Elliot Pisem

August 21, 2014 | New York Law Journal

David E. Kahen and Elliot Pisem write about a recent First Circuit decision relating to the deductibility for income tax purposes of a portion of payments made in settlement of Medicare fraud claims under the False Claims Act.

By David E. Kahen and Elliot Pisem

9 minute read

June 19, 2014 | New York Law Journal

In their Taxation column, Elliot Pisem and David E. Kahen, members of the law firm of Roberts & Holland, write: Rev. Rul. 2014-18 does not appear to reflect any major change in IRS thinking with respect to the treatment of options and SARs under §457A as previously expressed in IRS Notice 2009-8.

By Elliot Pisem and David E. Kahen

9 minute read

April 17, 2014 | New York Law Journal

In their Taxation column, Elliot Pisem and David E. Kahen, members of Roberts & Holland, write about a recent decision of the Court of Federal Claims relating to a court-ordered forfeiture by a corporate executive found to have engaged in illicit insider trading.

By David E. Kahen and Elliot Pisem

11 minute read

February 20, 2014 | New York Law Journal

A recent decision relating to the abandonment of a security has significant implications for the tax treatment of losses arising on the abandonment of all sorts of property, whether or not constituting "securities."

By David E. Kahen and Elliot Pisem

12 minute read

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