David E Kahen

December 19, 2013 | New York Law Journal

In their Taxation column, Elliot Pisem and David E. Kahen, members of Roberts & Holland, write: It may come as a surprise that the transfer of a business to a corporation for a combination of stock and cash may lead to a worse result in terms of character of income (more specifically, to ordinary income rather than capital gain) than would a sale to the same assets to an unrelated third party. A recent Tax Court memorandum decision illustrates how this might occur.

By Elliot Pisem and David E. Kahen

12 minute read

October 18, 2012 | New York Law Journal

In their Taxation column, David E. Kahen and Elliot Pisem, memebers of Roberts & Holland, write that many trusts commonly encountered in the context of the funding of pensions and other forms of deferred compensation in the United States permit employees to defer income until it is received by them.

By David E. Kahen and Elliot Pisem

10 minute read

February 21, 2013 | New York Law Journal

In their Taxation column, David E. Kahen and Elliot Pisem, members of Roberts & Holland, review a recent Tax Court decision that merits close reading by any law firm that treats expenses advanced for clients in pending contingency fee litigation matters as currently deductible expenses rather than as loans.

By David E. Kahen and Elliot Pisem

11 minute read

June 21, 2012 | New York Law Journal

In their Taxation column, David E. Kahen and Elliot Pisem, members of Roberts & Holland, write that the Federal Circuit's rejection of the associated property rule has the potential for substantially increasing the amounts of interest that may be deducted currently by property owners engaging in production activities.

By David E. Kahen and Elliot Pisem

12 minute read

December 15, 2011 | New York Law Journal

In their Taxation column, Roberts & Holland members Elliot Pisem and David E. Kahen discuss the recent 'Dagres' opinion and how an individual who makes a loan to a corporation, while simultaneously serving as an employee of, and owning stock in, the corporation, may suffer from the "nonbusiness debt" taint if the loan goes bad.

By Elliot Pisem and David E. Kahen

13 minute read

April 18, 2013 | New York Law Journal

In their Taxation column, David E. Kahen and Elliot Pisem, members of Roberts & Holland, contrast approaches taken in three recent decisions, and explain how the resolution of this seemingly narrow issue may also be relevant in other circumstances in which a single "item" of property is divided into two or more parts before a disposition of one portion or the other.

By David E. Kahen and Elliot Pisem

11 minute read

June 20, 2013 | New York Law Journal

In their Taxation column, Elliot Pisem and David E. Kahen, members of Roberts & Holland, write that the Third Circuit recently sustained the right of the S corporation and its shareholder to revoke the parent entity's S election during bankruptcy, reversing a lower court's decision.

By Elliot Pisem and David E. Kahen

12 minute read

December 20, 2012 | New York Law Journal

In their Taxation column, David E. Kahen and Elliot Pisem, members of Roberts & Holland, analyze a case which involved a taxpayer's effort to shift an unrealized capital loss from the taxpayer to a corporation that had recognized a large capital gain, so that the loss could be used to offset the gain, an important and timely reminder of the continued vitality of the step transaction doctrine.

By David E. Kahen and Elliot Pisem

10 minute read

August 16, 2012 | New York Law Journal

In their Taxation column, David E. Kahen and Elliot Pisem, members of Roberts & Holland, analyze a recent Eighth Circuit decision that held that health insurance premiums paid by a corporation on behalf of its principal employee and sole shareholder, but not pursuant to an accident or health insurance plan of the employer, were not deductible by the corporation, but were includible in the employee's taxable income.

By David E. Kahen and Elliot Pisem

12 minute read

October 20, 2011 | New York Law Journal

In their Taxation column, Elliot Pisem and David E. Kahen, members of Roberts & Holland, write that a recent U.S. district court decision is a reminder that, notwithstanding exceptions and safe harbors, there remains a risk of reclassification of non-stock instruments with an equity flavor (such as warrants) as stock, with potentially disastrous consequences, including loss of S corporation qualification and imposition of a full federal income tax at the corporate level.

By Elliot Pisem and David E. Kahen

13 minute read