Taxes

Closing Down the Shop: Pitfalls and Opportunities in a Liquidation

Originally published in Tax Notes on September 13, 2021

Summary: This article examines a few common fact patterns involving a liquidation or wind-down of a corporation or a disregarded entity owned by a corporation. The form and timing of the transaction can produce surprising tax results.

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Watch Your Back with DAC

Originally published in Tax Notes on October 2, 2017

Summary: Many uncertainties surround the treatment of an insurance company’s deferred acquisition costs under two loss limitation provisions: the unified loss rules under Treas. Reg. 1.1502-36 and the built-in loss limitations of IRC Section 382(h).

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Intragroup Wars: Abusive Parents, Rebellious Subsidiaries

Originally published in Tax Notes on March 28, 2016

Summary: Bankruptcies and insolvencies often trigger disputes between members of consolidated groups regarding ownership of net operating losses, other tax attributes, and tax refunds.

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Playing With Blocks

Originally published in Tax Notes on December 21, 2011.

Summary: Can a typical private equity fund “blocker” structure withstand a challenge under the “substantial economic effect” rules of IRC Section 704(b)?

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