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

Four Penn Center
1600 JFK Boulevard
Philadelphia, PA 19103, United States
Phone: 215-587-1051
Fax: 215-320-4700
Areas of Practice
  • Appellate Practice
  • Litigation
  • Taxation

Roth Redux: The Tax Court and Substance over Form

The Tax Court recently issued a divided opinion that appears to be at odds with the Sixth Circuit’s decision in Summa Holdings on the use of stock in affiliated entities as assets and whether the dividends were subject to the…more

A Switch in Time: Change Your Mind and Change Your Tax Rate

This post covers a recent Tax Court case where a developer changed its mind about a property and saved on its tax bill. …more

Keep Your Story Straight: Differing Inventory Values Yield A Tax Deficiency

A business owner seeking to sell his business asserted its inventory was worth over $100 million at cost. But its tax returns said it was worth around $1.6 million. An audit and a significant adjustment followed…more

Recovery Follows Exhaustion: A Refund Claim Gone Awry

There is a right way and a wrong way to seek a tax refund. This post covers a recent Seventh Circuit case where procedural miscues doomed a potentially meritorious refund claim…more

Turnabout Is Fair Play: Payments by a Hospital to Former Residents In FICA Dispute Are Subject to Indemnification

An issue that seemed closed, the question whether medical residents are exempt from FICA withholding, gave rise to an interesting question about an employer’s right to be indemnified by the federal government for payments made…more

A Little Bit of Tax Reform: A Look at Wrongful Levies

This post covers the changes made to the treatment of wrongful levies under the Tax Cuts and Jobs Act, which clearly qualify as reform…more

Other People’s Money: Treat It Like It’s Yours…and the Government Will Tax It Like It’s Yours

This post covers an interesting Fifth Circuit opinion addressing the tax treatment of money held for the benefit of someone else when the holder misappropriates it…more

Exempt Organizations: The New Excise Tax on Excess Compensation

This post provides an introduction to the new excise tax imposed on exempt organizations that pay excess compensation…more

Exemption Revoked: One Hospital’s Joint Venture Mishap

This post covers a recently released PLR involving a hospital joint venture that triggered a revocation of tax-exempt status…more

Lawyers Blaming Lawyers: A Trust Fund Tax Tale

This post covers a recent trust fund recovery penalty case involving a law firm that fell behind on its employment taxes. It serves as a timely reminder that if you are responsible, no one cares if its your fault…more

An Ounce of History: The Sixth Circuit Addresses Refund Claims for Excise Taxes

This post covers an important opinion from the Sixth Circuit addressing refund procedures for excise taxes. The court concluded that a refund claim must include proof that the claimant bore the excise tax by refunding its…more

Seize the Day: The Vagaries of the Pennsylvania Tax Refund Limitations Period.

This post reviews a recent Pennsylvania Supreme Court decision on when the limitations period for tax refund claims commences, a subject that is more complex than it would seem at first…more

Tax Procedure: Sometimes Substance over Form Means Equity is Debt.

The Ninth Circuit applied a substance over form analysis to a purported equity investment and sustained the Tax Court's determination that it was disguised debt. The court characterized the arrangement as "tax borscht" for good…more

Be a Little Subtle: A Look at Bad Tax Planning

This post summarizes a recent memorandum opinion in which the Tax Court addressed some fairly aggressive tax planning a Texas couple got talked into…more

Don’t Try This at Home: Equitable Doctrines Are for Governments, Not for Taxpayers.

This post covers a recent Tax Court case where two taxpayers sought to have the court focus on the substance of a transaction, not its form. Since they selected the form, this argument went nowhere…more
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