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ESOP Participants Treated as Related Persons for Deduction Deferral Purposes Under Section 267(a)(2)

Published: October 13th, 2017

By: Stephen R. Looney

Section 267(a)(2) contains a matching rule which requires that deductions resulting from items of expense and interest may not be taken in an earlier taxable year from the one in which the payee includes such item is gross income if the payor and payee are “related persons” within the meaning of Section 267(b).  Accordingly, whether […]

Stock Surrender and Repurchase Lacks Economic Substance

Published: September 27th, 2017

By: Stephen R. Looney

It has long been a basic tenet of federal tax law that, in order to be respected for tax purposes, a transaction must have economic substance.  In a recent decision, the Tax Court once again held that a purported sale or exchange lacking in economic substance will not be respected.  The case also demonstrates that […]

Bluegrass and Sunshine: Sales and Use Taxation of the Equine Industry in Kentucky and Florida

Published: August 30th, 2017

By: Mark E. Holcomb

By Erica L. Horn and Mark E. Holcomb[1] The equine industry has a long and esteemed history in the United States, with the first Thoroughbred races dating back to the early days of our nation. Thousands of people still gather each year at the Kentucky Derby, the Preakness Stakes, the Belmont Stakes and the Breeders’ […]

I Disagree with my Property Tax Assessment: Should I Petition The Value Adjustment Board?

Published: August 15th, 2017

By: Robert S. Goldman

In August each year, the elected local property appraisers of Florida issue assessment notices captioned “Notice of Proposed Property Taxes” to the owners of property in their counties. For historical reasons, these are generally referred to as “TRIM” notices. In addition to other information, the TRIM notices show the assessed value of the property, and […]

Florida’s Water Crises: Can We Afford The Solutions? (Part III)

Published: July 10th, 2017

By: Michael D. Minton Brad Gould Dana M. Apfelbaum

As we’ve discussed in Part I and Part II, the renewed focus on water projects due to discharges from Lake Okeechobee and the occurrences of blue/green algae is accompanied by a renewed effort to involve private landowners in the development of water attenuation projects. We’ve now explored the exceptions to the general rule that government […]

Part III: Passive Activity Loss Limitation and Real Estate Professional Tax Rules

Published: June 21st, 2017

By: Stephen R. Looney

In Part III of the series, we continue to look at the passive activity loss limitation rules to clarify what constitutes a real estate professional for the purpose of rental property losses. In Part I and Part II of this series, the court found the taxpayers did not qualify as real estate professionals. However, Zarrinnegar […]

Part II: Passive Activity Loss Limitation and Real Estate Professional Tax Rules

Published: June 7th, 2017

By: Stephen R. Looney

In Part I, we discussed the passive activity and loss limitation rules and how they can affect real estate losses. In Jones vs. Comm’r, the taxpayer failed to provide logs from their insurance job, which resulted in a non-qualification as a real estate professional. This week, we look at the Makhlouf v. Comm’r case, which […]

Part I: Passive Activity Loss Limitation and Real Estate Professional Tax Rules

Published: May 18th, 2017

By: Stephen R. Looney

Taxpayers who engage in rental real estate activities will generally seek to have rental property losses from such activities characterized as non-passive. In several recent decisions, the Tax Court once again emphasized the importance of taxpayers being able to substantiate the time they claim to spend performing rental real estate services in order to qualify […]