1994

TOPICS:

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

 

 

TAXATION OF DAMAGE AWARDS

 

Taxation of Litigation and Settlement Payments: Principles and Planning Opportunities Program Handbook, CEB and the State Bar Taxation Law Section (December 1994/January 1995).

Tax Treatment of Punitive Damages in Employment Cases Still Up in the Air, Vol. 3, No. 23, BNA Employment Discrimination Report (December 21, 1994), p. 692.

The Tax Treatment of “Golden Handshakes,” Tax Notes (December 5, 1994), p. 1293.

Taxation of Punitive Damages: No Easy Answers, Vol. 65, Tax Notes (November 7, 1994), p. 783.

IRS Winning Some Battles to Include Age Discrimination Recoveries, Vol. 27, No. 11, The Practical Accountant (November 1994), p. 69.

Litigating Treatment of Damage Awards Has Never Been Boring, Vol. 65, Tax Notes (October 10, 1994), p. 249.

IRS Can’t Seem to Win on Taxability of ADEA Recoveries, Vol. 3, No. 1, BNA Employment Discrimination Report (July 6, 1994), p. 22.

Pre-1991 Title VII Recoveries Now Taxable As a Result of U.S. Supreme Court Ruling, Vol. 2, No. 23, BNA Employment Discrimination Report (June 8, 1994), p. 707.

Taxing Judgments; Keeping the IRS at Bay, Vol. 17, No. 1, Legal Times (May 23, 1994), p. 41.

Timing Taxation on Discrimination, The Recorder (May 17, 1994), p. 8.

Why Taxes Should Be Considered In Settling Employment Disputes and/or Negotiating Employment Termination Agreements, Vol. 2, No. 18, BNA Employment Discrimination Report (May 4, 1994), p. 560.

Role-Playing and Characterization in Taxing Employment Disputes, The Recorder (May 3, 1994), p. 8.

Taxation of Settlements Raises Numerous Difficult Questions, Tax Notes (April 25, 1994), p. 484.

Opinions as a Basis for Financial Support, The Recorder (April 18, 1994), p. 11.

Disagreeing With Settled Agreements, The Recorder Tax Law Magazine (Spring 1994), p. 20.

IRS Rules Discrimination Awards Are Nontaxable, Vol. 62, No. 10, Tax Notes (March 7, 1994), p. 1317.

IRS Ruling on Non-Taxation of Bias Damage Awards Is Welcomed, But Raises Questions, Vol. 2, No. 1, BNA Employment Discrimination Report (January 5, 1994), p. 27.

Freeing Discrimination Recoveries From Taxation, The Recorder (January 4, 1994), p. 8.

 

 

 

MERGERS AND ACQUISITIONS

 

Inadvertent Termination Rulings by the Bagful!, Bulletin 9, Vol. 10, No. 9, S Corporations (December 14, 1994), p. 6.

Factual Determinations Necessary to Qualify for QSST Status, Bulletin 9, Vol. 10, No. 9, S Corporations (December 14, 1994), p. 4.

S Corporation Owners Not Allowed Business Expense Deduction for Interest on Deficiencies, Bulletin 9, Vol. 10, No. 9, S Corporations (December 14, 1994), p. 4.

One-Class-of-Stock Rulings: Should You Get One?, Bulletin 9, Vol. 10, No. 9, S Corporations (December 14, 1994), p. 2.

Controversy Continues Over S Corporation Exception to Unified Audit Procedure, Bulletin 9, Vol. 10, No. 9, S Corporations (December 14, 1994), p. 1.

Fifth Circuit in U.S. v. Houston Pipeline Co. Rules No Deduction on Stock Redemption Payment to Fend Off Takeover, Vol. 3, No. 5, The M&A Tax Report (December 1994), p. 1.

Deducting a Repurchase Premium on Stock, Vol. 3, No. 5, The M&A Tax Report (December 1994), p. 4.

Covenants Not To Compete and the Good Old (Pre-Section 107) Days, Vol. 3, No. 5, The M&A Tax Report (December 1994), p. 6.

Amounts Paid by Acquiring Corporation to Purchase Options Are Deductible by Target, Vol. 3, No. 5, The M&A Tax Report (December 1994), p. 7.

Final Regulations on LIFO Recapture Released by IRS, Bulletin 8, Vol. 10, No. 8, S Corporations (November 9, 1994), p. 4.

Reasonable vs. Unreasonable Compensation Cases on the Rise: A Look At Their Impact On S Corporations, Bulletin 8, Vol. 10, No. 8, S Corporations (November 9, 1994), p. 3.

Election, Election, Where’s the S Election?, Bulletin 8, Vol. 10, No. 8, S Corporations (November 9, 1994), p. 1.

Final Regulations Issued Concerning Consolidated Return Stock Basis Adjustments, Vol. 3, No. 4, The M&A Tax Report (November 1994), p. 1.

Bonus Treated As Golden Parachute Payment Even Though Agreement Not Enforceable, Vol. 3, No. 4, The M&A Tax Report (November 1994), p. 2.

Equity Swaps As Sales: What, Me Worry?, by Robert Willens and Robert W. Wood, Vol. 3, No. 4, The M&A Tax Report (November 1994), p. 4.

Method for Recapturing LIFO Benefits Detailed, Bulletin 7, Vol. 10, No. 7, S Corporations (October 12, 1994), p. 5.

Is Filings an S Election Mandatory? Need You Ask?, Bulletin 7, Vol. 10, No. 7, S Corporations (October 12, 1994), p. 4.

Health Care Proposals Include Increase to Employment Taxes On S Corporation Shareholders, Bulletin 7, Vol. 10, No. 7, S Corporations (October 12, 1994), p. 2.

Accounts Receivable Are Taxable as Built-In Gains, Tax Court Holds, Bulletin 7, Vol. 10, No. 7, S Corporations (October 12, 1994), p. 1.

To Spin or Not to Spin?, Vol. 3, No. 3, The M&A Tax Report (October 1994), p. 1.

Loan Fees In LBOs: Back to the Drawing Board, by Robert Willens and Robert W. Wood, Vol. 3, No. 3, The M&A Tax Report (October 1994), p. 4.

IRS Makes Changes to Regs. on Retroactive Intangibles Amortization Election, Vol. 3, No. 3, The M&A Tax Report (October 1994), p. 6.

Inaccurate S Election Form Derails S Treatment: Tax Court Requires Strict Compliance, Bulletin 6, Vol. 10, No. 6, S Corporations (September 14, 1994), p. 4.

S Election By Timber Concern Escapes Built-In Gain Tax on Sale of Uncut Timber, Bulletin 6, Vol. 10, No. 6, S Corporations (September 14, 1994), p. 3.

Tax Court Holds That NOL Attributable to Former S Corporation Cannot Be Carried Back on Consolidated Return, Bulletin 6, Vol. 10, No. 6, S Corporations (September 14, 1994), p. 3.

S Shareholders Run Afoul of At-Risk Limitations, Bulletin 6, Vol. 10, No. 6, S Corporations (September 14, 1994), p. 1.

Poison Pills Newsworthy Again, Vol. 3, No. 3, No. 2, The M&A Tax Report (September 1994), p. 6.

New York University’s 53rd Institute on Federal Taxation Tax Conference, Bulletin 5, Vol. 10, No. 5, S Corporations (August 10, 1994), p. 5.

Dissolution of Corporation and Termination of S Election: Is There Life After Death?, Bulletin 5, Vol. 10, No. 5, S Corporations (August 10, 1994), p. 4.

No Basis Increase on Restructuring of Shareholder Loans, Bulletin 5, Vol. 10, No. 5, S Corporations (August 10, 1994), p. 4.

Moynihan’s New Health Care Bill Seeks More Taxes From S Corporations, Bulletin 5, Vol. 10, No. 5, S Corporations (August 10, 1994), p. 3.

Leasing Company Escapes Passive Investment Income on Net Leases, Bulletin 5, Vol. 10, No. 5, S Corporations (August 10, 1994), p. 1.

Hardware Plus Victory Is Good News, Vol. 3, No. 1, The M&A Tax Report (August 1994), p. 1.

International Accounting Rule Levels Goodwill Playing Field, Vol. 3, No. 1, The M&A Tax Report (August 1994), p. 6.

Section 1060 Asset Value Used in Later Sale, Vol. 3, No. 1, The M&A Tax Report (August 1994) p. 7.

Final Regs. on Section 382 Closing-of-Books Election, Vol. 3, No. 1, The M&A Tax Report (August 1994), p. 8.

More Disputes About S Election Filing, Bulletin 4, Vol. 10, No. 4, S Corporations (July 13, 1994), p. 4.

Don’t Forget About the Availability of the Asset Acquisition Election, Bulletin 4, Vol. 10, No. 4, S Corporations (July 13, 1994), p. 4.

IRS Says No Stock Basis Increase for Deferred Cancellation of Debt Income, Bulletin 4, Vol. 10, No. 4, S Corporations (July 13, 1994), p. 2.

IRS Throws in the Towel on Partnerships Formed to Avoid S Corp Shareholder Limit, Bulletin 4, Vol. 10, No. 4, S Corporations (July 13, 1994), p. 1.

GM, Bally Try Spins, Vol. 2, No. 12, The M&A Tax Report (July 1994), p. 3.

Safe Harbor Provided for “Nominal or Token” Stock, Vol. 2, No. 12, The M&A Tax Report (July 1994), p. 4.

Environmental Cleanup Costs Now Deductible, Vol. 2, No. 12, The M&A Tax Report (July 1994), p. 6.

More Regulations Affecting S Corporations Should Be Issued, Bulletin 3, Vol. 10, No. 3, S Corporations (June 15, 1994), p. 3.

Dividend Distributions by S Corporations to Shareholders Recharacterized by Compensation, Bulletin 3, Vol. 10, No. 3, S Corporations (June 15, 1994), p. 1.

Core Deposits Held Amortizable in Trustmark, Vol. 2, No. 11, The M&A Tax Report (June 1994), p. 4.

New York University’s ‘Partnerships and Other Pass-Through Entities’ Tax Conference, Bulletin 2, Vol. 10, No. 2, S Corporations (May 18, 1994), p. 5.

Owners, Not Bookkeeper, Were Skimming So Tax Court Rules No Theft Loss Deduction for S Corporation, Bulletin 2, Vol. 10, No. 2, S Corporations (May 18, 1994), p. 4.

Working Group Recommends Changes to Termination Regulations, Bulletin 2, Vol. 10, No. 2, S Corporations (May 18, 1994), p. 4.

S Corporation Stock Redemption Qualifies as Complete Termination of Interest Allowing Gain to Be Treated as Capital Gain, Bulletin 2, Vol. 10, No. 2, S Corporations (May 18, 1994), p. 3.

Pigs Maybe, But No ‘Home on the Range’ Meal and Lodging Expenses for S Corporation, Bulletin 2, Vol. 10, No. 2, S Corporations (May 18, 1994), p. 2.

Bipartisan Support May Not Be Enough to Overcome the Loss of Revenue Problems in New S Corporation Reforms, Bulletin 2, Vol. 10, No. 2, S Corporations (May 18, 1994), p. 1.

Can GE Capital Deduct Its Kemper Takeover Bid Costs?, by Robert Willens and Robert W. Wood, Vol. 2, No. 10, The M&A Tax Report (May 1994), p. 1.

Momentary Corporate Ownership of S Corporation Stock is OK, Bulletin 1, Vol. 10, No. 1, S Corporations (April 13, 1994), p. 4.

Voting Trust Does Not Run Afoul of One-Class-of-Stock Rule, Bulletin 1, Vol. 10, No. 1, S Corporations (April 13, 1994), p. 3.

More on Proving Your S Election, Bulletin 1, Vol. 10, No. 1, S Corporations (April 13, 1994), p. 3.

Professional Corporations: Should They Be C or S?, Bulletin 1, Vol. 10, No. 1, S Corporations (April 13, 1994), p. 1.

Making the Section 197 Intangibles Election, Vol. 2, No. 9, The M&A Tax Report (April 1994), p. 1.

Fourth Circuit Upholds Denial of Work Force Depreciation, Vol. 2, No. 9, The M&A Tax Report (April 1994), p. 3.

Letter Rulings on Passive Investment Income Highlight New Liberality, Bulletin 12, Vol. 9, No. 12, S Corporations (March 9, 1994), p. 5.

Purported Debt Held Not ‘Deal Debt’ In IRS Technical Advice, Bulletin 12, Vol. 9, No. 12, S Corporations (March 9, 1994), p. 4.

Built-In Gain Tax Exposure on Accounts Receivable Asserted, Bulletin 12, Vol. 9, No. 12, S Corporations (March 9, 1994), p. 3.

Excessive Passive Investment Income for Three Years Leads to Termination — Not Inadvertent, Bulletin 12, Vol. 9, No. 12, S Corporations (March 9, 1994), p. 3.

Automatic Inadvertent Termination Relief Available Under New IRS Procedure, Bulletin 12, Vol. 9, No. 12, S Corporations (March 9, 1994), p. 1.

Asset Deal’s Purchase Price Allocation Binds Buyer, Vol. 2, No. 8, The M&A Tax Report (March 1994), p. 6.

Salary Paid by Medical Corporation Held Not Reasonable, Bulletin 11, Vol. 9, No. 11, S Corporations (February 9, 1994), p. 4.

More Guidance on IRC § 444 Elections By S Corporations, Bulletin 11, Vol. 9, No. 11, S Corporations (February 9, 1994), p. 4.

Gain on Distribution Taxable, Says Tax Court, Bulletin 11, Vol. 9, No. 11, S Corporations (February 9, 1994), p. 3.

Basis Problems Preclude Deduction of S Corporation Losses, Bulletin 11, Vol. 9, No. 11, S Corporations (February 9, 1994), p. 3.

Final Regulations Issued on Adjustments to Basis of Stock and Debt, Bulletin 11, Vol. 9, No. 11, S Corporations (February 9, 1994), p. 1.

Partnership Allocation Regs. Affect Contributions of Property, Vol. 2, No. 7, The M&A Tax Report (February 1994), p. 1.

Prop. Regs. Issued on Deduction Limits for Executive Compensation, Vol. 2, No. 7, The M&A Tax Report (February 1994), p. 7.

Don’t Forget to Monitor Corporate Stock Ownership, Bulletin 10, Vol. 9, No. 10, S Corporations (January 12, 1994), p. 6.

Hurry Up and Wait for S Corporation Reform Bill?, Bulletin 10, Vol. 9, No. 10, S Corporations (January 12, 1994), p. 6.

IRS Allows Different Owners to Re-Elect S Status Within Five Years, Bulletin 10, Vol. 9, No. 10, S Corporations (January 12, 1994), p. 5.

Still More Confusion Over Consents to Extend the Statute, Bulletin 10, Vol. 9, No. 10, S Corporations (January 12, 1994), p. 4.

More Flaps Over Consents to Extend the Statute of Limitations, Bulletin 10, Vol. 9, No. 10, S Corporations (January 12, 1994), p. 3.

Redemption of Stock Held by QSSTs O.K., Rules IRS, Bulletin 10, Vol. 9, No. 10, S Corporations (January 12, 1994), p. 3.

Dealing With Ambiguities in the Built-In Gain Tax, Bulletin 10, Vol. 9, No. 10, S Corporations (January 12, 1994), p. 1.

More Spinoffs in the News, Vol. 2, No. 6, The M&A Tax Report (January 1994), p. 2.

Huge Mellon/Dreyfus Deal Represents Pooling of Interests, Vol. 2, No. 6, The M&A Tax Report (January 1994), p. 4.

MISCELLANEOUS

Drawing the Line Between Vacation Homes and Rental Property, Vol. 12, No. 11, Real Estate Tax Digest (November 1994), p. 319.

Revenue Ruling 94-24, Notice 93-12, and the Post-Soliman Blues, Vol. 21, No. 4, Journal of Real Estate Taxation (Summer 1994), p. 334.

IRS Explains Its Soliman Two-Prong Home-Office Test, Vol. 27, No. 5, The Practical Accountant (May 1994), p. 55. Digested in March 1995, The Monthly Digest of Tax Articles, p. 1.

Ninth Circuit Validates Private Foundation/Charitable Lead Trust Planning, Vol. 80, No. 5, Journal of Taxation (May 1994), p. 290.

Home Office Deductions Require Extra Care, Vol. 21, No. 3, Journal of Real Estate Taxation (Spring 1994), p. 293.

A Checklist for Preserving Home Office Deductions, Vol. 12, No. 1, Real Estate Tax Digest (January 1994), p. 3.

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