Richard M. Lipton

Senior Counsel

Baker & McKenzie LLP

T + 1 214 978 3000

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Biography

Richard Lipton is a senior counsel in Baker McKenzie. He advises on tax planning for corporations, partnerships and limited liability companies, and has handled numerous engagements in structuring partnership and real estate transactions.

Richard served on the Internal Revenue Service Advisory Council, and is a former adjunct professor at the University of Chicago Law School, where he taught partnership taxation. Richard is also past chair of the ABA section of Taxation.

Practice Focus

Richard advises US and multinational clients on federal tax issues. He also has extensive experience in a number of other areas relating to tax law, including tax-exempt organizations and the rules involving unrelated business income tax, the tax consequences of bankruptcies and workouts, and various tax accounting issues. He also provides tax advice to several professional sports franchises.

Richard has represented large corporations in complex partnership transactions, and has served as an expert witness on matters concerning partnerships and partnership taxation. He also has considerable experience in the areas of real estate investment trusts, real estate funds and investment in real estate by tax-exempt organizations and foreign investors.

Professional Associations and Memberships

American Bar Association - Member, House of Delegates
American Bar Association, Tax Section - Member of Council
American College of Tax Counsel - Fellow; Former Chair
Chicago Bar Association - Former Chair, Federal Tax Committee

Admissions

Texas~United States (2019)
U.S. Court of Federal Claims~United States (1980)
District of Columbia~United States (1978)
U.S. Tax Court~United States (1977)
Illinois~United States (1977)

Education

University of Chicago Law School (JD) (1977)
Amherst College (BA) (1974)

Languages

English

Treatises

Co-author (with Paul Carman, Charles Fassler, and Walter D. Schwidetzky), Partnership Taxation, 2006
Co-author (with David Evaul and Todd Wallace), Passive Activity Losses,1995

Articles

Co-Author, "ES NPA Holding, LLC: Tax Court Upholds Properly Structured Profits Interest under Rev. Proc. 93-27," Journal of Taxation, August 2023
Co-Author, "Farhy v. Commissioner: IRS Cannot Use Assessment Procedures for Certain Penalties," Journal of Taxation, July 2023
Author, "Controversial Proposed Regulations on Domestically Controlled Entities Ignite a Firestorm," Journal of Taxation, June 2023
Author, "Final Regulations Issued for Qualified Foreign Pension Funds, Journal of Taxation," Journal of Taxation, May 2023

Co-author, "Did the Tax Court Correctly Apply Subchapter K in Clark Raymond?," Journal of Taxation, March 2023
Author, " IRS' Argument in Cross Refined Coal Gets Burned by the DC Circuit," Journal of Taxation, January 2023
Author, "Liberty Global and the Importance of the Administrative Procedure Act," Journal of Taxation, October 2022
Co-Author, "Sixth Circuit Disagrees with Hewitt Concerning Application of APA in Oakbrook Land Holdings," Journal of Taxation, July 2022
Co-Author, "Listed Transactions and the APA – The Potential Fallout from Mann Construction," Journal of Taxation, June 2022
Co-Author, "IRS' Failure to Comply with APA Results in Regulation Invalidity in Hewitt, Journal of Taxation," April 2022
Author, " Tribune Media: A Split Decision for the Chicago Cubs' Leveraged Partnership Transaction," Journal of Taxation, February 2022
Co-author, "The Wyden Draft Partnership Proposals: Not Much Good But Lots of Bad and Ugly," 135 JTAX 18, December 2021
Co-author, "Sixth Circuit Disagrees with Hewitt Concerning Application of APA in Oakbrook Land Holdings," 137 JTAX 9, July 2022
Co-author, "Listed Transactions and the APA – The Potential Fallout from Mann Construction," 136 JTAX 16, June 2022
Co-author, "IRS’ Failure to Comply with APA Results in Regulation Invalidity in Hewitt," 136 JTAX 23, April 2022
Author, "Tribune Media: A Split Decision for the Chicago Cubs’ Leveraged Partnership Transaction," 136 JTAX 6, February 2022
Co-author, "Ninth Circuit Reverses Tax Court in Mazzei," 135 JTAX 5, September 2021
Co-author, "California Taxpayers Lose a Swap-and-Drop Case," Richard Lipton and Louis Weller, 135 JTAX 14, August 2021
Co-author, "IRS Confirms the Value of Planning for Debt Workouts," 135 JTAX 7, July21
Co-author, "Tax Court Decision in Complex Media Involves ‘Complex’ Analysis of Facts, Law, and Step Transaction Doctrine," 134 JTAX 14, May 2021
Co-author, "Final Regulations Issued Under Section 1061 for Carried Interests," 134 JTAX 3, April 2021
Co-author, "Final Regs Defining "Real Property" for Section 1031: IRS Gets It Right With "State Law Plus," 134 JTAX 10, February 2021
Co-author, "Proposed Regulations Issued Under Section 1061 for Carried Interests," 133 JTAX 7, November 2020
Co-author, "Proposed Regs Define "Real Property" for Section 1031: IRS Gets It Mostly Right but Insists on Perpetuating Earlier Mistake," 133 JTAX 7, October 2020
Co-author, "STARS Tumbles, and So Does the Rule of Law," 133 JTAX 6, September 2020
Co-author, "Replacing Certainty with Uncertainty — IRS Fumbles with the Final Regulations on Partnership Debt Guarantees," 132 JTAX 3, January 2020
Author, "Proposed Regulations Issued for Qualified Foreign Pension Funds," Journal of Taxation, November 2019
Co-author, "Taxation of Player Contract Trades -- The IRS Reaches the Correct Result," Journal of Taxation, August 2019
Author, "Partnership Mythbusters: Re-Valuing Capital Accounts in the Absence of Final Regulations," Journal of Passthrough Entities, July-August 2019
Author, "Power Down: Like-Kind Exchanges and SILOs Do Not Mix in Exelon," Real Estate Taxation, First Quarter 2019
Speaker, "2019 Erwin N. Griswold Lecture Before the American College of Tax Counsel: Proper Application of the Judicial Doctrines and the Elimination of Section "I Don’t Like It," The Tax Lawyer, Vol. 72, No. 3, Spring 2019
Author, "The "State of the Art" in Like-Kind Exchanges -- 2019," Journal of Taxation, February 2019
Author, "Mysteries Involving Disguised Sales by Partnerships," Journal of Passthrough Entities, January-February 2019
Author, "Power Down: Like-Kind Exchanges and SILOs Do Not Mix in Exelon," Journal of Taxation, January 2019
Co-author, "The Do's and Don'ts of DSTS (Part II), Journal of Passthrough Entities, May - June 2018
Co-author, "The Do's and Don'ts of DSTS (Part I), Journal of Passthrough Entities, January - February 2018
Co-author, "A Grecian Tragedy for the IRS: Tax Court Rejects Rev. Rul. 91-32, Journal of Taxation, November 2017
Co-author, "An Improvement, But Issues Remain: The IRS Releases Temporary Regulations for Contributions to Partnerships with Related Foreign Partners," Journal of Taxation, May 2017
Co-author, "Quasi Is Not Real: Tax Court Holds That Code Sec. 1234A Only Applies to 'Capital Assets'," Journal of Passthrough Entities, March–April 2017
Co-author (with Samuel P. Grilli and Nicole D. Renchen), "New Regulations on Partnership Debt and Disguised Sales: Is the Road to Hell Paved with Good Intentions? (Part 2)," Journal of Taxation, March 2017
Co-author (with Samuel P. Grilli and Nicole D. Renchen), "New Regulations on Partnership Debt and Disguised Sales: Is the Road to Hell Paved with Good Intentions? (Part 1)," Journal of Taxation, February 2017
Co-author, "Tax Court Finally Unveils Reverse Exchange Principle in Bartell, But Stay Tuned," Journal of Taxation, November 2016
Co-author, "New Temporary Regulations Target Partnership-Owned Disregarded Entities' Treatment of Partners as Employees," Journal of Passthrough Entities, July–August 2016
Co-author (with Patricia McDonald, Steven R. Schneider, Leah Gruen, Samuel P. Grilli and Diana Myers), "PATH Act Improves Rules for Foreign Investment in U.S. Real Estate," Journal of Taxation, June 2016
Co-author (with Steven R. Schneider), "IRS Blunders in Treatment of NRCOs in CCA 201606027," Journal of Taxation, May 2016
Author, "Proposed Regulations Issued on Disguised Payments for Services to a Partnership," Journal of Taxation, February 2016
Author, "Preferred Returns and "Phantom" Income," Journal of Passthrough Entities, January-February 2016
Author, "The 'State of the Art' in Like-Kind Exchanges – 2015," Journal of Taxation, January 2016
Author, "Notice 2015-54 – IRS Attacks Transfers of Property to Partnerships with Related Foreign Partners," Journal of Taxation, November 2015
Author, "CNT Investors and the Judicial Doctrines," Journal of Taxation, October 2015
Author, "The STARS Continue to Revolve – The First Appellate Decision," Journal of Taxation, September 2015
Author, "SWF Real Estate: Tax Credits and Disguised Sales – Reasons for Concern," Journal of Taxation, July 2015
Author, "Eighth Circuit Sheds Light on Like-Kind Exchanges," Journal of Taxation, June 2015
Author, "VisionMonitor Software – A Little-Noticed Partnership Case with Flawed Logic," Journal of Passthrough Entities, March - April 2015
Author, "Chemtech – The Fifth Circuit Reins in But Uphold the District Court," Journal of Taxation, March 2015
Author, "The STARS Continue to Shine – Wells Fargo Prevails on Various Motions," Journal of Taxation, February 2015
Author, "Mythbusters: Tax Treatment of Distributions of Marketable Securities," Journal of Passthrough Entities, January - February 2015
Author, "New Guidance Sheds Light on Economic Substance Doctrine and Related Penalties," Journal of Taxation, December 2014
Author, "Bedrosian: The Tax Court Wades into a Procedural Morass under TEFRA," Journal of Taxation, November 2014
Author, "Castle Harbour V – The Government Loses (Again) in the District Court," Journal of Taxation, October 2014
Author, "IRS Finalizes Revisions to Circular 230," Journal of Taxation, September 2014
Author, "Proposed Regulations Address Debt Allocations for Partners and Related Parties," Journal of Taxation, August 2014
Author, "Mythbusters: When Does a Partner Cease to be a Partner?," Journal of Passthrough Entities, July - August 2014
Author, "Gateway Hotel Partners: Decision Illustrates the Disguised Sale Quandary," Journal of Taxation, July 2014
Author, "Loving It: Appellate Court Confirms IRS Overstepped in Regulating Return Preparers," Journal of Taxation, June 2014
Author, "Foreign Investment in U.S. Real Estate: The FATCA/FIRPTA Dichotomy," Journal of Taxation, May 2014
Author, "Proposed Regulations on Debt Allocations: Controversial, and Deservedly So," Journal of Taxation, April 2014
Author, "New Rehabilitation Credit Safe Harbor – Limiting Historic Boardwalk Hall," Journal of Taxation, March 2014
Author, "Tax Shelters and the Decline of the Rule of Law," Journal of Taxation, February 2014
Author, "The STARS Are Not Aligned: Courts Split in Assessing an Alleged Tax Shelter Transaction," Journal of Taxation, January 2014
Author, "The Tax Court in Barnes Group Misapplies the Step Transaction Doctrine, Imposes Penalties," Journal of Taxation, December 2013
Author, "Bad DAD – Seventh Circuit Rejects Distressed Asset/Debt Shelter," Journal of Taxation, November 2013
Author, "John Hancock – the Tax Court Applies Judicial Doctrines to SILOs and LILOs," Journal of Taxation, October 2013
Author, "Final Regulations Under Section 108(i) Do Not Solve the Problems," Journal of Taxation, September 2013
Author, "Mythbusters Meet Subchapter K: Intent and the Luna Factors Matter in Determining Partnership Status," Journal of Passthrough Entities, September - October 2013
Author, "Leveraged Partnerships Under Fire? IRS Attacks the Tribune's Transactions," Journal of Taxation, August 2013
Author, "BNY and AIG – Using Economic Substance to Attack Transactions the Courts Do Not Like," Journal of Taxation, July 2013
Author, "Mythbusters Meet Subchapter K – Can There Be a Disguised Sale of a Partnership Interest?," Journal of Passthrough Entities, July - August 2013
Author, "Federal Circuit Upsets a LILO Deal, and Maybe the Law on Step Transactions and Substance Over Form," Journal of Taxation, June 2013
Author, "Reasonable Cause and Good Faith Reliance on an Advisor Help a Son-of-BOSS Taxpayer Avoid Penalties," Journal of Taxation, May 2013
Author, "Tough Loving: District Court Invalidates IRS Regulation of Return Preparers," Journal of Taxation, April 2013
Author, "Securities Loans and Economic Substance – IRS Gets It Wrong in a Big Way," Journal of Taxation, March 2013
Author, "IRS, Continuing to Seek Debt Treatment, Fails in PepsiCo Puerto Rico," Journal of Taxation, February 2013
Author, "Deducting the Cost of Manager Indemnification," Journal of Passthrough Entities, January - February 2013
Author, "Proposed Regulations Radically Overhaul 'Tax Opinion' and Other Rules in Circular 230," Journal of Taxation, January, 2013
Author, "Historic Boardwalk Hall – Has the IRS Managed to Shoot Itself in the Foot (Again)?," Journal of Taxation, December, 2012
Tax Court Mis-Handles the Passive Loss Rules and Compounds an Absurd Result in Veriha, Journal of Taxation, November, 2012
Author, "Legitimate and Illegitimate Tax Planning – Two Recent Cases Show the Way," Journal of Taxation, October 2012
Author, "Tax Court Engages in a Procedural Cat Fight in Tigers Eye Trading," Journal of Taxation, September 2012
Author, "Nonrecourse Debt, Insolvency and Partnerships – the Service Deals with a Volatile Mix," Journal of Taxation, August 2012
Author, "Penalties and Compliance – Are Recent Court Decisions Counterproductive?," Journal of Passthrough Entities, July-August 2012
Author, "Supreme Court's Decision in Home Concrete Reveals Cracks on the Foundation of Brand X," Journal of Taxation, July 2012
Author, "OPIS Transactions Fall Flat as the Tax Court Hones its Economic Substance Jurisprudence," Journal of Taxation, June 2012
Author, "The 'State of the Art' in Like-Kind Exchanges, 2012," Journal of Taxation, May 2012
Author, "Second Circuit Sinks Castle Harbour (Again) – Did it Sink the FISC, Too?," Journal of Taxation, April 2012
Author, "The New Penalty Standard: Too Good to be True (Unless You Win on the Merits)," Journal of Taxation, March 2012
Author, "In Southgate, Economic Substance, Substance Over Form, and Penalties are a Dangerous Mix," Journal of Taxation, February 2012
Author, "What Passthrough Advisors Need to Know About Anschutz Company," Journal of Passthrough Entities, January-February 2012
Author, "Final Regulations on Partnership COD Income Under Section 108(e)(8) Make Few Changes," Journal of Taxation, January 2012
Author, "Fear and Loathing North of the Border," Tax Notes International, January 2012
Author, "In Pritired, the Court Rejects a Transaction Designed to Generate Foreign Tax Credits," Journal of Taxation, December 2011
Author, "Are Underwater Like- Kind Exchanges the Answer?," Journal of Taxation, November 2011
Author, "Additional FATCA Guidance and More Time to Comply – That's The Good News," Journal of Taxation, October 2011
Author, "IRS Provides Helpful Guidance to Agents as to Application of the Economic Substance Doctrine," Journal of Taxation, September 2011
Author, "S.G. Woodsum: A Controversial Penalty Decision, and a Reason to Never Submit a Stipulated Case to the Tax Court," Journal of Passthrough Entities, July-August 2011
Author, "IRS Challenge to Rehabilitation Tax Credit Partnership Ends Up Under the Boardwalk," Journal of Taxation, May 2011
Author, "MAYO Foundation, Treasury Regulations, and the 'Death' of National Muffler," Journal of Taxation, April 2011
Author, "Flextronics, Sundrup, and the Application of the Economic Substance Doctrine," Journal of Taxation, March 2011
Author, "Hoosier Energy and the Limits of the Tax Law," Journal of Passthrough Entities, January-February 2011
Author, "Getting Ready for FATCA – A Practical Approach," Journal of Taxation, February 2011
Author, "Economic Substance and Real Estate Transactions," Real Estate Taxation, First Quarter, 2011
Author, "Temporary Regulations on COD Income Deferral Affect Most Types of Business Entities," Journal of Taxation, January 2011
Author, "The Tax Court Drains Canal Corporation's Leveraged Partnership Transaction," Journal of Taxation, December 2010
Author, "New Tax Shelter Cases and a Notice Put a Spotlight on the Economic Substance Doctrine," Journal of Taxation, November 2010
Author, "A Divided Tax Court Treats a Stock 'Loan' as a Sale – Which Theory Should Apply?," Journal of Taxation, October 2010
Author, "Planning Can Minimize U.S. Taxation of Foreign Investment in U.S. Real Estate," Journal of Taxation, September 2010
Author, "Tax Court Slaps Down Temp. Regs. Extending the Six-Year Statute of Limitations to Overstated Basis," Journal of Taxation, August 2010
Author, "Proposed Regulations Address Impact of a Decline in Debt Issuer's Financial Status under Debt Modification Regulations – or Do They?," Journal of Passthrough Entities, July-August 2010
Author, "IRS Provides Limited Relief for Section 1031 Exchanges that Fail Due to Default by a QI," Journal of Taxation, July 2010
Author, "'Codification' of the Economic Substance Doctrine – Much Ado About Nothing?," Journal of Taxation, June 2010
Author, "Reporting 'Uncertain Tax Positions' Under Ann. 2010-9: Transparency of Overkill?," Journal of Taxation, May 2010
Author, "Going to Trial is No Guarantee of Success in a SILO Case if Non-Tax Business Purpose is Lacking," Journal of Taxation, April 2010
Author, "A Tale of Two Cases: G-I Holdings and Virginia Historic Tax Credit Fund – Can They Both Be Right?," Journal of Taxation, March 2010
Author, "Consolidated Edison – A LILO Transaction Succeeds on the Facts," Journal of Taxation, February 2010
Author, "IRS Issues New Rule for Grouping Activities for Passive Loss Purposes," Journal of Passthrough Entities, January-February, 2010
Author, "Castle Harbour III: A Taxpayer Victory as the District Court Refuses to Surrender," Journal of Taxation, January 2010
Author, "CA-7 Sinks Penalties in One Son-of-Boss Case, While Reg. 1.752-6 is Torpedoed Again in Another," Journal of Taxation, December 2009
Author, "Deferrals of COD Income: IRS Provides Exclusive Procedures for the Section 108(i) Election," Journal of Taxation, November 2009
Author, "Passive Losses, LLCs and LLPs - Two Courts Reject the Service's Attempt to Limit Losses," Journal of Taxation, October 2009
Author, "Debt Workout Issues for REITS are Complicated, Whether They are Debtors or Creditors," Journal of Taxation, September 2009
Author, "In Klamath, The Fifth Circuit Clarifies Its Test for Economic Substance," Journal of Taxation, August 2009
Author, "Court Rejects IRS Attempt to Force Disclosure of Tax Practitioner Notes," Journal of Passthrough Entities, July-August 2009
Author, "No Bliss in New Phoenix Sunrise – Tax Court Rejects and Penalizes A Tax Shelter Transaction," Journal of Taxation, July 2009
Author, "Tax Court Again Rejects Purchase from a Related Person of 1031 Replacement Property," Journal of Taxation, June 2009
Author, "Recovery Act Allows Deferral of COD Income – To Elect or Not?," Journal of Taxation, May 2009
Co-author (with Robert S. Walton), "Tax Return Preparer Penalty Final Regulations," Journal of Taxation, April 2009
Author, "Economic Substance – Can the IRS Strike Out?," Journal of Passthrough Entities, March-April 2009
Author, "Prop. Regs. On Contributions of Partnership Debt Do No Answer the Hard Questions," Journal of Taxation, February 2009
Author, "The State of the Art in Like-Kind Exchanges, 2009," Journal of Taxation, January 2009
Author, "Partners Squabble at Length – and Considerable Cost – Over Special Allocations," Journal of Taxation, December 2008
Author, "Valero II: A Court Alters Its View on Tax Shelters When IRS Presents a Better Case," Journal of Taxation, November 2008
Author, "Bad Facts Result in a Taxpayer Loss in the First SILO Case to be Adjudicated," Journal of Taxation, October 2008
Co-author (with Robert S. Walton), "The Section 6694 Proposed Regulations: New Rules for the Preparer Penalty," Journal of Taxation, September 2008
Author, "'Safe Harbor' Provisions Contained in Code Sec. 857(b)(6) of the Housing and Economic Recovery Acts of 2008," Journal of Passthrough Entities, July-August 2008
Author, "IRS Successfully Challenges a Midco Transaction in Enbridge Energy," Journal of Taxation, August 2008
Co-author (with Todd D. Golub), "Hubert Enterprises Part II: We Can 'Guarantee' A Better Result," Journal of Taxation, July 2008
Co-author (with Michael T. Donovan and Michelle A. Kassab), "The Promise (and Perils) of Using Delaware Statutory Trusts in Real Estate Offerings," Journal of Taxation, June 2008
Author, "Third Circuit Rejects Tax Court's Application of Administrative Law in Swallows Holding," Journal of Taxation, May 2008
Co-author (with John Soave III), "U.S. Taxation of Private Equity and Hedge Funds," Journal of Passthrough Entities, March-April 2008
Author, "IRS Clarifies Tax Treatment of Foreign Governments Investing in REITs, Highlighting Tax Planning Opportunities," Journal of Taxation of Financial Products, Volume 7, No. 2, 2008
Author, "Real Estate Debt Workouts in 2008 – The Rules Have Changed," Journal of Taxation, April 2008
Author, "Countryside: The Tax Court Rejects an IRS Challenge to the Economic Substance of a 'Real Deal'," Journal of Taxation, March 2008
Author, "Preparer Penalties: The Service's Interim Response to the Section 6694 Amendments," Journal of Taxation, February 2008
Author, "Oregon Tax Court Magistrate Rejects Attack on a Swap and Drop Transaction," Journal of Passthrough Entities, January-February 2008
Author, "New Ethical Guidance in Revisions to Circular 230 Will Affect All Practitioners," Journal of Taxation, January 2008
Author, "Proposed Regulations on Built-In Gain and Partnership Mergers: The Service Refuses to Budge," Journal of Taxation, December 2007
Author, "Courts Interpret the TEFRA Audit Rules on the Statute of Limitations and Partnership Items," Journal of Taxation, November 2007
Author, "Final Regulations for the Tax Shelter Disclosure Regime – Making the Rules More User Friendly," Journal of Taxation, October 2007
Author, "Court of Federal Claims Rejects Taxpayer's Assertion of A Business Purpose in Heinz," Journal of Taxation, September 2007
Author, "What Hath Congress Wrought? Amended Section 6694 Will Cause Problems for Everyone," Journal of Taxation, August 2007
Author, "IRS Clarifies Tax Treatment of Foreign Governments Investing in REITs, Highlighting Tax Planning Opportunities," Journal of Passthrough Entities, July-August 2007
Author, "Proposed Regulations on Foreign Tax Credits Use Mechanical Tests to Target Abuses," Journal of Taxation, July 2007
Co-author (with Robert S. Walton), "'Son of Boss' Update: Summary Judgment on the Tax Liability on Cemco but no Fraud in Sala," Journal of Taxation, June 2007
Author, "Klamath Dispatches Another Tax Shelter, But Without Penalties," Journal of Taxation, April 2007
Author, "LILO Transaction Upset by District Court on Motion for Summary Judgment in BB&T," Journal of Taxation, March 2007
Author, "IRS Goes 'Over the Top' in Attacking State Tax Credit Partnerships," Journal of Passthrough Entities, January-February 2007
Author, "Treasury Improves The Disclosure Regime By Insuring New Temporary And Proposed Regulations," Journal of Taxation, January 2007
Author, "Tax Court Applies TEFRA Statute of Limitations Against the IRS in Ginsburg," Journal of Taxation, December 2006
Author, "Son of Boss Transactions: Taxpayers Win the First Round in Klamath," Journal of Taxation, November 2006
Author, "Partner or Lender? Debt/Equity Issues Arise in Second Circuit's Reversal of Castle Harbour," Journal of Taxation, October 2006
Author, "What Will Be the Impact of the Government's Economic Substance Victory in Coltec?," Journal of Passthrough Entities, September 2006
Author, "'Securities' and Like-Kind Exchanges," Journal of Passthrough Entities, July-August 2006
Author, "Tax Court's Peabody Decision Clarifies When Real Property Interests Are Like-Kind," Journal of Taxation, August 2006
Author, "What Will Be The long-Term Impact of the Sixth Circuit's Divided Decision in DOW Chemical?," Journal of Taxation, June 2006
Author, "New TAM Highlights Issues in Like-Kind Exchanges Involving Intangibles," The Tax Executive, March-April 2006
Author, "A Divided Tax Court Rejects a Regulation – and Struggles with Administrative Law – in Swallows Holding," Journal of Taxation, May 2006
Author, "Will Black & Decker Turn Out to be a Pyrrhic Victory for the IRS?," Journal of Taxation, April 2006
Author, "The 'State of the Art' in Like-Kind Exchanges, 2006," Journal of Taxation, March 2006
Author, "Misuse of Anti-Abuse," Journal of Passthrough Entities, January-February 2006
Author, "At-Risk Rules and DROs: Did The Tax Court Err in Hubert Enterprises?," Journal of Taxation, December 2005
Author, "Taxable Sale or Nontaxable Reorganization: The Tax Court Draws a Line in Tribune Company," Journal of Taxation, November 2005
Author, "Code Sec. 6111 and the Partnership Tax Practitioner," Journal of Passthrough Entities, July-August 2005
Author, "Broad Scope of Section 470 Catches Many Non-Abusive Transactions," Journal of Taxation, August 2005
Author, "Dealing with the Service's Interim Guidance on Downward Basis Adjustments under 734 and 743," Journal of Taxation, July 2005
Author, "New Tax Shelter Decisions Present Further Problems for the IRS," Journal of Taxation, April 2005
Co-author (with Robert S. Walton and Steven R. Dixon), "The World Changes: Broad Sweep of New Tax Shelter Rules in AJCA and Circular 230 Affect Everyone," Journal of Taxation, March 2005
Author, "Controversial Prop. Regs. on Disguised Sales of Partnership Interests – IRS Jumps into the Deep End," Journal of Taxation, February 2005
Author, "Acquisitions, Dispositions & Structuring Techniques," Journal of Passthrough Entities, January-February 2005
Co-author (with Arnold Harrison and Todd D. Golub), "The Intersection of Delaware Statutory Trusts and Tenancies-In-Common," Real Estate Taxation, First Quarter 2005
Co-author (with Jenny A. Austin), "Lesson from Castle Harbour: The Service Loses a Significant Tax Shelter Case," Journal of Taxation, January 2005
Author, "Reliance On Tax Opinions: The World Changes Due to Long Term Capital Holdings and the AJCA," Journal of Taxation, December 2004
Co-author (with Daniel F. Cullen), "Tenancy-in-Common Interests: A Valuable Addition to the Financial Planner's Toolkit," Journal of Practical Estate Planning, October-November 2004
Co-author (with Robert S. Walton), "Foreign Inventory Transactions May Give Rise to a Reportable Transaction," BNA International Inc., October 2004
Author, "IRS Bars Taxpayers From Building Replacement Property On Their Own Land – Or Does It?," Journal of Taxation, October 2004
Co-author (with Todd Golub and Daniel F. Cullen), "Delaware Statutory Trusts And 1031: A Marriage Made In Heaven Or Just A Pipe Dream?," Journal of Taxation, September 2004
Co-author (with Todd Golub), "New Temp. Regs. On Allocation Of Foreign Tax Credits Present Planning Opportunities," Journal of Taxation, August 2004
Author, "IRS Ruling Creates Tax Controversy For Partnership Mergers," Practical Tax Strategies, August 2004
Co-author (with Steve R. Dixon), "Implications Of California Tough New Anti-Tax Shelter Rules," Practical Tax Strategies, June 2004
Co-author (with Steve R. Dixon), "'Tax Shelter' And 'Tax Shelter Opinion' – IRS, In Another Try At Circular 230, Strikes Out Again," Journal of Taxation, March 2004
Co-author (with Steve R. Dixon), "When Is A Partner Not A Partner? When Does A Partnership Exist?," Journal of Taxation, February 2004
Author, "Rev. Rul. 2003-56: The More You Look, The Uglier It Gets," Journal of Passthrough Entities, January-February 2004
Co-author (with Elena S. Mossina), "Prop. Regs. On Withholding For Partnerships With Foreign Partners Would Ease Burdens," Journal of Taxation, December 2003
Author, "IRS, In New Procedure, Eases The Rules To Allow REITS To Make Subordinated Loans," Journal of Taxation, October 2003
Author, "Multi-Year Deferred Like-Kind Exchanges By Partnerships – Is The New Rev. Rul. A Trojan Horse?," Journal of Taxation, August 2003
Author, "The 'State Of The Art' In Like-Kind Exchanges, Revisited," Journal of Taxation, June 2003
Author, "New IRS Ruling Sanctions Some Variable Prepaid Forward Contracts," Journal of Passthrough Entities, May-June 2003
Author, "Final Corporate Tax Shelter Disclosure And List Maintenance Regulations Impose Burdens On Everyone," Journal of Taxation, March 2003
Author, "IRS Bars Acquisition of Replacement Property from Related Parties – Or Does It?," Journal of Passthrough Entities, March-April 2003
Author, "New Tax Shelter Disclosure and Listing Regulations Promise Headaches for Everyone," Journal of Taxation, January 2003
Co-author (with Kristina Maynard), "The Tax Court Misses The Boat In Requiring Capitalization Of Lease Termination Payments," Journal of Passthrough Entities, January-February 2003
Co-author (with Laura R. Blasberg), "Long-Awaited 469 Final Regs. On Self-Charged Items – IRS Holds The Line On Interest Only," Journal of Taxation, November 2002
Author, "Appellate Court Lectures Tax Court On Statutory Construction In The Limited," Journal of Taxation, October 2002
Author, "Tax Court Uses Fact-Intensive Analysis To Reject Lease-Stripping Transaction," Journal of Taxation, September 2002
Co-author (with Christopher Kliefoth and William L. Goldman), "Boca Investerings Partnership's Contingent Payment, Installment Sale Transaction Upheld," Journal of Passthrough Entities, May-June 2002
Author, "New Rules Likely To Increase Use Of Tenancy-In-Common Ownership In Like-Kind Exchanges," Journal of Taxation, May 2002
Author, "A Lesson In Doing It The Hard Way: On Remand, Tax Court Finds For Taxpayer In Interhotel," Journal of Taxation, August 2001
Author, "Supreme Court Hands Taxpayers A Victory In Gitlitz, But Will Congress Take It Away?," Journal of Taxation, March 2001
Author, "Can There Be A Disguised Sale Of Partnership Interests," Journal of Passthrough Entities, January-February 2001
Co-author (with Theodore R. Bots), "Gitlitz And Winn, Petitioners, v. Commissioner Of Internal Revenue, Respondent," Journal of Corporate Taxation, January-February 2001
Author, "New Revenue Procedure On Reverse Like-Kind Exchanges Replaces Tax Risk With Tax Certainty," Journal of Taxation, December 2000
Co-author, "New Prop. Regs. Provide Expanded Guidance On Partnership Mergers And Divisions - Part 2," Journal Of Taxation, November 2000
Co-author, "New Prop. Regs. Provide Expanded Guidance On Partnership Mergers And Divisions - Part 1," Journal Of Taxation, October 2000
Author, "‘Disquieting’ Recent Decisions On Self-Rented Property Rule Cast Shadows On Passive Loss Regs.," Journal Of Taxation, September 2000
Author, "Tax Court In Hillman Approves Self-Charged Rules Not Provided By The Passive Loss Regs.," Journal Of Taxation, June 2000
Author, "Different Courts Adopt Different Approaches To The Impact Of Cod Income On S Corporations," Journal Of Taxation, April 2000
Author, "Installment Rule Change Creates A Multitude Of Problems For Many Taxpayers," Journal Of Taxation, March 2000
Author, "Acquisitions, Dispositions & Structuring Techniques," Journal Of Passthrough Entities, January - February 2000
Author, "Tax Court Stretches The Fabric Of The Law In The Limited," Journal Of Taxation, January 2000
Author, "Murky Test For Insolvency In Merkel Continues To Cause Problems," Journal Of Taxation, December 1999
Author, "The Impact Of Excluded Cod Income On S Shareholders – The Tenth Circuit Gets Lost In Gitlitz," Journal Of Taxation, October 1999
Author, "Final Section 467 Regulations Present Problems And Opportunities," The Tax Executive, September - October 1999
Author, "The ‘State Of The Art’ In Like-Kind Exchanges," Journal Of Taxation, August 1999
Author, "New Decision Casts A Shadow On The Contested Liability Exception To Cod Income," Journal Of Taxation, May 1999
Author, "Briarpark And The Unexpected Limits To Careful Tax Planning," Journal Of Taxation, April 1999
Author, "Tax Planning Under Section 357(C): Peracchi And Creating Something Out Of Nothing," The Monthly Digest Of Tax Articles, April 1999
Author, "Whither Corporate Tax Shelters,"The Tax Executive, March - April 1999
Co-author, "Peracchi And Making Something Out Of Nothing, Or Does Debt Have A Zero Basis To Its Maker And Further Ruminations On The Substance And Form Of Transactions,"The Tax Magazine, Taxes, March 1999
Author, "Brush Up Your Planning -- More Lessons From The Colgate Case," Journal Of Taxation, February 1999
Author, "Application Of Peracchi To Passthrough Entities," Journal Of Passthrough Entities, January - February 1999
Author, "Partnership Interest Found To Be Debt -- What Next For Corporate Tax Shelters?,"Journal Of Taxation, January 1999
Author, "Beware The New "Investment Company" Rules," The Monthly Digest Of Tax Articles, September 1998
Author, "Tax Planning Under Section 357(C): Peracchi And Creating Something Out Of Nothing," The Tax Executive, July - August 1998
Author, "Redlark Reversed But Interest Deductions For Business Tax Deficiencies Is Still An Open Issue,"Journal Of Taxation, July 1998
Author, "Acquisitions, Dispositions & Structuring Techniques," Journal Of Passthrough Entities, May - June 1998
Author, "Tax Court Rejects S Corp. Basis Step-Up For Cod Income In Nelson," Journal Of Taxation, May 1998
Author, "Does Alumax Bar "Bankruptcy-Proofing" And Special Rights?," The Tax Executive, March - April 1998
Author, "The Tax Court’s New Standard For Testing Contingent Liabilities -- Will It Work?," Journal Of Taxation, March 1998
Co-author, "Sustaining Partner Allocations -- IRS’s Key Ruling On Deficit Restoration Obligations," Journal Of Taxation, February 1998
Author, "Beware The New "Investment Company" Rules," The Tax Executive, January - February 1998
Author, "Nonrecourse Deductions Of Lower-Tier Partnerships: No Room At The Interhotel?," Journal Of Taxation, January 1998
Author, "The Treatment Of Defense Costs In A Hostile Takeover After The Ca-7 Opinion In Staley," Journal Of Taxation, September 1997
Co-author, "Impact Of Final Check-The-Box Regulations Awaits Further IRS Guidance And States’ Input," Journal Of Partnership Taxation, Summer 1997
Author, "Tax Court Upsets New Corporate Tax Shelter -- Lessons From The Colgate Case," Journal Of Taxation, June 1997
Author, " ‘Obligation-Shifting’ Prop. Regs. -- Is Deemed Loan Treatment The Right Approach?," Journal Of Taxation, April 1997
Author, "Tax Court Explores The Boundaries Of Material Participation In Passive Activities," Journal Of Taxation, December 1996
Author, "The Section 1001 Debt Modification Regulations: Problems And Opportunities," Journal Of Taxation, October 1996
Author, "Proposed Check-The-Box Business Classification Regulations Simplify Current Rules," Journal Of Partnership Taxation, Fall 1996
Author, "Partnership Deemed Terminations Will Be Simpler Under New Proposed Regulations," The Journal Of Taxation, September 1996
Co-author, "Final PTP Regs. Abandon Restrictive Conditions And Adopt Workable New Exemptions," The Journal Of Taxation, May 1996
Author, "Tax Administration In The 90s: The New "Reign Of Terror"," The Tax Magazine, Taxes, April 1996
Author, "Divided Tax Court Allows Deduction Of Interest On Tax Arising From A Trade Or Business," The Journal Of Taxation, April 1996
Author, "IRS Issues Final Regulations On Passive Loss Relief For Real Estate Professionals," The Tax Magazine, Taxes, February 1996
Author, "Just When Will Environmental Clean-Up Expenditures Be Deductible?," The Journal Of Taxation, February 1996
Author, "Divided Tax Court Applies Indopco To Hostile Takeovers," The Journal Of Taxation, January 1996
Author, "State Seeks To Widen Tax Jurisdiction Over Out-Of-State Companies," The Journal Of Taxation, December 1995
Co-author, "Restrictive Proposed Regulations On Publicly Traded Partnerships Could Cause Any Partnership To Be Taxed As A Corporation," The Tax Magazine, Taxes, September 1995
Author, "The Partnership Anti-Abuse Regs. Revisited: Is There Calm After The Storm?," The Journal Of Taxation, August 1995
Author, "IRS Improves Partnership Anti-Abuse Regs., But Major Problems Remain," The Journal Of Taxation, March 1995
Author, "Proposed Regulations Address Relief For Real Estate Professionals Under The Passive Loss Rules," The Tax Magazine, Taxes, March 1995
Co-author, "Expenses Related To Failed Merger Defense Held To Be Deductible Despite Indopco The Journal Of Taxation, January 1995
Author, "Tax Consequences Of Business And Investment -- Driven Uses Of Derivatives," The Tax Magazine, Taxes, December 1994
Author, "IRS Challenges S Corporation Basis Increase For Cod Income," The Journal Of Taxation, December 1994
Author, "Passive Loss Audit Guidelines Highlight Issues For Taxpayers," The Tax Magazine, Taxes, October 1994
Author, "Insolvent Partner Taxed On Partnership’s Cod Income Despite Code Provision," The Journal Of Taxation, October 1994
Author, "Controversial Partnership Anti-Abuse Prop. Regs. Raise Many Questions," The Journal Of Taxation, August 1994
Author, "RRA ‘93 Liberalizes Passive Loss Restrictions For Real Estate Professionals," Journal Of Partnership Taxation, Spring 1994
Author, "The Final Section 704(C) Regulations: The Good And The Bad," The Journal Of Real Estate Taxation, Summer 1994
Author, "Choice Of Entity: How To Choose, How To Change," The Tax Magazine, Taxes, June 1994
Author, "IRS Addresses Tax Treatment Of Partnership Distributions Of A Partner’s Debt Or Stock," The Tax Magazine, Taxes, June 1994
Author, "RRA ‘93 Eases Rules Affecting Debt -- Financed Property And Passive Losses From Realty," The Journal Of Taxation, May 1994
Author, "The Story Of The Tortoise And The Hare: Workouts Involving S Corporations," The Tax Magazine, Taxes, April 1994
Author’s Update: "Further Development Concerning Passive Losses, "The Tax Magazine, Taxes, March 1994
Author, "How To Avoid Capital Loss Treatment On The Abandonment Of A Partnership Interest," The Journal Of Taxation, March 1994
Author, "New Rules Address Capital Gains On Some Investments, "The Tax Magazine, Taxes, February 1994
Author, "IRS Issues New Regulations On Hedging Transactions," The Tax Magazine, Taxes, January 1994
Author, "1993 Tax Legislative Changes To The Passive Activity Loss Rules," The Tax Magazine, Taxes, October 1993
Author, "Proposed 1398 Regs. Raise Conflict Between Debtors And Bankruptcy Trustees," The Journal Of Taxation, July 1993
Author, "UPREITS: Fad Or Fixture?," The Tax Magazine, Taxes, July 1993
Author, "Final Regs. Simplify The Rules For Acquisitions Of Debt By Related Parties," The Journal Of Taxation, April 1993
Author, "IRS Addresses Tax Treatment Of Partnership Distributions Of A Partner’s Debt Or Stock," The Tax Magazine, Taxes, April 1993
Author, "IRS Issues Proposed Regulations On Debt Modifications," The Tax Magazine, Taxes, February 1993
Author, "New Rulings On Purchase Price Reductions Do Not Provide Much Relief," The Journal Of Taxation, February 1993
Author, "IRS Addresses Cancellation Of Debt Income Under Partnership And Passive Activity Rules," The Journal Of Taxation, January 1993
Author, "Tax Planning For Noncorporate Bankruptcies," The Tax Magazine, Taxes, October 1992
Author, "IRS Adopts Inconsistent Positions On Nonrecourse Debt In Loan Workouts," The Journal Of Taxation, October 1992
Co-author, "The Single-Class-Of-Stock Rules, Round Three: The Final Regulations," The Journal Of Taxation, September 1992
Author, " "Thumbs Up" For The Proposed Activity Regulations," The Tax Magazine, Taxes, July 1992
Co-author, "Supreme Court Approves Focus On Long-Term Benefit In Takeover Expense Controversy," The Journal Of Taxation, June 1992
Author, "Planning For Noncorporate Debt Workouts Outside Of Bankruptcy," The Tax Magazine, Taxes, May 1992
Author, "The Application Of Section 469 To Real Estate Developers: The Search For A Solution To A Problem That Should Not Exits," Tax Notes, March 1992
Co-author, "Campbell -- Is The Volcano Really Dormant Again?," Journal Of Taxation Of Investments, March 1992
Author, "IRS Attacks Hospital Joint Ventures," The Tax Magazine, Taxes, February 1992
Author, "The Tax Consequences To A Debtor From A Transfer Of Its Indebtedness," The Tax Magazine, Taxes, December 1991
Author, "The Single-Class-Of-Stock Regulations, Round Two: The IRS Retreats," The Journal Of Taxation, November 1991
Author, "New Prop. Regs. Limit Disguised Sales Through The Use Of Partnerships," Corporate Taxation, September/October 1991
Author, "The Internal Revenue Service "Fixes" The Developer Rule," The Journal Of Real Estate Taxation, Fall 1991
Author, "Deferred Exchanges Easier Under Final Regs.", Taxation For Accountants, 1991
Co-author, "Regs. Increase Gain Potential If Related Party Acquired Debt," The Journal Of Taxation, June 1991
Author, "Can The IRS Treat Contributions Of Debt To A Partnership As Resulting In Income," Tax Notes, April 1991
Co-author, How To Establish Deductions For Friendly Takeover Costs By Limiting National Starch," The Journal Of Taxation, March 1991
Author, "The Proposed One Class Of Stock Regulations: A First-Class Problem," Tax Notes, November 1990
Author, "Pals At Four: Living With The Regulations," The Tax Magazine, Taxes, November 1990
Author, "Section 1274 And Cod Income Due To Modification Of The Interest Rate In A Debt Instrument," The Tax Magazine, Taxes 1990
Author, "IRS Eases Passive Loss Limitation For Casualty Losses," The Tax Magazine, Taxes 1990
Author, "Pals At Three: What We Know, What We Don’t Know And What Went Wrong," The Tax Magazine, Taxes, 1989
Author, "The Activity Regulations: Playing New Games With Building Blocks," The Tax Magazine, Taxes, 1989
Author, "Corporate Pals: The Impact Of The New Activity Regulations On C Corporations," Corporate Taxation, 1989
Author, "Changing Pals -- Amendments To The First Set Of Passive Activity Loss Regulations," The Tax Magazine, Taxes, 1989
Author, "Pal Material Participation Rules Harbor Unpleasant Surprises For Corporations," Corporate Taxation, 1989
Author, "Pals At Two: What We Know And Don’t Know About Passive Activity Losses On Their Second Birthday," The Tax Magazine, Taxes, 1988
Author, "Notice 88 - 94: A Flexible Transitional Rule For The Definition Of And Activity," The Tax Magazine, Taxes, 1988
Author, "The Effect Of IRS Notice 88 - 75 On PTPs," Tax Notes, 1988
Author, "More Fun And Games With Pals: The First Set Of Section 469 Regulations," The Tax Magazine, Taxes, 1988
Author, "Publicly Traded Partnerships And The 1987 Act," Tax Notes, 1988
Author, "Passive Activity Loss Limitations Can Have Unexpected Impact On Corporations," The Journal Of Taxation, 1988
Author, "What We Do And Don’t Know About Pals," Tax Notes, 1987
Author, "Fun And Games With Our New Pals," The Tax Magazine, Taxes, 1986
Author, "Taxation Of Compensation Paid To Aliens Requires Careful Analysis," The Tax Magazine, Taxes, 1986
Author, "New Decision Encourages The Rental Of A Principal Residence Prior To Sale," The Journal Of Taxation, 1986
Author, "Domestic Corporations With Foreign Subsidiaries, Beware: Nols Can Result In Double Taxation Of Foreign-Source Dividends," The Tax Magazine, Taxes, 1986
Author, "Planning For The Utilization Of Investment Tax Credits By A Professional Corporation," Journal Of Partnership Taxation, 1985
Author, "Prepaid Expenses: Does Section 461(I) Work?," Tax Notes, 1984
Author, "The New Backup Withholding Rules Can Have A Significant, Unexpected Impact For Lawyers," Taxation For Lawyers, 1984
Author, "Debt-Equity Swaps For Parent-Subsidiary: A Current Analysis Of A Useful Technique," The Journal Of Taxation, 1983
Author, "Arbitrage Bonds: Application Of The "Reasonable Expectations" Provision Of Section 103," Municipal Finance Journal, 1983
Author, "Treatment Of Renting A Former Residence While Awaiting Its Sale," The Journal Of Taxation, 1983
Author, "Practical Problems With The New Public Approval Requirement For Industrial Development Bonds," Municipal Finance Journal, 1982
Author, "Why IRS Should Revise The Rules For Applying The "Substantially All" Test Of Section 103(B)," Municipal Finance Journal, 1982

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