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  • Article

    Estate Tax Legislation In 2009: Avoiding The Train Wreck

    When Congress enacted the Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA"), 2010 seemed like a time in the distant future.
    United StatesTax
    Caplin & Drysdale, Chartered
    Caplin & Drysdale, Chartered
  • Article

    Growing List Of States And Localities Extend Lobbying Filing Deadlines In Response To COVID-19 Pandemic

    In 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
    Caplin & Drysdale, Chartered
  • Article

    "Kiva Dunes" And Golf Course Conservation Easements: Important Implications For Tax Deductibility Of Conservation Easement Contributions

    Several 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 StatesTax
    Caplin & Drysdale, Chartered
    Caplin & Drysdale, Chartered
  • Article

    DOJ (Sort Of) Releases Six New FARA Advisory Opinions

    Against 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 Sector
    Caplin & Drysdale, Chartered
    Caplin & Drysdale, Chartered
  • Article

    SDNY Distinguishes Supreme Court, Holds Tribune Company's Leveraged Buyout Falls Within Section 546(e) Safe Harbor Provision

    This case arises from Tribune's longstanding Chapter 11 bankruptcy that began in 2008
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Caplin & Drysdale, Chartered
    Caplin & Drysdale, Chartered
  • Article

    Pre-Bankruptcy LBOS As Fraudulent Transfers

    Former 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-Structuring
    Caplin & Drysdale, Chartered
    Caplin & Drysdale, Chartered
  • Article

    Charities 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 StatesTax
    Caplin & Drysdale, Chartered
    Caplin & Drysdale, Chartered
  • Article

    Risk Of Harm Standing In Data Breach Cases – Latest Developments

    Is 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 StatesPrivacy
    Caplin & Drysdale, Chartered
    Caplin & Drysdale, Chartered
  • Article

    Credit Default Swaps And The Bankrupt Counterparty - Entering The Undiscovered Country

    The 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-Structuring
    Caplin & Drysdale, Chartered
    Caplin & Drysdale, Chartered
  • Article

    The New Environment in Corporate Criminal and Tax Enforcement - A New Push Begins…

    Prosecutors Like Corporate Fraud Cases
    United StatesTax
    Caplin & Drysdale, Chartered
    Caplin & Drysdale, Chartered
  • Article

    The First Circuit Joins Several Other Circuit Courts In Finding That Creditors' Committees Have An Unconditional Right To Intervene In Adversary Proceedings

    On 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 & Arbitration
    Caplin & Drysdale, Chartered
    Caplin & Drysdale, Chartered
  • Article

    Garvin And Its Aftermath: The Ninth Circuit Upholds A Bankruptcy Plan Contemplating Income From A Cannabis-Related Source And Several Bankruptcy Courts Quickly Weigh In

    The 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-Structuring
    Caplin & Drysdale, Chartered
    Caplin & Drysdale, Chartered
  • Article

    Enforcing Non-US Tax Authority Requests For Taxpayer Information

    As the world's citizens engage in more international transactions, the world's tax authorities struggle to keep up.
    United StatesTax
    Caplin & Drysdale, Chartered
    Caplin & Drysdale, Chartered
  • Article

    Offshore Tax Enforcement, Voluntary Disclosure, And Undeclared Foreign Accounts

    For 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 StatesTax
    Caplin & Drysdale, Chartered
    Caplin & Drysdale, Chartered
  • Article

    Addressing The Economic Downturn Under Existing Transfer Pricing Methods

    The 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 StatesTax
    Caplin & Drysdale, Chartered
    Caplin & Drysdale, Chartered
  • Article

    INTERNATIONAL DEVELOPMENTS: Taxation Of Passive Foreign Investment Companies: Current Rules, Problems And Possible Solutions

    The 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 StatesTax
    Caplin & Drysdale, Chartered
    Caplin & Drysdale, Chartered
  • Article

    A History Of The FARA Unit

    The Foreign Agents Registration Act ("FARA") has been in place since 1938.
    United StatesGovernment, Public Sector
    Caplin & Drysdale, Chartered
    Caplin & Drysdale, Chartered
  • Article

    Caplin & Drysdale Tax Alert - November 2004

    In 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 Audit
    Caplin & Drysdale, Chartered
    Caplin & Drysdale, Chartered
  • Article

    The Effrontery Of The Asbestos Trust Transparency Legislation Efforts

    For 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 & Arbitration
    Caplin & Drysdale, Chartered
    Caplin & Drysdale, Chartered
  • Article

    Criminal Tax Investigations and Current-Year Returns: New Thoughts on a Perennial Issue

    Criminal 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 Audit
    Caplin & Drysdale, Chartered
    Caplin & Drysdale, Chartered

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