Tax Law

Recent Posts

Podcast Analysis: The U.S. Tax Court decision in PPL Corporation & Subsidiaries v. Commissioner
Posted on 15 Feb 2011 by Elizabeth Sweigart & Lynn Loden

On this edition, Elizabeth Sweigart and Lynn Loden discuss the distinctive aspects of the U.S. Tax Court's recent decision in PPL Corporation & Subsidiaries v. Commissioner and the holding's potential impact on uncertain tax position reporting... Read More

Accuracy-Related Penalties in a Disguised Sale Transaction - Canal Corp.
Posted on 6 Feb 2011 by Charles Zubrzycki

In Canal Corp. v Comm'r, 135 T.C. No. 9 (Aug 5, 2010) , Chesapeake (the former name of Canal Corp.) wanted to exit the tissue paper industry. For a variety of reasons, Chesapeake decided upon a leveraged partnership structure in which WISCO (Chesapeake's... Read More

Podcast Analysis: The U.S. Tax Court decision in PPL Corporation & Subsidiaries v. Commissioner
Posted on 15 Feb 2011 by Elizabeth Sweigart & Lynn Loden

On this edition, Elizabeth Sweigart and Lynn Loden discuss the distinctive aspects of the U.S. Tax Court's recent decision in PPL Corporation & Subsidiaries v. Commissioner and the holding's potential impact on uncertain tax position reporting... Read More

In re Bilski: Eligibility of Patent Protection for Business Methods Survives - For Now
Posted on 1 Jul 2010 by Russell Barron, Michael Renaud, Courtney Quish

Yesterday [June 28, 2010], the U.S. Supreme Court sidestepped a decision as to whether business methods are categorically excluded from patent protection, allowing the possibility of patent eligibility for business methods to survive for now. The majority... Read More

Bilski v. Kappos—Back Where We Started?
Posted on 1 Jul 2010 by Paul Devinsky and Eric M. Shelton

The Supreme Court of the United States issued a decision in In re Bilski affirming the Court of Appeals for the Federal Circuit's decision that Bilski's claims were not eligible for patenting under §101, but reversing the Federal Circuit's... Read More

PPL Corp. & Subsidiaries v. Comm'r, 2010 U.S. Tax Ct. LEXIS 31 (T.C. Sept. 9, 2010)
Posted on 11 Nov 2010 by LexisNexis Tax Center

The IRS had declared a deficiency in 1997 federal income tax paid by PPL Corporation, the common parent of a group filing consolidated returns, denying its refund claim. At issue inter alia was the correctness of an IRS claim that a "windfall tax"... Read More

River Garden Retirement Home v. Franchise Tax Bd., 2010 Cal. App. LEXIS 1146 (Cal. App. 1st Dist. July 15, 2010)
Posted on 29 Jul 2010 by LexisNexis Tax Center

The California Franchise Tax Board's decision to recoup the Cal Rev & Tax Code § 24402 dividends received deduction against a taxpayer was proper where Board proceeded with proper authority to remedy Commerce Clause violation infecting Cal... Read More

Bilski v. Kappos, 2010 U.S. LEXIS 5521 (U.S. June 28, 2010)
Posted on 25 Aug 2010 by LexisNexis Tax Center

The Supreme Court, for the first time since the Federal Circuit's decision in State Street Bank & Trust Co. v. Signature Fin. Group Inc. , 149 F.3d 1368 (Fed. Cir. 1998) , addressed the proper standard for determining whether a claimed process... Read More

Canal Corp. v. Comm'r, 2010 U.S. Tax Ct. LEXIS 25 (T.C. Aug. 5, 2010)
Posted on 10 Sep 2010 by LexisNexis Tax Center

The Service determined a $183,458,981 deficiency in the Chesapeake Corporation's Federal income tax, asserting that Chesapeake owed a $36,691,796 substantial understatement of income tax penalty under section 6662(a) for 1999. Chesapeake's subsidiary's... Read More

CenturyTel, Inc. v. Dep’t of Revenue, 2010 Ore. Tax LEXIS 222 (Or. T.C. Aug. 9, 2010)
Posted on 16 Sep 2010 by LexisNexis Tax Center

The taxpayer, domiciled outside of Oregon, and its subsidiaries were inthe wireline and wireless telecommunications business. When the taxpayer executed transactions related to the sale of stock, it was, for practical purposes, no longer engaged in wireless... Read More

Container Corp. v. Comm’r: Clarity on Guarantee Fee Sourcing?
Posted on 8 Dec 2010 by Rufus Rhoades

Editor's Note : The following is an excerpt from Rhoades & Langer U.S. International Taxation and Tax Treaties § 26.01[3][f] (Matthew Bender). ... The question of how to treat guarantee fees has long vexed both practitioners and the... Read More

Supreme Court's Decision on the Patent Eligibility of Process Claims
Posted on 8 Jul 2010 by Eric E Bensen

Editor's Note : Bilski v. Kappos, 2010 U.S. LEXIS 5521 (U.S. June 28, 2010) changes the landscape on the patentability of business methods and has direct relevance to the viability of patenting for tax strategies. The impact of Bilski in this regard... Read More