James R. Malone, Jr. – Post & Schell, P.C.

Tax Treaties: A Second Look at Discretionary Treaty Benefits

A district judge reconsidered a prior ruling holding that a taxpayer who had been denied discretionary benefits under a tax treaty could pursue a refund action last week. But it was not a complete win for the government, as the…more
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Conservation Easements: An Entirely Different Sort of Mess.

A taxpayer in a conservation easement case actually took the deduction for the easement in the wrong tax year. While this sound unlikely, some technical issues of state law deprived the taxpayer of a charitable deduction worth…more
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Tax Procedure: The Failure of the IRS to Comply with a Closing Agreement Does Not Invalidate a Tax Assessment.

In a case involving the late Al Davis of the Oakland Raiders, the Ninth Circuit ruled that the mere fact the IRS violated a closing agreement did not invalidate a tax assessment…more
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Partnership Taxation: A Purported Investment Is Treated As a Disguised Sale.

The IRS has a variety of tools that it deploys when it believes that a partnership is engaged in abusive transactions. This post covers a recent Fourth Circuit case applying the disguised sales rule under Section 707 of the…more
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Tax Shelters: A Major-Minor Mishap

This post covers a Sixth Circuit case dealing with a major-minor foreign currency tax shelter; the court overturned the Tax Court's disallowance of the claimed loss, as well as the penalty…more
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Tax Procedure: A Recent “Clarification” of the Tax Court Offers Little Clarity.

As part of the Consolidated Appropriations Act, 2016, Pub. L. 114-113, Congress amended a variety of provisions of the Code relevant to the Tax Court; this package included a provision that was designed to clarify the status of…more
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State and Local Taxation: What’s in a Name? That Which We Call a Privilege Can Be Taxed.

This post covers a recent decision from a divided Pennsylvania Supreme Court addressing whether a business privilege tax can reach revenue from leasing real estate…more
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Listed Transactions: A Look at Basket Option Contracts, Part II.

This post continues my earlier discussion on basket option contracts…more
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Listed Transactions: A Look at Basket Option Contracts.

The IRS recently indicated that basket option contracts are a tax avoidance transaction and issued a notice providing that they should be treated as listed transactions. This post provides an introduction to this type of…more
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Partnership Taxation: An Inadequate Record for Computational Adjustments Triggers A Refund

While TEFRA is conceptually simple, in operation it is very complicated. The complications usually trip up taxpayers. This post covers a TEFRA case with a twist: it was the IRS that ran afoul of TEFRA…more
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A Page of History: The Pennsylvania Supreme Court Sustains Gross Receipts Tax, Rejecting Verizon’s Challenge

This post covers a state tax case from Pennsylvania that featured a seemingly illogical outcome that was driven by history…more
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Bucking a Trend: Santander Stars Shelter Upheld

While the government has had significant success in challenging the STARS shelter, this post covers a case that the taxpayer won…more
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And Now for Something Completely Different: New Rules for Partnership Audits

As part of the budget bill, Congress rolled out a radical change for partnership audits. TEFRA will be repealed, and a new entity-based approach will replace it…more
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Return Preparer Regulation: The D.C. Circuit Reinstates the Aicpa’s Challenge to the Voluntary Preparer Program

This post covers a decision from the D.C. Circuit that reinstated the AICPA's challenge to the IRS's voluntary preparer program…more
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Partnerships, Interest, and Refund Claims: A Recipe for Misfortune, Part II

This post continues coverage of the General Mills case involving a problematic refund claim…more
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Areas of Practice
  • Appellate Practice
  • Litigation
  • Taxation
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