Business & Real Estate Taxation Articles

This is the first of a series of Bulletins discussing the significant tax law changes and planning opportunities presented by the Tax Cuts and Jobs …

Stephen M. Breitstone, head of Meltzer Lippe’s Private Wealth & Taxation Group, co-authored, with Jerome M. Hesch and David C. Jacobson, an article published in …

By Stephen M. Breitstone and José L. Berra Ponzi scheme has paid it now seems never existed. (1) The question now is whether these victims can get …

The Second Circuit, in Diebold v. Commissioner, describes the requirements for finding transferee liability under Section 6901, here specifically under New York law, as state law predominates the determination of whether a person will be liable for federal taxes as a transferee. This case involved a so-called “Midco”transaction, whereby the goal was to avoid the corporate level taxes on the disposition of the assets of a C-corporation.

When the IRS issued Rev. Proc. 2002-22, 2002-1 CB 733, it provided a degree of guidance as to when a tenants in common arrangement (“TIC”) would not be treated as a partnership for Federal income tax purposes. This guidance has greatly expanded the utility of IRC section 1031, which provides for non-recognition of gain on exchanges of property of a “like kind” held for use in a trade, business or investment.