1998

TOPICS:

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

 

 

TAXATION OF DAMAGE AWARDS

 

Scope of Personal Injury Tax Exclusion Still Clouded, Vol. 81, No. 13, Tax Notes (December 28, 1998), p. 1675. Simultaneously published in Vol. 11, No. 24, BNA’s Employment Discrimination Report (December 23, 1998), p. 857; and Tax Practice (Jan. 4, 1999), p. 12.

Musings on Reporting and Withholding, Vol. 81, No. 12, Tax Notes (December 21, 1998), p. 1575.

Disgorged Illegal Income From Insider Trading Not Deductible, Vol. 1, No. 34, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (December 18, 1998).

Title VII Awards Taxable, Argues Justice Department, Vol. 1, No. 34, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (December 18, 1998).

Another Case on Legal Fees Decided, Vol. 1, No. 34, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (December 18, 1998).

Problems Caused by the AMT: One Example, Vol. 81, No. 11, Tax Notes (December 14, 1998), p. 1437.

Scope of Personal Injury Tax Exclusion Still Crowded, Vol. 1, No. 33, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (December 1, 1998).

Involuntary Conversion Statute Applies, Vol. 1, No. 33, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (December 1, 1998).

Workers Compensation Payments Excludable, Vol. 1, No. 33, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (December 1, 1998).

Interest Always Taxable, Another Court Rules, Vol. 1, No. 33, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (December 1, 1998).

The Plight of the Plaintiff: The Tax Treatment of Legal Fees, Vol. 81, No. 7, Tax Notes (November 16, 1998), p. 907. Reprinted in Vol. 1, No. 34, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (December 18, 1998).

Settling Employers: Do You Withhold or Not?, Vol. 11, No. 18, BNA Employment Discrimination Report (November 4, 1998), p. 635.

RICO Settlement Proceeds Not Excludable, Vol. 1, No. 32, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (October 28, 1998).

Two More Important Attorneys’ Fee Decisions, Vol. 1, No. 32, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (October 28, 1998).

Section 468B Designated Settlement Fund Qualifies, Vol. 1, No. 32, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (October 28, 1998).

Another IBM Case, This Time in Circuit Court, Vol. 1, No. 32, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (October 28, 1998).

Interesting Questions Arise in Taxation of Settlements and Judgments, Vol. 1, No. 31, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (October 14, 1998).

Interesting Questions in Tax Treatment of Settlements and Judgments, Vol. 11, No. 14, BNA’s Employment Discrimination Report (October 7, 1998), p. 493.

Deduction for Legal Fees Denied, Vol. 1, No. 30, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (September 2, 1998).

Legal Fees Seen as Continuing Problem, Vol. 1, No. 30, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (September 2, 1998).

ERISA Settlement Held Taxable, Vol. 1, No. 30, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (September 2, 1998).

Another IBM Case Holds No Exclusion, Vol. 1, No. 30, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (September 2, 1998).

ERISA Settlement Held Taxable: Is There Any Room Left?, Vol. 11, No. 9, BNA Employment Discrimination Report (August 26, 1998), p. 312.

Transfer to Settlement Trust Ruled Taxable to Shareholders, Vol. 1, No. 29, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (August 5, 1998).

Excise Tax on Structured Settlement Transfers, Vol. 1, No. 29, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (August 5, 1998).

Breach of Contact Settlement Taxable, Vol. 1, No. 29, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (August 5, 1998).

Reporting to Attorneys, Vol. 1, No. 29, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (August 5, 1998).

Another Employment Settlement Held Taxable, Vol. 1, No. 29, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (August 5, 1998).

Another Case Holds Netting of Attorneys’ Fees Is OK, Vol. 1, No. 29, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (August 5, 1998).

Conspiracy Conviction Does Not Preclude Deductibility of Fees, Vol. 1, No. 29, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (August 5, 1998).

Severance Pay Held Not Excludable, Vol. 1, No. 29, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (August 5, 1998).

Legal Fees, Vol. 1, No. 28, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (July 15, 1998).

Obligation to Pay Tax on Settlement Funds Cannot Be Waived, Vol. 1, No. 28, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (July 15, 1998).

Tax Court Filing Seeks to Exclude Fraud Settlement, Vol. 1, No. 28, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (July 15, 1998).

Expenses Paid By One Corporation For Another Still Held Deductible, Vol. 1, No. 28, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (July 15, 1998).

Field Service Memoranda, Vol. 1, No. 27, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (June 3, 1998).

Releases Don’t Make Retirement Payments Excludable, Vol. 1, No. 27, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (June 3, 1998).

Family and Medical Leave Act Defendant Not Allowed to Withhold Taxes, Vol. 1, No. 25, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (May 20, 1998).

What Happens If Ordinary Emotional Distress Causes Great Injury?, Vol. 1, No. 25, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (May 20, 1998).

Legal Fees Must Be Capitalized, Vol. 1, No. 25, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (May 20, 1998).

No Deduction for Attorneys’ Fees of Ex-Spouse, Vol. 1, No. 25, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (May 20, 1998).

No Deduction for Legal Fees, Vol. 1, No. 25, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (May 20, 1998).

More Scrutiny on the Employment Discrimination Award Tax Relief Act, Vol. 1, No. 24, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (April 29, 1998).

Structured Settlements Discussed Recently, Vol. 1, No. 24, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (April 29, 1998).

Watch Out For Discharge of Indebtedness, Vol. 1, No. 24, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (April 29, 1998).

Another State Farm Discrimination Case Decided, Vol. 1, No. 24, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (April 29, 1998).

Tenth Circuit Finds Summary Judgment Improper on Excludability of Disability Retirement Benefits, Vol. 1, No. 24, Damage Awards Update 98-9, Tax Analysts Taxation of Damages Discussion Group (April 29, 1998).

Revenue Procedure Released on Environmental Clean-Up Costs, Vol. 1, No. 24, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (April 29, 1998).

Utility Held Not To Have Taxable Income On Construction Of Facility, Vol. 1, No. 23, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (March 24, 1998).

Payment For Cards By Ex-Husband Held Not Alimony, Vol. 1, No. 23, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (March 24, 1998).

Payment For Cars By Ex-Husband Held Not Alimony, Vol. 1, No. 23, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (March 24, 1998).

Settlement Held To Be Qualified Assignment Under Section 130, Vol. 1, No. 23, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (March 24, 1998).

Corporation Cannot Receive Section 104 Payment, Vol. 1, No. 23, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (March 24, 1998).

Legal Fees Paid By Defendant To Plaintiff’s Lawyer Ruled Taxable To Plaintiff, Vol. 1, No. 23, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (March 24, 1998).

Injury Award Held Includable In Decedent’s Estate, Vol. 1, No. 23, Damage Awards Update, Tax Analysts Taxation of Damages Discussion Group (March 24, 1998).

The Taxing Matter of Bill’s Legal Bills, Vol. 78, No. 12, Tax Notes (March 23, 1998), p. 1567.

Evidentiary Matters Regarding Settlement Agreements, Vol. 1, No. 22, Damage Awards Update 98-5, Tax Analysts Taxation of Damages Discussion Group (March 5, 1998).

Alimony Rules and Tax Planning, Vol. 1, No. 22, Damage Awards Update 98-5, Tax Analysts Taxation of Damages Discussion Group (March 5, 1998).

Watch Out Assigning Assets in Divorce, Vol. 78, No. 9, Tax Notes (March 2, 1998), p. 1185. Reprinted in Vol. 1, No. 20, Damage Awards Update 98-3, Tax Analysts Taxation of Damages Discussion Group (February 4, 1998).

Deducting Attorneys’ Fees – Even Criminals Do It, Vol. 1, No. 21, Damage Awards Update 98-4, Tax Analysts Taxation of Damages Discussion Group (February 18, 1998).

Retroactivity and Changes to Section 104, Vol. 1, No. 20, Damage Awards Update 98-3, Tax Analysts Taxation of Damages Discussion Group (February 4, 1998).

Doubt Resolved Against Section 104 Applicability to Attorneys’ Settlement, Vol. 1, No. 20, Damage Awards Update 98-3, Tax Analysts Taxation of Damages Discussion Group (February 4, 1998).

Procedural Guidance on Environmental Clean-Up Costs, Vol. 1, No. 20, Damage Awards Update 98-3, Tax Analysts Taxation of Damages Discussion Group (February 4, 1998).

That 1099 Quandary, Vol. 1, No. 20, Damage Awards Update 98-3, Tax Analysts Taxation of Damages Discussion Group (February 4, 1998).

Watch the AMT, Vol. 1, No. 19, Damage Awards Update 98-2, Tax Analysts Taxation of Damages Discussion Group (January 21, 1998).

Rhode Island in the News, Vol. 1, No. 19, Damage Awards Update 98-2, Tax Analysts Taxation of Damages Discussion Group (January 21, 1998).

Termination Pay Also Not Excludable, Vol. 1, No. 19, Damage Awards Update 98-2, Tax Analysts Taxation of Damages Discussion Group (January 21, 1998).

Another State Farm Settlement Taxable, Vol. 1, No. 19, Damage Awards Update 98-2, Tax Analysts Taxation of Damages Discussion Group (January 21, 1998).

Consider Alimony vs. Property Settlements, Vol. 1, No. 19, Damage Awards Update 98-2, Tax Analysts Taxation of Damages Discussion Group (January 21, 1998).

Claim-of-Right Doctrine Used by Ninth Circuit, Vol. 1, No. 19, Damage Awards Update 98-2, Tax Analysts Taxation of Damages Discussion Group (January 21, 1998).

More Tax Court Cases Coming, Vol. 1, No. 18, Damage Awards Update 98-1, Tax Analysts Taxation of Damages Discussion Group (January 7, 1998).

How Much Can You Use Non-Tax Law?, Vol. 1, No. 18, Damage Awards Update 98-1, Tax Analysts Taxation of Damages Discussion Group (January 7, 1998).

Army Also Doesn’t Pay Excludable Damages, Vol. 1, No. 18, Damage Awards Update 98-1, Tax Analysts Taxation of Damages Discussion Group (January 7, 1998).

Interest In Divorce Settlements?, Vol. 1, No. 18, Damage Awards Update 98-1, Tax Analysts Taxation of Damages Discussion Group (January 7, 1998).

Severance Payments Held Nonexcludable, Vol. 1, No. 18, Damage Awards Update 98-1, Tax Analysts Taxation of Damages Discussion Group (January 7, 1998).

A New Letter Ruling on Tax Treatment of Settlement for Union’s Breach of Duty, Vol. 1, No. 18, Damage Awards Update 98-1, Tax Analysts Taxation of Damages Discussion Group (January 7, 1998).

MERGERS AND ACQUISITIONS

Gifting Stock Options, Vol. 7, No. 5, The M&A Tax Report (December 1998), p. 1.

Spinoffs and the All-Important Business Purpose, Vol. 7, No. 5, The M&A Tax Report (December 1998), p. 1; abstracted as How to Satisfy the Business Purpose Test for Tax-Free Spinoffs, Vol. 10, No. 3, Bowne Review for CFOs & Investment Bankers (January 1999), p. 4.

Spins and No Spins, Vol. 7, No. 5, The M&A Tax Report (December 1998), p.7.

Phantom Stock Payments Made During Redemption Held Deductible, Vol. 7, No. 5, The M&A Tax Report (December 1998), p.8.

Tax Benefits of Covenants Not to Compete, by Robert Willens and Robert W. Wood, Vol. 7, No. 4, The M&A Tax Report (November 1998), p. 1.

AMP Poison Pill Toughened: Consider Tax Effects, Vol. 7, No. 4, The M&A Tax Report (November 1998), p.6.

Book Review: The Year 2000 Legal Guide, Vol. 7, No. 4, The M&A Tax Report (November 1998), p. 7.

Sale of Law Practice Goodwill May Have Negative Tax Consequences, Vol. 24, No. 3, The Montana Lawyer (November 1998), p. 25.

Valuing Stock: Taxing Issues Part II, Vol. 7, No. 3, The M&A Tax Report (October 1998), p. 1.

A Tax-Free Corporation Liquidation?, Vol. 7, No. 2, The M&A Tax Report (September 1998), p. 4.

Dealing With Liabilities Excess of Basis Under Section 351, Vol. 7, No. 2, The M&A Tax Report (September 1998), p. 5.

Tax Break When Buying S Corp. Assets, Vol. 9, No. 10, Bowne Review for CFOs & Investment Bankers (September 1998), p. 3; abstracted from Acquiring an S Corporation, by Robert Willens and Robert W. Wood, Vol. 6, No. 12, The M&A Tax Report (July 1998), p. 1.

Valuing Stock: Does the Built-in Tax Hit Count?, Vol. 7, No. 1, The M&A Tax Report (August 1998), p. 1.

Book Review: The Best in Securities Offerings, Vol. 7, No. 1, The M&A Tax Report (August 1998), p. 7.

Using Partnerships in Corporate Transactions, Vol. 7, No. 1, The M&A Tax Report (August 1998), p. 8.

Poison Pill Plans are Popping, Vol. 9, Nos. 9 & 10, Bowne Review for CFOs & Investment Banders (July – August 1998), p. 8; abstracted from More Poison Pill Plans, Vol. 6, No. 11, The M&A Tax Report (June 1998), p. 1.

Acquiring an S Corporation, by Robert Willens and Robert W. Wood, Vol. 6, No. 12, The M&A Tax Report (July 1998), p. 1.

Poison, Chewable Pills, and More, Vol. 6, No. 12, The M&A Tax Report (July 1998), p. 4.

More Spins in the News, Vol. 6, No. 12, The M&A Tax Report (July 1998), p. 8.

More Poison Pill Plans, Vol. 6, No. 11, The M&A Tax Report (June 1998), p. 1.

Port-a-Potties Mired in Former Owners’ Problems, Vol. 6, No. 11, The M&A Tax Report (June 1998), p. 4.

Successor Liability in Bank Acquisition, Vol. 6, No. 10, The M&A Tax Report (May 1998), p. 1.

Fluctuating REIT Fortunes, Vol. 6, No. 10, The M&A Tax Report (May 1998), p. 5.

Watch Out for Breach of Fiduciary Duty Claims After Merger, Vol. 6, No. 10, The M&A Tax Report (May 1998), p. 6.

More Spins in the News, Vol. 6, No. 10, The M&A Tax Report (May 1998), p. 7.

Even More Rewarding Golden Parachutes, Vol. 6, No. 10, The M&A Tax Report (May 1998), p. 8.

Attorney/Client Privilege and Work Product Doctrines, Vol. 6, No. 9, The M&A Tax Report (April 1998), p. 1.

Final Regs on Installment Obligations in Liquidation, Vol. 6, No. 9, The M&A Tax Report (April 1998), p. 6.

More Spins in the News, Vol. 6, No. 9, The M&A Tax Report (April 1998), p. 7.

Continuity of Business Enterprise/Continuity of Interest Regs, by Robert Willens and Robert W. Wood, Vol. 6, No. 8, The M&A Tax Report (March 1998), p. 1.

New “Golden Bungee” Device to ITT Executives, Vol. 6, No. 8, The M&A Tax Report (March 1998), p. 5.

Spinoff Ruling Revoked, Vol. 6, No. 8, The M&A Tax Report (March 1998), p. 7.

Spinoff Trends: Business Purpose, Serial Spinoffs and Capital Transactions, by Robert Willens and Robert W. Wood, Vol. 6, No. 7, The M&A Tax Report (February 1998), p. 1.

Regulations on Stock Rights and Nonqualified Preferred Stock, Vol. 6, No. 7, The M&A Tax Report (February 1998), p. 6.

Book Review: Securities Regulation in Cyberspace, Vol. 6, No. 7, The M&A Tax Report (February 1998), p. 8.

Spinoffs and Filling the Business Purpose Requirement, Vol. 6, No. 6, The M&A Tax Report (January 1998), p. 1.

Buy Me, I’m Deductible, Vol. 6, No. 6, The M&A Tax Report (January 1998), p. 5.

Book Review: The Best in D&O Duties and Liabilities, Vol. 6, No. 6, The M&A Tax Report (January 1998), p. 6.

Liquidation Fails to Trigger Ownership Change Under Parachute Rules, Vol. 6, No. 6, The M&A Tax Report (January 1998), p. 7.

MISCELLANEOUS

Charitable Contributions of Property/Home Office Deductions, Vol. 26, No. 1, Journal of Real Estate Taxation (Fall 1998), p. 62.

Be Careful When Making Gifts of Limited Partnership Interests, Vol. 16, No. 8, Real Estate Tax Digest (August 1998).

Charitable Contributions and Bargain Sales of Real Estate Continue to Proliferate, Vol. 25, No. 4, Journal of Real Estate Taxation (Summer 1998), p. 380.

Kudos for Tax Analysts, Vol. 78, No. 10, Tax Notes (March 9, 1998), p. 1329.

Watch Out Assigning Assets in Divorce, Vol. 78, No. 9, Tax Notes (March 2, 1998), p. 1185.

Deducting Home Office Expenses After the ’97 Act: Congress Gets Solomonic, Vol. 16, No. 2, Real Estate Tax Digest (February 1998), p. 53. Reprinted in Vol. 1998, No. 4 ,California Real Estate Reporter (April 1998), p. 1.

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