David E Kahen

June 16, 2016 | New York Law Journal

In their Taxation column, David E. Kahen and Elliot Pisem of Roberts & Holland delve into two recent IRS Office of Chief Counsel memoranda concerning the disallowance as deductions under IRC §162(f) of amounts that would otherwise constitute ordinary and necessary business expenses, where the amount is a "fine or similar penalty paid to a government" and otherwise within the scope of that provision.

By David E. Kahen and Elliot Pisem

10 minute read

April 21, 2016 | New York Law Journal

In their Taxation column, Elliot Pisem and David E. Kahen discuss a recent notice of proposed rulemaking issued by the IRS and Treasury issued setting forth Proposed Regulations under §385. The Proposed Regulations would characterize certain debt instruments issued by corporations (or certain related non-corporate entities) to related persons as stock for federal tax purposes.

By Elliot Pisem and David E. Kahen

20 minute read

February 18, 2016 | New York Law Journal

In their Taxation column, Elliot Pisem and David E. Kahen discuss a recent decision of the Tax Court, which indicates that a shareholder may be required to recognize and pay tax on a surprisingly large amount of gain, at least absent planning that might achieve a more favorable outcome.

By Elliot Pisem and David E. Kahen

10 minute read

December 17, 2015 | New York Law Journal

In their Taxation column, David E. Kahen and Elliot Pisem discuss a recent Ninth Circuit decision that agreed with the government position that a policyholder's basis in the stock did not include any part of the premiums paid by the policyholder for insurance, and concluded that the entire proceeds from the subsequent sale of the stock by the policyholder constituted gain.

By David E. Kahen and Elliot Pisem

11 minute read

December 16, 2015 | New York Law Journal

In their Taxation column, David E. Kahen and Elliot Pisem discuss a recent Ninth Circuit decision that agreed with the government position that a policyholder's basis in the stock did not include any part of the premiums paid by the policyholder for insurance, and concluded that the entire proceeds from the subsequent sale of the stock by the policyholder constituted gain.

By David E. Kahen and Elliot Pisem

11 minute read

October 15, 2015 | New York Law Journal

In their Taxation column, Elliot Pisem and David E. Kahen discuss a recent Tax Court decision addressing whether a company engaged primarily in the sale of "residual value insurance" with respect to property such as automobiles, commercial real estate, and commercial equipment may compute its income under favorable IRC provisions relating to "insurance companies."

By Elliot Pisem and David E. Kahen

11 minute read

August 20, 2015 | New York Law Journal

In his Taxation column, David E. Kahen discusses two decisions addressing situations where amounts were paid with respect to stock or stock options previously issued to an executive of the corporation, and either the executive or the corporation sought more favorable tax treatment with respect to the amounts paid than would have been expected based on prior tax reporting positions by the same or related taxpayers.

By David E. Kahen

12 minute read

August 19, 2015 | New York Law Journal

In his Taxation column, David E. Kahen discusses two decisions addressing situations where amounts were paid with respect to stock or stock options previously issued to an executive of the corporation, and either the executive or the corporation sought more favorable tax treatment with respect to the amounts paid than would have been expected based on prior tax reporting positions by the same or related taxpayers.

By David E. Kahen

12 minute read

June 18, 2015 | New York Law Journal

In their Taxation column, Elliot Pisem and David E. Kahen discuss 'Batchelor-Robjohns', which serves as yet another reminder of the numerous potential pitfalls that can frustrate an attempt to obtain relief under §1341 from the harsh income tax results otherwise often attributable to the annual tax accounting principle that is a foundation of income tax accounting.

By Elliot Pisem and David E. Kahen

10 minute read

June 17, 2015 | New York Law Journal

In their Taxation column, Elliot Pisem and David E. Kahen discuss 'Batchelor-Robjohns', which serves as yet another reminder of the numerous potential pitfalls that can frustrate an attempt to obtain relief under §1341 from the harsh income tax results otherwise often attributable to the annual tax accounting principle that is a foundation of income tax accounting.

By Elliot Pisem and David E. Kahen

10 minute read