By therecorder | The Recorder | September 5, 2017
C.A. 3rd; C081918 The Third Appellate District reversed a judgment. The court held that a city’s payment of funds directly to a construction company…
By therecorder | The Recorder | August 31, 2017
9th Cir.; 15-35263 The court of appeals affirmed a judgment of dismissal. The court held that an Indian tribe’s filing of a complaint against a…
By Jennifer Cona and Dana Walsh Sivak | August 30, 2017
Jennifer Cona and Dana Walsh Sivak of Genser Dubow Genser & Cona write: The practice of crowdfunding donations remains largely unregulated, with little guidance as to how to resolve issues that may arise in the course of a fundraiser organized through a crowdfunding site. Most problems arise because well-meaning friends and relatives were unaware of the negative consequences that can result from a crowdfunding campaign and therefore failed to plan ahead to avoid them.
By Commentary by Seth J. Entin | August 29, 2017
On July 13, the U.S. Tax Court, issued a decision that is of major importance to non-U.S. investors. In Grecian Magnesite Mining, Industrial & Shipping…
By therecorder | The Recorder | August 28, 2017
Cal.Sup.Ct.; S234148 The California Supreme Court affirmed a court of appeal decision. The court held that Cal. Const. art. XIII C, §2, which limits…
By Katelyn Polantz | August 25, 2017
Kevin Downing, a tax partner at Miller & Chevalier in Washington, D.C., left the firm Thursday. He will continue to advise President Donald Trump's former campaign manager Paul Manafort, who reportedly received subpoenas Friday from a federal grand jury probing a public relations firm that did work for Ukraine.
By Conrad Teitell | August 25, 2017
In his Estate Planning and Philanthropy column, Conrad Teitell reviews a recent case where a claimed $33 million charitable deduction—a remainder interest in real property given to a university—was disallowed because the donor failed to state the contributed property's cost on Form 8283, and according to the Tax Court, was about $29.5 million too high anyway.
By Peter M. Fass | August 22, 2017
Real Estate Securities columnist Peter M. Fass reviews new IRS regulations that will significantly limit a contributing partner's ability to be allocated a disproportionate share of a partnership's debt, thereby limiting the opportunity for such partner to receive tax-free cash distributions from a partnership related to a contribution of appreciated property.
By Ezra Dyckman and Daniel W. Stahl | August 22, 2017
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 Commentary by Stanley Foodman | August 22, 2017
An IRS agent may criminally or civilly investigate a taxpayer for under-reporting income, overstating deductions or not reporting certain income. According to the Internal Revenue Manual (IRM), the IRS uses the methods of proof outlined in part nine of the IRM to evaluate the situation and proceed in a civil or criminal tax investigation case, writes Stanley Foodman.
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