2015-Issue 6—On April 1, 2015, the U.K. is introducing a new tax, the Diverted Profits Tax (DPT), which has been dubbed the “Google tax” by the media. It is aimed at aggressive tax planning that erodes the U.K. tax base. However, based on the…

2015-Issue 4—Crosby, Stills and Nash (apologies to Neil Young…maybe next time) could never have imagined the lyrics to their hit single “Long Time Gone” would ever remotely describe an IRS tax pronouncement. Yet, here we are. For nearly two decades…

2015-Issue 3—Incentive compensation is an integral part of the total compensation package for executives at most large, publicly traded companies. To understand current annual and long-term incentive compensation pay practices in the oil and gas…

2015-Issue 2—A fresh set of implementation guidelines was issued early in February by the Organisation for Economic Co-operation and Development (OECD) on Action 13 — Transfer Pricing Documentation and a Template for Country-by-Country…

2015-Issue 1— For nearly two decades, the federal courts virtually unanimously agreed that fiduciaries of employee stock ownership plans (ESOPs) were entitled to a presumption of prudence in purchasing or holding employer securities, except under…

2014-Issue 47—On October 31, 2014, the IRS released proposed regulations that contain further guidance on the application of Code Section 751(b). The proposed regulations for the most part follow the methodology originally outlined in Notice 2006-14…

2014-Issue 46—In our recent article on converting real-estate-related businesses into real estate investment trusts (REITs), we outlined key business and tax issues that accompany the REIT conversion process. (See “REIT Conversions — A Primer on Key…

2014-Issue 45–Have you relied on guidance from the Internal Revenue Service to analyze a situation, structure a transaction or obtain an instructional roadmap for completing your tax returns? To a seasoned tax professional, this question may seem…

2014-Issue 44—"I have been urging Congress to pass anti-inversion legislation, which is the only way to close the door on these transactions entirely," Treasury Secretary Jack Lew recently told reporters. "Now that it is clear that Congress won’t…

2014-Issue 41—In its continued effort and focus on transfer pricing, the IRS Large Business and International (LB&I) division published a “roadmap” designed to help IRS exam teams improve the efficiency and transparency of transfer pricing…

2014-Issue 40—“Villainy, thy name is Taxpayer!” is what the IRS might wail if we all lived in a world encompassing a Shakespearean tragedy. Thankfully, we don’t. But nonetheless, the IRS is continually bedeviled by certain artful taxpayers, for whom…

2014-Issue 36—It is critical for distressed companies to retain and motivate key talent both during the bankruptcy process and upon emergence from bankruptcy. The implementation of key employee incentive plans (KEIPs) during the bankruptcy process…

2014-Issue 35—On July 29, 2014, Windstream Holdings, Inc. announced its plans to spin-off certain telecommunication network assets into a publicly traded real estate investment trust (REIT) following the issuance of a favorable private letter ruling…

2014-Issue 34—Just before summer, the IRS spoke unofficially about a new audit initiative covering Section 409A compliance for deferred compensation. This appears to be the first organized audit initiative specifically geared at Section 409A…

2014-Issue 34—Just before summer, the IRS spoke unofficially about a new audit initiative covering Section 409A compliance for deferred compensation. This appears to be the first organized audit initiative specifically geared at Section 409A…

2014-Issue 33—Over the last 15 years, e-commerce has become an increasingly important part of the U.S. economy. According to the U.S. Census Bureau, e-commerce accounted for $5 billion in the fourth quarter of 1999, which represented less than one…

2014-Issue 32—As shown by the results of Alvarez & Marsal’s recent survey of public company change in control agreements (“golden parachutes”), the reaction to the heavy criticism leveled at such agreements over the last decade has been to…

2014-Issue 30—It has been 17 years since the United Stationers’ case fundamentally changed the government’s view on the research tax credit and created a new standard known as the “discovery test” (United Stationers, Inc. v.  U.S.,…

2014-Issue 29—Foreign tax credits (FTCs) aim to alleviate double taxation by providing a dollar-for-dollar reduction of U.S. tax liability. U.S. multinationals rely on FTCs to reduce cash tax, improve their effective tax rate and optimize earnings…

2014-Issue 27—The passive activity loss rules of Section 469 of the Internal Revenue Code limit the losses that an individual, trust, estate, closely held C corporation, or a personal service corporation can recognize from trade or business…