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

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

Heal Thyself: A Look at Audits Of Hospital Organizations under Section 501(r)

This post covers IRS examination activity aimed at testing compliance with section 501(r) of the Internal Revenue Code by hospital organizations…more

Win Some, Lose Some: The Pennsylvania Supreme Court on Uniformity

Last week, the Supreme Court of Pennsylvania issued its long-awaited decision in the Nextel case, which involved a challenge to the structure of the net loss carryover deduction under Pennsylvania’s Corporate Net Income Tax as a…more

Flirting with Disaster: A Look at How Tax-Exempt Status Can Be Revoked.

When a non-profit organization is audited by the IRS, it is literally life-threatening, as its continued status as a tax-exempt organization is put at risk. This post provides an oversight of the process…more

Transferee Liability: Another Vote for Substance over Form Under State Law.

Recently, the Eleventh Circuit ruled that a substance over form analysis modeled on federal tax cases was a viable method to establish a transfer for purposes of state fraudulent transfer laws by recasting a transaction to…more

Tax Procedure: Corporate Inversion Regulation Invalidated

On September 29th, a district court in Texas invalidated a temporary regulation aimed at inversions that was promulgated in 2016 under section 7874. This post provides the background to the decision…more

Tax Procedure: Sometimes It’s Who You Know, Not What You Know

This post covers a taxpayer-friendly ruling issued by the Tax Court last week on the accuracy-related penalty in the context of a tax shelter. Relatively informal advice from a friend and former colleague was sufficient for the…more

Tax Shelters: Denied a Claim for Foreign Tax Credits, Wells Fargo’s Effort to Claim a Deduction Fails.

This post covers the latest chapter in the long-running case involving Wells Fargo's STARS transaction. Last week, the district court rejected the taxpayer's effort to deduct the taxes it incurred in connection with the…more

Just Because You Say It’s Debt Doesn’t Mean It Is: Substance over Form in Action

One of the common instances where substance over form issues arise is in the treatment of what purports to be debt as an equity investment. Last week, the Tax Court decided one of these cases, which is covered by this post…more

A Little Sauce for the Gander: The Ninth Circuit Holds that a Bankruptcy Trustee Can Recoup Tax Payments from the IRS as Fraudulent Transfers Under Applicable State Law

The IRS routinely relies upon state fraudulent transfer statutes to recover delinquent taxes from third parties who received property from the taxpayer. Last week, the Ninth Circuit ruled that payments to the IRS can be…more
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