol. 10, No. 1, Real Estate Tax Digest (January 1992), p. 3.

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