Ezra Dyckman

August 22, 2017 | New York Law Journal

In their Taxation column, Ezra Dyckman and Daniel Stahl write: Unfortunately, there are many circumstances where it is unclear whether real estate constitutes dealer property. One difficult question that sometimes arises is when a change in circumstances causes real estate that initially was dealer property to no longer be classified as such and discuss a recent case where a taxpayer was unsuccessful in its argument that a change in its intentions caused dealer property to be converted into property held for investment.

By Ezra Dyckman and Daniel W. Stahl

12 minute read

June 29, 2017 | New York Law Journal

In their Taxation column, Ezra Dyckman and Daniel W. Stahl discuss the welcome development where the IRS recently issued a private letter ruling that interprets the new category of "qualified liability" in a favorable manner.

By Ezra Dyckman and Daniel W. Stahl

6 minute read

April 25, 2017 | New York Law Journal

In their Taxation column, Ezra Dyckman and Daniel Stahl write: While cancellation of indebtedness generally results in ordinary income for the debtor (COD income), the Internal Revenue Code provides for several exceptions under which COD income can be excluded. Of particular importance for owners of real estate is Section 108(c), under which a taxpayer can elect to exclude COD income that results from the discharge of "qualified real property business indebtedness" under certain circumstances. The IRS recently interpreted one of the requirements for debt to constitute QRPBI in a manner that will cause debt secured by condominium units held for sale to fail to qualify.

By Ezra Dyckman and Daniel Stahl

11 minute read

February 21, 2017 | New York Law Journal

In their Taxation column, Ezra Dyckman and Daniel W. Stahl discuss new treasury regulations that were issued on Oct. 5, 2016 which provide that the amount that can be distributed to a partner as a tax-free reimbursement of capital expenditures is limited to the partner's share of the qualified liability.

By Ezra Dyckman and Daniel W. Stahl

11 minute read

December 28, 2016 | New York Law Journal

In their Taxation column, Ezra Dyckman and Daniel Stahl discuss the new regulations issued by the Treasury Department October 2016 that modify a number of the partnership debt allocation rules and write how the new regulations have taken a "drastic approach, with respect to determining a partner's share of partnership liabilities for purposes of the "disguised sale" rules—and in a surprising twist cause some partnership liabilities to not be included in any partner's share."

By Ezra Dyckman and Daniel Stahl

11 minute read

October 25, 2016 | New York Law Journal

In their Taxation column, Ezra Dyckman and Daniel W. Stahl write that partners have long enjoyed the ability to influence a partnership's allocation of its liabilities by making a "bottom guarantee" of partnership debt, and conclude: "We have known that the end was coming for bottom guarantees since the issuance of proposed regulations by the Treasury Department in 2014. That expectation has now become a reality, as temporary regulations regarding bottom guarantees were issued earlier this month."

By Ezra Dyckman and Daniel W. Stahl

11 minute read

August 23, 2016 | New York Law Journal

In their Taxation Column, Ezra Dyckman and Daniel W. Stahl discuss the Tax Court's decision in 'Alphonso v. Commissioner' which provides taxpayers with a reminder of what constitutes a casualty loss for an individual.

By Ezra Dyckman and Daniel W. Stahl

11 minute read

June 22, 2016 | New York Law Journal

In 2015, Ezra Dyckman and Daniel W. Stahl discussed a decision by a New York City administrative law judge in favor of the city in a case that dealt with the interaction between the rules governing a mere change in form and the transfer of a controlling interest in an entity owning real property. In this column, they discuss a recent decision by a New York State ALJ who ruled in favor of the same taxpayer on the very same issue with respect to the state transfer tax.

By Ezra Dyckman and Daniel W. Stahl

19 minute read

April 27, 2016 | New York Law Journal

In their Taxation column, Ezra Dyckman and Vivek Chandrasekhar discuss the "good news" and the "bad news" with the new partnership audit rules.

By Ezra Dyckman and Vivek Chandrasekhar

11 minute read

February 24, 2016 | New York Law Journal

In their Taxation column, Ezra Dyckman and Daniel W. Stahl explain how the PATH Act created and expanded a number of exceptions to the Foreign Investment in Real Property Tax Act of 1980 rules that govern the taxation of foreign persons selling interests in real estate located in the United States. They go on to discuss one such provision which may encourage an increase in the investments of foreign pension funds in U.S. real estate.

By Ezra Dyckman and Daniel W. Stahl

7 minute read