ArticleEstate Tax Legislation In 2009: Avoiding The Train WreckWhen Congress enacted the Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA"), 2010 seemed like a time in the distant future.United StatesTaxCaplin & Drysdale, Chartered
ArticleGrowing List Of States And Localities Extend Lobbying Filing Deadlines In Response To COVID-19 PandemicIn response to the ongoing COVID-19 pandemic, several states and localities are providing filers additional flexibility to submit lobbying disclosures by extending filing deadlines or waiving late filing penalties.United StatesCoronavirus (COVID-19)Caplin & Drysdale, Chartered
Article"Kiva Dunes" And Golf Course Conservation Easements: Important Implications For Tax Deductibility Of Conservation Easement ContributionsSeveral months ago, the Tax Court decided "Kiva Dunes Conservation, LLC v. Commissioner", a case concerning valuation of a golf course conservation easement for purposes of a charitable contribution deduction. The case is likely to influence future conservation easement controversies.United StatesTaxCaplin & Drysdale, Chartered
ArticleDOJ (Sort Of) Releases Six New FARA Advisory OpinionsAgainst that backdrop, it is notable that the Department of Justice recently posted without the customary public notice six new FARA advisory opinions. United StatesGovernment, Public SectorCaplin & Drysdale, Chartered
ArticleSDNY Distinguishes Supreme Court, Holds Tribune Company's Leveraged Buyout Falls Within Section 546(e) Safe Harbor ProvisionThis case arises from Tribune's longstanding Chapter 11 bankruptcy that began in 2008United StatesInsolvency/Bankruptcy/Re-StructuringCaplin & Drysdale, Chartered
ArticlePre-Bankruptcy LBOS As Fraudulent TransfersFormer shareholders in leveraged buyouts may be sued by the estate representative or by creditors to recover funds paid to them for their shares as fraudulent transfers under federal or state law if the debtor subsequently files for bankruptcy.United StatesInsolvency/Bankruptcy/Re-StructuringCaplin & Drysdale, Chartered
ArticleCharities And Governance: Is The IRS Subject To Challenge?The following discussion is intended to explore ramifications of the role the IRS is assuming regarding charities and governance. As such, it highlights the inherent tension between a system of rules drawn from, and limited by, the explicit terms of the authorizing statute, the Internal Revenue Code of 1986, and an oversight system deriving its authority from equity and the common law. United StatesTaxCaplin & Drysdale, Chartered
ArticleRisk Of Harm Standing In Data Breach Cases – Latest DevelopmentsIs an increased risk of harm sufficient to establish standing in a data breach case? Most courts have avoided an absolute answer, instead weighing the characteristics of the data breach. United StatesPrivacyCaplin & Drysdale, Chartered
ArticleCredit Default Swaps And The Bankrupt Counterparty - Entering The Undiscovered CountryThe credit default swap ("CDS") has never been tested in bankruptcy proceedings on any significant scale, particularly under recent amendments to the Bankruptcy Code.United StatesInsolvency/Bankruptcy/Re-StructuringCaplin & Drysdale, Chartered
ArticleThe New Environment in Corporate Criminal and Tax Enforcement - A New Push Begins…Prosecutors Like Corporate Fraud CasesUnited StatesTaxCaplin & Drysdale, Chartered
ArticleThe First Circuit Joins Several Other Circuit Courts In Finding That Creditors' Committees Have An Unconditional Right To Intervene In Adversary ProceedingsOn September 22, 2017, the First Circuit Court of Appeals held that § 1109(b) of the Bankruptcy Code (the "Code") provides a creditors' committee with an "unconditional right to intervene" in an adversary proceeding.United StatesLitigation, Mediation & ArbitrationCaplin & Drysdale, Chartered
ArticleGarvin And Its Aftermath: The Ninth Circuit Upholds A Bankruptcy Plan Contemplating Income From A Cannabis-Related Source And Several Bankruptcy Courts Quickly Weigh InThe CWNevada LLC court's suggestion that there may be cases where relief is appropriate for debtors that generate income from marijuana-related activities supports this view.United StatesInsolvency/Bankruptcy/Re-StructuringCaplin & Drysdale, Chartered
ArticleEnforcing Non-US Tax Authority Requests For Taxpayer InformationAs the world's citizens engage in more international transactions, the world's tax authorities struggle to keep up.United StatesTaxCaplin & Drysdale, Chartered
ArticleOffshore Tax Enforcement, Voluntary Disclosure, And Undeclared Foreign AccountsFor the past several years the worldwide business press has been full of stories about potentially thousands of U.S. taxpayers who may have undeclared accounts all over the world. United StatesTaxCaplin & Drysdale, Chartered
ArticleAddressing The Economic Downturn Under Existing Transfer Pricing MethodsThe period from the early 1980s through mid-2008, during which many transfer pricing methods and their application matured, was one of generally strong profitability for multinational companies. United StatesTaxCaplin & Drysdale, Chartered
ArticleINTERNATIONAL DEVELOPMENTS: Taxation Of Passive Foreign Investment Companies: Current Rules, Problems And Possible SolutionsThe United States has for many years taxed certain U.S. shareholders of closely held or controlled foreign corporations deriving principally passive or related-party income on their pro rata share of the corporation's earnings whether or not distributed. United StatesTaxCaplin & Drysdale, Chartered
ArticleA History Of The FARA UnitThe Foreign Agents Registration Act ("FARA") has been in place since 1938. United StatesGovernment, Public SectorCaplin & Drysdale, Chartered
ArticleCaplin & Drysdale Tax Alert - November 2004In this edition of TaxAlert, Ms. Katz summarizes a number of international tax matters, Mr. Doran discusses deferred compensation, and Mr. Rizek discusses tax shelter reform. United StatesAccounting and AuditCaplin & Drysdale, Chartered
ArticleThe Effrontery Of The Asbestos Trust Transparency Legislation EffortsFor more than eighty years corporations that produced and distributed asbestos-containing products have attempted to avoid responsibility for the deaths and injuries of millions of American workers and consumers.United StatesLitigation, Mediation & ArbitrationCaplin & Drysdale, Chartered
ArticleCriminal Tax Investigations and Current-Year Returns: New Thoughts on a Perennial IssueCriminal tax cases present many issues unique to the world of while-collar criminal practice, but perhaps the most complex and intriguing one arises from the annual requirement that every U.S. taxpayer file a timely, accurate and complete tax return, and the implications of this requirement for the target of the investigation.United StatesAccounting and AuditCaplin & Drysdale, Chartered