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Tuesday | Dec. 2, 2008   
 
August 2007


Small Business Legislation's Expensing and Credits Offset Minimum Wage Hike  


High Court Denies Cert in Lanco and MBNA Cases


Applying Old Theories in New Contexts: Interest Suspension Upheld Where Government Fails to Prove Fraud


Shareholder Basis in the S Corporation: Debt Guarantees and Loans from Commonly Controlled Entities


New Regs Apply Excise Tax to Exempt Organizations Involved in Tax Shelters


Small Business Legislation's Expensing and Credits Offset Minimum Wage Hike  
The Small Business and Work Opportunity Tax Act of 2007 (P.L. 110-28) raises the minimum wage but offers tax relief to small businesses affected by increased wage costs. Highlights of the small business tax incentives are: (1) an extended and enhanced small business Code Sec. 179 expensing; (2) a FICA tip credit calculation that ignores the new hike in the minimum wage; and (3) an extended and enhanced Work Opportunity Tax Credit.  Not all changes in the new law are pro-taxpayer, however. 

A special CCH overview in Taxes — The Tax Magazine explains how the act extends the reach of the "kiddie tax" by raising age limits.

Read this article from Taxes - The Tax Magazine
Related publications of interest include:
1040 Express Answers (2008)
Tax Advisors and Return Preparers in IRS Crosshairs
Family Law Tax Guide
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High Court Denies Cert in Lanco and MBNA Cases
To the major disappointment of taxpayers and some revenue department officials, the U.S. Supreme Court has denied requests to decide whether the Commerce Clause permits a state to impose corporate income and franchise taxes on companies with no physical presence within its borders.  The question was raised in separate petitions in which taxpayers sought review of decisions by the highest courts of New Jersey (Lanco) and West Virginia (MBNA).

An article in State Income Tax Alert offers expert analysis of the resulting climate in various states as well as the reintroduction of federal business activity tax legislation.

Read this article from State Income Tax Alert
Related publications of interest include:
Accounting for Income Taxes
Unitary and Nonunitary Business (CCH Learning Center Web-Based CPE Course)
Accounting for Intangibles (Third Edition) (CCH Learning Center Web-Based CPE Course)
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Applying Old Theories in New Contexts: Interest Suspension Upheld Where Government Fails to Prove Fraud
The government's zeal to eradicate "tax shelters" for allegedly lacking economic substance often results in multi-million dollar tax liabilities along with penalties and interest of jaw-dropping magnitude; however, a recent decision in a case of first impression upheld a taxpayer's interest-suspension benefit. 

Hale E. Sheppard, in his article in the Journal of Tax Practice & Procedure, discusses C.E. Sala and what the case reveals about the government's potential strategy in future shelter litigation.

Read this article from the Journal of Tax Practice & Procedure
Related publications of interest include:
SOX 404 for Small, Publicly Held Companies, with CD (2008)
Practical Guide to Federal Tax Practice Standards
Practical Guide to Schedule M-3 Compliance (Second Edition)
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Shareholder Basis in the S Corporation: Debt Guarantees and Loans from Commonly Controlled Entities
Code Sec 1366(a)(1) allows a shareholder of an S corporation to deduct in his personal income tax return any losses passed though to him from an S corporation. However, Code Sec. 1366(d)(1) limits the amount of the losses currently deductible to the shareholder's tax basis in the S corporation, defined as this adjusted basis of the stock in the corporation plus the adjusted basis of any indebtedness of the corporation to the shareholder. 

James Fellows, in his article in the Journal of Passthrough Entities, explores some of the recent debt-basis controversy, in particular, the continuing saga of debt guarantees by a shareholder, as well as loans to an S corporation from other entities controlled by the same S corporation shareholder. 

Read this article from the Journal of Passthrough Entities
Read this article from the Journal of Passthrough Entities
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Related publications of interest include:
Practical Guide to S Corporations (Fourth Edition)
Mergers & Acquisitions Expert Library
Practical Guide to Like-Kind Exchanges Under Code Section 1031 (Second Edition) (2007)
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New Regs Apply Excise Tax to Exempt Organizations Involved in Tax Shelters

The IRS has issued temporary and proposed regulations to clamp down on exempt organizations that profit from and assist in the completion of tax shelter transactions. The relevant provisions under Code Sec. 4965 and 6033 impose excise taxes and disclosure requirements on charities, federal government possessions, state and local governments, Indian tribal governments, IRAs and employee benefit plans, as well as on an entity manager that approves the entity's participation. 

An article in Tax Shelter Alert takes you through the proposed regs and outlines the manager-level penalties. 

Read this article from Tax Shelter Alert
Read this article from Tax Shelter Alert
Subscribe to Tax Shelter Alert
Related publications of interest include:
Exempt Organizations Reporter
Tax Compliance for Tax-Exempt Organizations (2007)
Business Tax Answer Book (2008)
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Taxes - The Tax Magazine®
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State Income Tax Alert
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Journal of Tax Practice and Procedure

Straightforward commentary, tips, techniques and strategies for effective client representation in tax controversies
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Journal of Passthrough Entities
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