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Focus on Tax
January 2009
In This Issue...


Unredeemed Gift Cards and Stored Value Cards Present Unclaimed Property and Income Tax Issues


Bailout and NOL Rules: What, Me Worry?


Final Regulations Under Code Secs. 468B and 7872—A Win for Independent Qualified Intermediaries and Their Advocates


Structure Counts! The Tax Implications Arising From the Formation, Operation and Liquidation of C Corporations, S Corporations, Partnerships and Limited Liability Companies


United States v. Stein: The Second Circuit Affirms!


Unredeemed Gift Cards and Stored Value Cards Present Unclaimed Property and Income Tax Issues

Unclaimed electronic gift cards and stored value cards along with paper gift certificates amount to $8 billion to $9 billion annually nationwide. While a trend for state governments to audit these amounts occurred in the 1990s, now federal auditors are targeting retailers’ income from unclaimed gift cards, with the IRS recently issuing a Field Attorney Advice and an Industry Director’s Directive. John A. Biek, in an article in the Journal of Passthrough Entities, explains the evolution of unclaimed property laws and audits and offers insight regarding questions federal auditors will be examining.

Read this article from Corporate Business Taxation Monthly
Read this article from the Journal of Passthrough Entities
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Related items of interest include:
Property Tax Alert
U.S. Master Property Tax Guide (2009)
Top Federal Tax Issues for 2009 CPE Course
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Bailout and NOL Rules: What, Me Worry?

While the Housing and Economic Recovery Act of 2008 and the Emergency Economic Stabilization Act of 2008 focused on the gloomy financial world, the legislation also enacted numerous tax provisions. Robert W. Wood, in an article in The M & A Tax Report, looks at areas of the new laws that affect NOLs, including regulations under Code Sec. 382(m) pertaining to acquisitions in which the U.S. acquires a more than 50-percent interest (which can be either direct or indirect) in a loss corporation.

Read this article from Federal Tax Course Letter
Read this article from The M & A Tax Report
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Related items of interest include:
Tax Legislation 2008: Emergency Economic Stabilization Act – Law, Explanation and Analysis
Tax Legislation 2008: Housing Assistance Tax Act of 2008; Law, Explanation and Analysis
Tax Legislation 2008: Complete 2008 Highlights Bundle
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Final Regulations Under Code Secs. 468B and 7872—A Win for Independent Qualified Intermediaries and Their Advocates

John A. Sikora, in an article in Taxes—The Tax Magazine, examines the final regulations relating to application of Code Secs. 468B and 7872 to exchange funds held by qualified intermediaries and others in connection with exchange transactions.

Read this article from tthe Journal of Tax Practice and Procedure
Read this article from Taxes - The Tax Magazine®
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Related items of interest include:
Financial Planning Answer Book (2009)
Estate & Retirement Planning Answer Book (2009)
U.S. Master™ Guide Subscription Library Plan
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Structure Counts! The Tax Implications Arising From the Formation, Operation and Liquidation of C Corporations, S Corporations, Partnerships and Limited Liability Companies

Tax and nontax considerations often govern the type of entity structure utilized for a particular business venture. Certain factors often come into play throughout the various stages of an entity’s existence—from its organization through its operation and during its liquidation. In an article in Corporate Business Taxation Monthly, Agnes Gesiko analyzes tax and nontax implications arising from the use of various business entities while describing several advantages and disadvantages of utilizing particular entity structures.

Read this article from Tax Planning for Troubled Corporations
Read this article from Corporate Business Taxation Monthly
Subscribe to Corporate Business Taxation Monthly
Related items of interest include:
Multistate Tax Guide to Pass-Through Entities (2009)
Federal and State Taxation of Limited Liability Companies (2009)
S Corporation Taxation (2009)
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United States v. Stein: The Second Circuit Affirms!

As federal inquiries into alleged tax shelters increase, the right to adequate legal representation—long a tradition in American justice—is now often equated with enough funds to see a proper defense through to the end. Innocent tax planners should not be forced to plea bargain guilt for want of enough money to defend themselves against federal prosecutors’ bottomless coffers. Waxing at turns both patriotic and instructive, Charles P. Rettig and Kathryn Keneally, in an article in the Journal of Tax Practice & Procedure, detail a landmark case as well as an ensuing Dept. of Justice memorandum restraining overzealous prosecutors from coercing corporations to drop legal representation of employees.

Read this article from International Tax Journal
Read this article from the Journal of Tax Practice & Procedure
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Related items of interest include:
Tax Shelter Alert
SEC Disclosures Checklists (2009)
SOX 404 for Small, Publicly Held Companies, with CD (2009)
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