2009

TOPICS:

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

 

 

TAXATION OF DAMAGE AWARDS

 

Que Sera, Sera: Deducting Legal Fees, Vol. 125, No. 10, Tax Notes (December 07, 2009), p. 1115.

To Withhold or Not to Withhold on Settlements?, Vol. 125, No. 8, Tax Notes (November 23, 2009), p. 925.

Sausage, Capital Gain, and Settlement Payments, Vol. 125, No. 4, Tax Notes (October 26, 2009), p. 413.

Wood Responds to Critique of His Article, Vol. 125, No. 1, Tax Notes (October 5, 2009), p. 155.

Bruises, Settlements, and the Proposed 104 Regs, Vol. 124, No. 13, Tax Notes (September 28, 2009), p. 1337.

IRS Speaks Out on Employment Lawsuit Settlements, Vol. 124, No. 11, Tax Notes (September 14, 2009), p. 1091.

Tackling Post-Settlement Tax Issues, Vol. 40, No. 9, The Marin Lawyer (September 2009), p. 5.

Tax on Employment Settlements Addressed by IRS, Vol. 11, No. 4, Journal of Tax Practice & Procedure (August/September 2009), p. 51.

Top Ten Tenets for Trial Lawyers, Vol. 35, No. 4, Litigation, The Journal of the Section of Litigation, American Bar Association (Summer 2009), p. 38.

Ten Tax Rules To Keep In Mind, The Employee Advocate (Spring/Summer 2009), p. 37.

Third Circuit Upholds Tax Gross-Up To Damages Award, The Employee Advocate (Spring/Summer 2009), p. 28.

The QSF, The Employee Advocate (Spring/Summer 2009), p. 25.

Legal Fee Structures Can Hedge the Insecurities Many Lawyers Face, Los Angeles Daily Journal (August 28, 2009), p. 6. Simultaneously published in San Francisco Daily Journal (August 28, 2009), p. 6.

Deducting Stock Offering Lawsuit Settlements, Vol. 124, No. 7, Tax Notes (August 17, 2009), p. 671.

Qualified Settlement Funds: A Mechanism Whose Time Has Come, Los Angeles Daily Journal (July 23, 2009), p. 6. Simultaneously published in San Francisco Daily Journal (July 23, 2009), p. 6.

Should False Imprisonment Damages Be Taxable?, New York State Bar Association Journal (July/August 2009), p. 38.

Why Punitive Damages Should Remain Deductible, Vol. 124, No. 2, Tax Notes (July 13, 2009), p. 149.

One More Thing About the General Welfare Exception, Vol. 124, No. 1, Tax Notes (July 6, 2009), p. 83.

Damages Awards for Wrongful Imprisonment Should Be Tax-Free, Los Angeles Daily Journal (June 30, 2009), p. 6. Simultaneously published in San Francisco Daily Journal (June 30, 2009), p. 6.

Updating General Welfare
Exception Authorities
, Vol. 123, No. 12, Tax Notes (June 22, 2009), p. 1443.

Please Shelve Anti-Childs Proposals, Vol. 123, No. 11, Tax Notes (June 15, 2009), p. 1363.

Why False Imprisonment Recoveries Should Not Be Taxable, Vol. 123, No. 10, Tax Notes (June 8, 2009), p. 1217. Reprinted with permission in Vol. 20, No. 9, Prison Legal News (September 2009), p. 16.

Be Ready for Post-Settlement Tax Issues, Vol. 45, No. 6, Trial (June 2009), p. 32.

What to Tell Plaintiff Lawyers About Deducting Client Costs, The Successful California Accountant (Spring 2009), p. 6.

It’s All About the Proof, Vol. 123, No. 8, Tax Notes (May 25, 2009), p. 1007.

Getting Additional Damages for Adverse Tax Consequences, Vol. 123, No. 4, Tax Notes (April 27, 2009), p. 423.

Attorney Fees: To Deduct or Not to Deduct, Vol. 123, No. 1, Tax Notes (April 6, 2009), p. 65.

Ten Tax Rules Litigators Should Know, California Bar Journal (April 2009), p. 14.

IRS Rules Insurance Bad-Faith Recovery Is Tax Free, Vol. 122, No. 10, Tax Notes (March 9, 2009), p. 1229.

When Litigation Settlements Face Fine or Capital Treatments, Vol. 122, No. 6, Tax Notes (February 9, 2009), p. 736.

Ten Tax Rules Litigators Should Know, Vol. 9, No. 21, Daily Tax Report (February 4, 2009), p. 1.

Are All Settlement Payments Deductible?, Vol. 36, No. 2, Texas Tax Lawyer (February 2009), p. 34.

Attorney Fees in Class Actions When Plaintiffs Are Taxed Too, Vol. 18, No. 3, Business Law Today (January/February 2009), p. 1.

Can Clients Save Taxes by “Partnership” With Lawyers?, Vol. 18, No. 1, California Tax Lawyer (Winter 2009), p. 13.

Cleaning Up: Tax Deductions for Restitution, Fines, and Penalties, Vol. 122, No. 4, Tax Notes (January 26, 2009), p.489.

A Taxing Process, Los Angeles Daily Journal (January 13, 2009), p. 5. Simultaneously published in San Francisco Daily Journal (January 13, 2009), p. 5.

Ten Things Attorneys Should Know About Deducting Client Costs, Vol. 9, No. 5, Daily Tax Report (January 9, 2009), p. 1.

Single-Claimant Qualified (468B)
Settlement Funds?
, Vol. 122, No. 1, Tax Notes (January 5, 2009), p. 71.

MERGERS AND ACQUISITIONS

Deal Interrupted: Payments to Modify Stock Purchase Payments, Vol. 18, No. 5, The M&A Tax Report (December 2009), p. 5.

M&A: What You Need to Know Now 2009, by David Libman, Richard Tay and Christopher Karachale, Vol. 18, No. 5, The M&A Tax Report (December 2009), p. 3.

Transformers: Beware Built-in Gains, Vol. 18, No. 5, The M&A Tax Report (December 2009), p. 1.

General Utilities Redux?, Vol. 18, No. 4, The M&A Tax Report (November 2009), p. 8.

Sales and Code Sec. 1234A, Vol. 18, No. 4, The M&A Tax Report (November 2009), p. 5.

Plowing Through Schering-Plough, Vol. 18, No. 4, The M&A Tax Report (November 2009), p. 1.

Personal and Transferee Liabilities, Vol. 18, No. 3, The M&A Tax Report (October 2009), p. 7.

Yet Another Risk About ESOP Transactions?, Vol. 18, No. 3, The M&A Tax Report (October 2009), p. 6.

Nixed ESOP Redemption Payments, Vol. 18, No. 3, The M&A Tax Report (October 2009), p. 5.

Repurchase Nuances and Code Sec. 83, Vol. 18, No. 3, The M&A Tax Report (October 2009), p. 4.

Textron, Work Product and Corporate Deals, Vol. 18, No. 3, The M&A Tax Report (October 2009), p. 1.

When Deductible Fees Become Capital Contributions, Vol. 18, No. 2, The M&A Tax Report (September 2009), p. 6.

Tax Credits and the Cohan Rule, Vol. 18, No. 1, The M&A Tax Report (August 2009), p. 7.

Golden Parachute Guidance, Vol. 18, No. 1, The M&A Tax Report (August 2009), p. 5.

Back-to-Back Loans, S Corporations and Basis, Vol. 18, No. 1, The M&A Tax Report (August 2009), p. 4.

Deductible Termination Fees?, Vol. 18, No. 1, The M&A Tax Report (August 2009), p. 1.

Step Doctrine Ruling Can Cause Consternation for Dealmakers, Bowne Review for Dealmakers (August 2009), p. 3.

Easier 355 Rulings, Vol. 17, No. 12, The M&A Tax Report (July 2009), p. 5.

More Economic Substance Woes: Part II, Vol. 17, No. 12, The M&A Tax Report (July 2009), p. 4.

Sham Wow: Economic Substance and a New Sunrise, Vol. 17, No. 12, The M&A Tax Report (July 2009), p. 1.

Stock Offering Lawsuit Settlement Held Deductible, Vol. 17, No. 11, The M&A Tax Report (June 2009), p. 6.

Book Review: Structuring Venture Capital, Private Equity, and Entrepreneurial Transactions by Jack Levin, Vol. 17, No. 11, The M&A Tax Report (June 2009), p. 4.

ALI-ABA Course of Study: Corporate Taxation, by Richard I. Tay, Vol. 17, No. 11, The M&A Tax Report (June 2009), p. 3.

More Economic Substance Woes: Part I, Vol. 17, No. 11, The M&A Tax Report (June 2009), p. 1.

Using Attenuated NOL Carrybacks, Vol. 17, No. 10, The M&A Tax Report (May 2009), p. 7.

Book Review: Mergers, Acquisitions, and Buyouts by Martin D. Ginsburg and Jack S. Levin, Vol. 17, No. 10, The M&A Tax Report (May 2009), p. 5.

More on ESOP Redemption Deductions, Vol. 17, No. 10, The M&A Tax Report (May 2009), p. 5.

Deducting Pay Give-Backs, Vol. 17, No. 10, The M&A Tax Report (May 2009), p. 2.

Intangible Swaps Okay’ed, Vol. 17, No. 10, The M&A Tax Report (May 2009), p. 1.

Funny Money: Deducting “Reasonable” Compensation, Vol. 17, No. 9, The M&A Tax Report (April 2009), p. 5.

382 Bailout Guidance, Vol. 17, No. 9, The M&A Tax Report (April 2009), p. 4.

On the Cutting Edge of Capitalization, Vol. 17, No. 9, The M&A Tax Report (April 2009), p. 3.

The Acquisition Two-Step, Vol. 17, No. 9, The M&A Tax Report (April 2009), p. 1.

More “Midco” Transaction Advice: Part II, Vol. 17, No. 8, The M&A Tax Report (March 2009), p. 6.

Eighth Circuit Has General Mills for Breakfast, Vol. 17, No. 8, The M&A Tax Report (March 2009), p. 1.

More “Midco” Transaction Advice: Part I, Vol. 17, No. 7, The M&A Tax Report (February 2009), p. 7.

Shouldn’t All Legal Fees Be Deductible?, Vol. 17, No. 7, The M&A Tax Report (February 2009), p. 4.

Continuity of Interest and Creditors, by Robert W. Wood and David E. Libman, Vol. 17, No. 7, The M&A Tax Report (February 2009), p. 1.

The Other Side of the “Reasonable Compensation” Coin, Vol. 17, No. 6, The M&A Tax Report (January 2009), p. 6.

Reconsidering Rescission, by David E. Libman, Vol. 17, No. 6, The M&A Tax Report (January 2009), p. 4.

Presto Chango, or Successor Liability, Vol. 17, No. 6, The M&A Tax Report (January 2009), p. 1.

INDEPENDENT CONTRACTOR STATUS

Independent Contractor or Employee: Guidelines to Ensure Compliance, by Richard Tay, Vol. 18, No. 5, The M&A Tax Report (December 2009), p. 7.

Pole Dancers: Employees or Contractors?, Vol. 125, No. 6, Tax Notes (November 9, 2009), p. 673.

IRS Pointers on Worker Classification, Vol. 37, No. 1, Texas Tax Lawyer (Fall 2009), p. 8.

Ten Things GAO Has to Say About Employee Contractor Misclassification, Vol. 9, No. 195, Daily Tax Report (October 13, 2009), p. J-1.

Bada-bing: Exotic Dancers, Wages and the IRS, Los Angeles Daily Journal (September 29, 2009), p. 6. Simultaneously published in San Francisco Daily Journal (September 29, 2009), p. 6.

IRS Gives 10 Tips on Employees Versus Independent Contractors, Vol. 9, No. 172, Daily Tax Report (September 9, 2009), p. J-1.

Ten Things IRS Wants Workers to Consider When Contractors Become Employees, Vol. 9, No. 156, Daily Tax Report (August 17, 2009), p. J-1.

Ten More Consequences of Reclassifying Independent Contractors as Employees, Vol. 9, No. 140, Daily Tax Report (July 24, 2009), p. J-1.

Review: Crafting Independent Contractor Agreements, reviewed by Chris Welsch, Vol. 17, No. 12, The M&A Tax Report (July 2009), p. 6.

Ten Consequences of Reclassifying Independent Contractors as Employees, Vol. 9, No. 123, Daily Tax Report (June 30, 2009), p. J-1.

Legal Requirements That Influence Control
of Independent Contractors and Employees
, Vol. 81, No. 2, New York State Bar Association Journal (February 2009), p. 36.

New Age Scrutiny on Employee vs. Contractor Liabilities, Vol. 2, State Bar of California Business Law News (2009), p. 11.

Employee Versus Independent Contractor Determinations Can Be Difficult in Cases Involving ‘Of Counsel’ Lawyers, Vol. 24, No. 1, BNA Corporate Counsel Weekly (January 7, 2009), p. 8.

How Workplace Laws Influence Contractor vs. Employee Controversies, National Employment Lawyers Association (Fall 2008/Winter 2009), p. 131.

Independent Contractor vs. Employee and Blackwater, Vol. 70, No. 1, Montana Law Review (Winter 2009), p. 93.

MISCELLANEOUS

When An Innocent Spouse Seeks Tax Relief, Forbes.com (December 11, 2009). Also published in Investopedia.com (December 14, 2009).

The ABCs of Hobby Losses and Profit Motive, Vol. 25, No. 12, BNA Tax Management Real Estate Journal (December 2, 2009), p. 315.

Don’t Try This at Home: The ABCs of Home Office Or Vacation Home Rental Deductions, Vol. 25, No. 12, BNA Tax Management Real Estate Journal (December 2, 2009), p. 310.

Navigating California’s Tax System, Los Angeles Daily Journal (December 2, 2009), p. 6. Simultaneously published in San Francisco Daily Journal (December 2, 2009), p. 6.

What If a Taxpayer Doesn’t Have Receipts?, Forbes.com (November 24, 2009).

Regifiting: Obama, the Nobel Prize and the IRS, Forbes.com (November 19, 2009).

Do You Barter? The IRS Wants Its Cut, Forbes.com (November 11, 2009).

Ten Ways to Audit Proof Your Tax Return, Forbes.com (November 3, 2009).

Tax Breaks For Alcoholics, But Not Weight Watchers, Forbes.com (October 27, 2009).

Three Big Tax Mistakes You Make Every Day, Forbes.com (October 23, 2009).

When You’ve Got Taxable Income But No Cash, Forbes.com (October 12, 2009).

Even The IRS Has Time Limits, Forbes.com (October 8, 2009).

Ten Things to Keep in Mind as Offshore Amnesty Deadline Nears, Vol. 9, No. 188, Daily Tax Report (October 1, 2009), p. J-1.

Tax Amnesty Deadline Extended, Los Angeles Daily Journal (September 24, 2009), p. 5. Simultaneously published in San Francisco Daily Journal (September 24, 2009), p. 5.

Why Hire a Tax Expert?, Los Angeles Daily Journal (September 18, 2009), p. 6. Simultaneously published in San Francisco Daily Journal (September 18, 2009), p. 6.

Ruling is a Frightening Step Back for Taxpayers’ Privacy Rights, Los Angeles Daily Journal (September 2, 2009), p. 6. Simultaneously published in San Francisco Daily Journal (September 2, 2009), p. 6.

Why Litigators Need Tax Experts, Vol. 124, No. 9, Tax Notes (August 31, 2009), p. 885.

Foreign Assets — Your Clients’ Reporting Requirements, by David B. Porter, San Francisco Attorney (Summer 2009), p. 40.

When the Service Claims Compensation is Unreasonable, Vol. 28, No. 4, NewsQuarterly, American Bar Association Section of Taxation (Summer 2009), p. 12.

Ways to Steer Clear of IRS Tax Disputes, New York State Bar Association Journal (June 2009), p. 33.

Do You Have a Client Who Owns a Foreign Account, a Foreign Trust, or Foreign Stock? If You Do, Your Client Has Some Reporting to Do, by David B. Porter, The Successful California Accountant (Spring 2009), p. 14.

Tax Limericks, Vol. 123, No. 9, Tax Notes (June 1, 2009), p. 1151.

Ten Things You Need to Know About Return Preparer Penalties, Vol. 9, No. 99, Daily Tax Report (May 22, 2009), p. 1. Reprinted with permission in Tax Management Weekly Tax Report (June 1, 2009).

Ten Things You Need to Know About ‘Reasonable’ Compensation, Vol. 9, No. 68, Daily Tax Report (April 13, 2009), p. 1.

Giving Back Bonuses: Easy; Getting Tax Deductions: Priceless, Vol. 123, No. 2, Tax Notes (April 13, 2009), p. 185.

Alternative Approaches to Subtrust Funding in a Declining Economy, by David E. Libman, Journal of Practical Estate Planning (December 2008 – January 2009), p. 41.

TAX COLUMNS IN FORBES

When An Innocent Spouse Seeks Tax Relief, Forbes.com (December 11, 2009).

What If A Taxpayer Doesn’t Have Receipts?, Forbes.com (November 24, 2009).

Regifiting: Obama, The Nobel Prize And The IRS, Forbes.com (November 19, 2009).

Do You Barter? The IRS Wants Its Cut, Forbes.com (November 11, 2009).

Ten Ways to Audit Proof Your Tax Return, Forbes.com (November 3, 2009).

Tax Breaks For Alcoholics, But Not Weight Watchers, Forbes.com (October 27, 2009).

Three Big Tax Mistakes You Make Every Day, Forbes.com (October 23, 2009).

When You’ve Got Taxable Income But No Cash, Forbes.com (October 12, 2009).

Even The IRS Has Time Limits, Forbes.com (October 8, 2009).

 

 

 

TAX COLUMNS IN DAILY JOURNAL

 

Legal Fee Structures Can Hedge the Insecurities Many Lawyers Face, Los Angeles Daily Journal (August 28, 2009), p. 6. Simultaneously published in San Francisco Daily Journal (August 28, 2009), p. 6.

Qualified Settlement Funds: A Mechanism Whose Time Has Come, Los Angeles Daily Journal (July 23, 2009), p. 6. Simultaneously published in San Francisco Daily Journal (July 23, 2009), p. 6.

Damages Awards for Wrongful Imprisonment Should Be Tax-Free, Los Angeles Daily Journal (June 30, 2009), p. 6. Simultaneously published in San Francisco Daily Journal (June 30, 2009), p. 6.

A Taxing Process, Los Angeles Daily Journal (January 13, 2009), p. 5. Simultaneously published in San Francisco Daily Journal (January 13, 2009), p. 5.

Bada-bing: Exotic Dancers, Wages and the IRS, Los Angeles Daily Journal (September 29, 2009), p. 6. Simultaneously published in San Francisco Daily Journal (September 29, 2009), p. 6.

Navigating California’s Tax System, Los Angeles Daily Journal (December 2, 2009), p. 6. Simultaneously published in San Francisco Daily Journal (December 2, 2009), p. 6.

Tax Amnesty Deadline Extended, Los Angeles Daily Journal (September 24, 2009), p. 5. Simultaneously published in San Francisco Daily Journal (September 24, 2009), p. 5.

Why Hire a Tax Expert?, Los Angeles Daily Journal (September 18, 2009), p. 6. Simultaneously published in San Francisco Daily Journal (September 18, 2009), p. 6.

Ruling is a Frightening Step Back for Taxpayers’ Privacy Rights, Los Angeles Daily Journal (September 2, 2009), p. 6. Simultaneously published in San Francisco Daily Journal (September 2, 2009), p. 6.

Articles