Vol. 73, No. 4 - Summer 2020

Taxation

The Morass of the Anti-Injunction Act: A Review of the Cases and Major Issues

by Leslie Book and Marilyn Ames

As Congress gives the Service more tasks to perform beyond its functions of assessing and collecting taxes, courts, practitioners, and academics are struggling to apply the Anti-Injunction Act (AIA) as the Service promulgates procedures in the course of fulfilling these new mandates. ...

Taxation

Basis and Bargain Sales: Income Tax and Other Concerns

Bridget J. Crawford and Jonathan G. Blattmachr

This Article explores the income tax consequences of the sale of property during a taxpayer’s lifetime and at death for less than fair market value. The analysis focuses in particular on the tax consequences of a bargain sale by a transferor who wishes to confer some financial benefit on a family member but leave the rest of her estate to charity. ...

Taxation

Tax MACs: A Study of M&A Termination Rights Triggered by Material Adverse Changes in Tax Law

by Heather M. Field

A “Tax MAC” provision—one that triggers termination or other rights upon a material adverse change in tax law—can be crucial to a business deal if a change in tax law would change a party’s interest in consummating the deal, particularly at the specified price and on the articulated terms. ...

Taxation

Naked Stripping for Alimony and Child-Support Tax Benefits

by Steven J. Willis

Despite the alimony tax deduction repeal as part of the 2017 Tax Cuts and Jobs Act (TCJA), opportunities for alimony and child-support tax benefits currently exist. Indeed, the attempted repeal actually expanded the tax benefits—even extending them to child support—contrary to the stated congressional intent. ...

Index to Volume 73

ABA Section of Taxation

This index includes articles, committee reports, student notes, and miscellaneous items that appear in volume 73 of The Tax Lawyer.