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Thursday | Dec. 4, 2008   
 
June 2007


Developments in Multistate Taxation


The IRS Creates a New Category of Intangible Property


If at First You Don't Succeed, Try Appeals Mediation


Don't Sweat the Assumed Debt?


Dealing With the IRS After an Audit


Small Business and Work Opportunity Tax Act of 2007


Developments in Multistate Taxation  
In Arizona, the Dept. of Revenue's CTR 07-01 advises that when a multistate corporation invests its working capital in short-term instruments, only net gain from these short-term investments is included in the sales factor of the apportionment formula. 

Idaho's new law, HB141, amends Id. Code §63-3023 by deleting a provision that exempts non-Idaho banks and financial institutions from Idaho income tax. In New York, the budget bill for 2007-2008 provides business tax rate reductions and closes so-called corporate tax "loopholes." 

Philip Tatarowicz and Rebecca Bertothy, in their column in Corporate Business Taxation Monthly, provide a roundup of must-know developments in state taxation across the country.

Read this article from Corporate Business Taxation Monthly
Related publications of interest include:
State Tax Handbook
Multistate Corporate Tax Guide
Journal of State Taxation
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The IRS Creates a New Category of Intangible Property
A recent IRS Industry Directive focusing on Code Sec. 936 restructurings contains a troubling statement from the IRS regarding what it believes to be a new class of intangible property subject to the application of Code Sec. 367.

The directive asserts that "workforce-in-place" constitutes a class of intangible property for purposes of Code Sec. 367. 

James P. Fuller, Barton W.S. Bassett, and William R. Skinner, in an article in International Tax Journal, counter that assumption by pointing to relevant statutory provisions and rebut IRS carte blanche powers under the statutory reference "any similar item."

Read this article from International Tax Journal
Related publications of interest include:
International Tax Planning Library
International Taxation: U.S. Taxation of Foreign Persons and Foreign Income (Fourth Edition)
International Accounting/Financial Reporting Standards Guide (2007) (formerly 'Miller')
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If at First You Don't Succeed, Try Appeals Mediation 
The IRS has adopted a number of mediation and alternative dispute resolution programs in response to a 1998 Congressional mandate. But whether mediation or dispute resolution is your best bet turns on a number of factors, such as what type of cases can be brought into each, the targeted time frame for resolution, and whether the neutral will be an IRS employee or an outside co-mediator. 

Maxine Aaronson and Steven Salch, in their article in the Journal of Tax Practice and Procedure, present a handy pocket guide to identify and compare the post-examination programs available to taxpayers.

Read this article from the Journal of Tax Practice and Procedure
Related publications of interest include:
Federal Taxation Practice and Procedure (8th Edition)
Tax Planning for Troubled Corporations
Journal of Passthrough Entities
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Don't Sweat the Assumed Debt?
Historically, when planning an acquisitive reorganization to which Code Sec. 351 applies, you worry whether the assumed debt of the transferor will be greater than the adjusted basis of the transferred property. However, it's a new day after the American Jobs Creation Act for gain recognition under Code Sec. 357 ( c ). 

Stan D. Blythe, in his article in the M&A Tax Report, explains when Code Sec. 357 ( c ) no longer applies to certain acquisitive reorganizations.

Read this article from the M&A Tax Report
Read this article from the M&A Tax Report
Subscribe to the M&A Tax Report
Related publications of interest include:
Taxes-The Tax Magazine
Business Tax Answer Book
Practical Guide to Mergers, Acquisitions and Business Sales
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Dealing With the IRS After an Audit
What do you do when you have been audited by the IRS and disagree with the results? It might be best to follow the head rather than the heart and pay the tax if it's the cheapest way to end the dispute. 

A manager's conference is an option, but it might not be worth the fees incurred since IRS managers often support the findings of their auditors. In most situations, however, an Appeals protest and conference is the best choice because Appeals is separate from the IRS auditing group.

Ray Moore, in his article in Executive's Tax & Management Report, explains how to maximize your potential for achieving a favorable settlement. 

Read this article from Executive's Tax & Management Report
Read this article from Executive's Tax & Management Report
Subscribe to Executive's Tax & Management Report
Related publications of interest include:
Essentials of Federal Income Taxation for Individuals and Business (2007)
Journal of Tax Practice and Procedure
Federal Tax Course Letter
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Small Business and Work Opportunity Tax Act of 2007

The first major tax law of 2007, the Small Business and Work Opportunity Tax Act of 2007, P.L.110-28, was passed by the House on May 24, 2007 by a vote of 280 to 142. It was approved that same day by the Senate by an 80 to 14 margin. President Bush signed the Act into law on May 25, 2007. 

This Act is part of a larger and more controversial bill, H.R. 2206, U.S. Troop Readiness, Veterans Care, Katrina Recovery and Iraq Accountability Appropriations Act of 2007. We are including the CCH Tax Briefing: Special Report in this issue of Focus on Tax, compliments of CCH.
 

Read the Small Business and Work Opportunity Tax Act Briefing
Read the Small Business and Work Opportunity Tax Act Briefing
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Corporate Business Taxation Monthly
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International Tax Journal
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Journal of Tax Practice and Procedure

Straightforward commentary, tips, techniques and strategies for effective client representation in tax controversies
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M&A Tax Report
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Executive's Tax & Management Report
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