Bio

Elliot Pisem, for more than 30 years, has concentrated on corporate and partnership taxation. Working with a broad range of clients, including real estate investors and developers, he has created, negotiated, and implemented sophisticated partnership arrangements, joint ventures, and corporate structures to accommodate complex transactions. With extensive experience in lessor/lessee issues in real property transactions, tax-free like-kind exchanges, and the structuring and operation of REITs, he has worked with tax-exempt investors; advised on historic rehabilitation projects, charitable contributions of “façade easements” and similar interests in real property; and developed tax-efficient structures for investment by foreign persons in U.S. real property and techniques for acquiring property already held by foreign owners. In addition to taxable and tax-free acquisitions, he has advised on spin-offs and other corporate and partnership divisions, and deals with the taxation of financial instruments, including the application of original issue discount, straddle, and swap rules, and the use of single- and multi-class pass-through certificate structures. He has represented corporate and non-corporate debtors and their creditors in debt restructuring and workout transactions, both within and outside of bankruptcy.

He serves on the Executive Committee of the Tax Section of the NY State Bar Association and as Co-Chair of its Committee on Compliance, Practice & Procedure, having previously served as Co-Chair of the Committees on Pass-Through Entities, Partnerships, Tax Accounting Matters, Bankruptcy, Cost Recovery, and Real Property. The committees he has co-chaired have prepared reports on, inter alia, Regulations under Code section 707(a)(2) relating to “disguised sales” of property between partnerships and partners, the transfer pricing Regulations under Code section 482, the “bonus depreciation” Regulations under Code sections 168(k) and 1400(b), and monetary penalties on practitioners under Treasury Department Circular 230.  He is the co-author of a bi-monthly column on corporate tax matters in the New York Law Journal and writes frequently for the Journal of Taxation and other publications.

He received his B.A.(1975) and J.D.(1978) from Columbia University, where he was a Stone scholar.

Purported Loans Not Considered Debt
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, 12/19/24
Download the file for Purported Loans Not Considered Debt.
Termination of Status as S Corporation Shareholder
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, 10/17/2024
Download the file for Termination of Status as S Corporation Shareholder.
Coordination of ESOP Benefits With Installment Method
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, 08/15/2024
Download the file for Coordination of ESOP Benefits With Installment Method.
Theft Loss Deductions Denied
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, 06/20/2024
Download the file for Theft Loss Deductions Denied.
Sham Stock Sales: Acqis Technology v. Commissioner
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, 04/18/2024
Download the file for Sham Stock Sales: Acqis Technology v. Commissioner.
Intercompany Loans Recharacterized: 'Fry v. Commissioner'
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, 02/15/2024
Download the file for Intercompany Loans Recharacterized: 'Fry v. Commissioner'.
Transferee Liability under New York Law: 'Dillon Trust Co. v. United States'
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, 12/21/2023
Download the file for Transferee Liability under New York Law: 'Dillon Trust Co. v. United States'.
Hyatt Hotels: Are Omissions from Gross Income an Accounting Method?
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, 10/19/2023
Download the file for Hyatt Hotels: Are Omissions from Gross Income an Accounting Method?.
Capital Loss Disputed: Computer Sciences Corp. v. Commissioner
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, 08/17/2023
Download the file for Capital Loss Disputed: Computer Sciences Corp. v. Commissioner.
When an Expense is Considered 'Paid': 'Gage v. Commissioner'
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, 06/15/23
Download the file for When an Expense is Considered 'Paid': 'Gage v. Commissioner'.
Taxing the Donor upon the Sale of Donated Shares: 'Estate of Hoensheid'
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, 04/21/2022
Download the file for Taxing the Donor upon the Sale of Donated Shares: 'Estate of Hoensheid'.
Deductions for Amounts Paid by S Corporation Shareholders Fall between the Cracks
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, 02/16/2023
Download the file for Deductions for Amounts Paid by S Corporation Shareholders Fall between the Cracks.
Successor Liability for Taxes: ‘ACI Construction’
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, 12/15/22
Download the file for Successor Liability for Taxes: ‘ACI Construction’.
A Trap in the Interest Limit's Small Business Exemption
by Elliot Pisem
Published: Tax Notes, 9/23/2019
Download the file for A Trap in the Interest Limit's Small Business Exemption.
Deduction Versus Amortization of Start-Up Costs: 'Kellett v. Commissioner'
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, 08/18/22
Download the file for Deduction Versus Amortization of Start-Up Costs: 'Kellett v. Commissioner'.
Challenged Accounting Method Upheld: 'Continuing Life'
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, 06/16/22
Download the file for Challenged Accounting Method Upheld: 'Continuing Life'.
Federal Tax Guidance Overturned Under Administrative Procedure Act
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, 04/21/2022
Download the file for Federal Tax Guidance Overturned Under Administrative Procedure Act.
Correlative Adjustments Denied: 'FAB Holdings v. Commissioner'
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, 02/17/2021
Download the file for Correlative Adjustments Denied: 'FAB Holdings v. Commissioner'.
Recharacterization of Debt as Equity: 'Tribune Media'
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, 12/20/21
Download the file for Recharacterization of Debt as Equity: 'Tribune Media'.
'Kelly v. Commissioner': Loans Recharacterized as Distributions
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, 10/21/2021
Download the file for 'Kelly v. Commissioner': Loans Recharacterized as Distributions.
Transaction 'Integration': 'GSS Holdings (Liberty) v. United States'
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, 08/19/2021
Download the file for Transaction 'Integration': 'GSS Holdings (Liberty) v. United States'.
Equitable Estoppel Blocks Taxpayer: 'New Capital Fire v. Commissioner'
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, 06/17/2021
Download the file for Equitable Estoppel Blocks Taxpayer: 'New Capital Fire v. Commissioner'.
'Management Fee' Deductions Disallowed: 'Aspro, Inc. v. Commissioner'
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, 04/15/2021
Download the file for 'Management Fee' Deductions Disallowed: 'Aspro, Inc. v. Commissioner'.
Taxpayer Prevails on Substance Over Form: 'Complex Media, Inc. v. Commissioner'
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, 02/18/2021
Download the file for Taxpayer Prevails on Substance Over Form: 'Complex Media, Inc. v. Commissioner'.
Tax Treatment of Damages for Accountant Malpractice: McKenny v. United States
by David E. Kahen, Elliot Pisem
Published: December 28, 2020
Download the file for Tax Treatment of Damages for Accountant Malpractice: McKenny v. United States.
'Deckard': Failure to Establish Stock Ownership Defeats S Corp Shareholder Treatment
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, 10/16/2020
Download the file for 'Deckard': Failure to Establish Stock Ownership Defeats S Corp Shareholder Treatment.
No “Knowability” Requirement for Theft Losses: Adkins v. United States
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, August 24, 2020
Download the file for No “Knowability” Requirement for Theft Losses: Adkins v. United States.
No "Knowability" Requirement for Theft Losses: "Adkins vs. United States"
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 18, 2020
Download the file for No
Income Tax Relief Under COVID-19 Legislation
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 16, 2020
Download the file for Income Tax Relief Under COVID-19 Legislation.
Major Tax Changes in the CARES Act
by Elliot Pisem, Ellen Seiler Brody
Published: R&H Client Letter, April 10, 2010
Download the file for Major Tax Changes in the CARES Act.
Internal Revenue Service Eases Taxpayers' Audit and Compliance Burdens in Response to Coronavirus
by Elliot Pisem, Cory M. Paul
Published: R&H Client Letter, March 29, 2020
Download the file for <p>Internal Revenue Service Eases Taxpayers' Audit and Compliance Burdens in Response to Coronavirus</p>.
Bad Debt Deduction Denied to Guarantor: 'Baker Hughes' v. United States
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 20, 2020
Download the file for Bad Debt Deduction Denied to Guarantor: 'Baker Hughes' v. United States.
Transaction Costs (Not) Deductible by Target: "Plano Holding LLC v. Commissioner"
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, December 19, 2019
Download the file for Transaction Costs (Not) Deductible by Target:
New Guidance on "Hard Forks" and Changes from LIBOR
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 17, 2019
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"Claim of Right" Update: Mihelick v. United States
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, August 15, 2019
Download the file for
Always Be Nice to Whistle-blowers (And Other Changes Made by the Taxpayer First Act)
by Elliot Pisem, Ellen Seiler Brody
Published: July 25, 2019
Download the file for Always Be Nice to Whistle-blowers (And Other Changes Made by the Taxpayer First Act).
Update on Theft Losses: 'McNely v. Commissioner'
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 20, 2019
Download the file for Update on Theft Losses: 'McNely v. Commissioner'.
S Corporation Allocations Upon Transfer of Stock
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 18, 2019
Download the file for S Corporation Allocations Upon Transfer of Stock.
Value of Franchise Rights Under BIG Tax: 'H R B-Delaware v. Commissioner'
by Elliot Pisem, David E. Kahen
Published: February 21, 2019
Download the file for Value of Franchise Rights Under BIG Tax: 'H R B-Delaware v. Commissioner'.
Adoption and Change of Accounting Method: "Thrasys v. Commissioner"
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, December 19, 2018
Download the file for Adoption and Change of Accounting Method:
S Corporation Inconsistent Reporting Issues: 'Rubin v. United States'
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 18, 2018
Download the file for S Corporation Inconsistent Reporting Issues: 'Rubin v. United States'.
Loan v. Distribution: "Illinois Tool Works v. Commissioner"
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, August 16, 2018
Download the file for Loan v. Distribution:
S Corporation Elections -- Who Decides?
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 21, 2018
Download the file for S Corporation Elections -- Who Decides?.
Recent Developments Regarding Contributions to Capital
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 19, 2018
Download the file for Recent Developments Regarding Contributions to Capital.
Corporate Tax Changes in New Tax Law
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 15, 2018
Download the file for Corporate Tax Changes in New Tax Law.
Developments Regarding Micro-Captive Insurance Structures
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 19, 2017
Download the file for Developments Regarding Micro-Captive Insurance Structures.
Can Capital Gain Rates Apply to Income from Phantom Stock?
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 14, 2017
Download the file for Can Capital Gain Rates Apply to Income from Phantom Stock?.
The Accumulated Earnings Tax: Back from the Grave?
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 20, 2017
Download the file for The Accumulated Earnings Tax: Back from the Grave?.
Recent Developments Relating to S Corporations
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 16, 2017
Download the file for Recent Developments Relating to S Corporations.
Characterization of Forfeited Deposits and Break Fees
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 19, 2016
Download the file for Characterization of Forfeited Deposits and Break Fees.
The Ever-Expanding 'Danielson' Rule?
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, August 18, 2016
Download the file for The Ever-Expanding 'Danielson' Rule?.
Recent Guidance Regarding Deduction of Fines
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 16, 2016
Download the file for Recent Guidance Regarding Deduction of Fines.
Proposed Regulations to Treat Debt as Stock
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 21, 2016
Download the file for Proposed Regulations to Treat Debt as Stock.
Receipt of "Boot" in Reorganizations: "Tseytin"
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 18, 2016
Download the file for Receipt of
Revisiting Allocation of Basis Issues: "Dorrance"
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, December 17, 2015
Download the file for Revisiting Allocation of Basis Issues:
New Partnership Audit Rules May Not Apply Until 2018, But They Are Your Headache Right Now
by Elliot Pisem
Published: To Our Clients And Friends, November 11, 2015
Download the file for New Partnership Audit Rules May Not Apply Until 2018, But They Are Your Headache Right Now.
What is "Insurance" for Tax Purposes?
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 15, 2015
Download the file for What is
Tax Treatment When Estate Satisfies Transaction-Related Claims
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 18, 2015
Download the file for Tax Treatment When Estate Satisfies Transaction-Related Claims.
Inclusion of Refundable Tax Credits in Income
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 16, 2015
Download the file for Inclusion of Refundable Tax Credits in Income.
"MoneyGram" Tackles Definition of "Bank"
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 19, 2015
Download the file for
Income Classification Pitfalls for Executives of Startups
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, December 18, 2014
Download the file for Income Classification Pitfalls for Executives of Startups.
Claim for Bad Tax Advice Results in Nontaxable Recovery
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 16, 2014
Download the file for Claim for Bad Tax Advice Results in Nontaxable Recovery.
Deductibility of Payments to Settle False Claims Act Liability
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, August 21, 2014
Download the file for Deductibility of Payments to Settle False Claims Act Liability.
Stock Rights Under §457A: Revenue Ruling 2014-18
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 19, 2014
Download the file for Stock Rights Under §457A: Revenue Ruling 2014-18.
Loss Deduction for Forfeiture of Insider Trading Profits
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 17, 2014
Download the file for Loss Deduction for Forfeiture of Insider Trading Profits.
Property Abandonment Results in Capital Loss: "Pilgrim's Pride"
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 20, 2014
Download the file for Property Abandonment Results in Capital Loss:
"Fish": Ordinary Income From Incorporation Transaction
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, December 19, 2013
Download the file for
Loss Disallowance for S Corp. Shareholders: 'Bronz'
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 17, 2013
Download the file for Loss Disallowance for S Corp. Shareholders: 'Bronz'.
Can the Issuance of Form 1099-C Cancel a Debt?
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, August 15, 2013
Download the file for Can the Issuance of Form 1099-C Cancel a Debt?.
Diverse Approaches to Allocation of Basis in Demutualizations
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 18, 2013
Download the file for Diverse Approaches to Allocation of Basis in Demutualizations.
Revocation of S Corp Election During Bankruptcy Upheld
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 20, 2013
Download the file for Revocation of S Corp Election During Bankruptcy Upheld.
Firm Denied Current Deduction for Out-of-Pocket Disbursements
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 21, 2013
Download the file for Firm Denied Current Deduction for Out-of-Pocket Disbursements.
More About Step Transactions: G.D. Parker v. Commissioner
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, December 20, 2012
Download the file for More About Step Transactions: G.D. Parker v. Commissioner.
Disqualification of Employee Trust: 'Yarish v. Commissioner'
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 18, 2012
Download the file for Disqualification of Employee Trust: 'Yarish v. Commissioner'.
The Need for a Plan: Enterprises, Inc. v. Commissioner
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, August 16, 2012
Download the file for <p>The Need for a Plan: Enterprises, Inc. v. Commissioner</p> .
Taxpayer Fights Regulations, and Wins: 'Dominion Resources'
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 21, 2012
Download the file for Taxpayer Fights Regulations, and Wins: 'Dominion Resources'.
'STARS' Wars -- the Service Strikes Back at Taxpayer Claims of Privilege
by Elliot Pisem
Published: Journal of Taxation, May 01, 2012
Download the file for 'STARS' Wars -- the Service Strikes Back at Taxpayer Claims of Privilege.
Revocation of Tax Election by Non-Debtor Declared Void
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 19, 2012
Download the file for Revocation of Tax Election by Non-Debtor Declared Void.
Accrual of Deduction for Disputed Amount
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, February 16, 2012
Download the file for Accrual of Deduction for Disputed Amount.
The Wizard of Broz: S Corporations, Economic Outlay, and Debt Basis
by Elliot Pisem
Published: Journal of Taxation, February 01, 2012
Download the file for The Wizard of Broz: S Corporations, Economic Outlay, and Debt Basis.
Warrants and Tax Avoidance Motivation Prove Hazardous
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, October 20, 2011
Download the file for Warrants and Tax Avoidance Motivation Prove Hazardous.
Noncompetition Covenants: 'Recovery Group v. Commissioner'
by David E. Kahen, Elliot Pisem
Published: New York Law Journel, August 18, 2011
Download the file for Noncompetition Covenants: 'Recovery Group v. Commissioner'.
'And If Tommy Told You To Jump Off The Brooklyn Bridge?' - Taxpayers Follow Advice Straight Into An Accuracy Penalty
by Elliot Pisem
Published: Journal of Taxation, July 01, 2011
Download the file for 'And If Tommy Told You To Jump Off The Brooklyn Bridge?' - Taxpayers Follow Advice Straight Into An Accuracy Penalty.
More About Tax 'Substance': 'Hellweg v. Commissioner'
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, June 16, 2011
Download the file for More About Tax 'Substance': 'Hellweg v. Commissioner'.
Transferee Liability: Recent Developments
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, April 21, 2011
Download the file for Transferee Liability: Recent Developments.
Substance Over Form - 'WB Acquisitions'
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, February 17, 2011
Download the file for Substance Over Form - 'WB Acquisitions'.
Court of Federal Claims Splits on the Computation of the TEFRA 'Jurisdictional Deposit'
by Elliot Pisem
Published: Journal of Taxation, February 01, 2011
Download the file for Court of Federal Claims Splits on the Computation of the TEFRA 'Jurisdictional Deposit'.
Reliance On Tax Opinion May Not Prevent Penalties
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, December 16, 2010
Download the file for Reliance On Tax Opinion May Not Prevent Penalties.
Lack of Consistency in S Corporation Reporting -- How Onerous Are the Results?
by Elliot Pisem
Published: Journal of Taxation, December 01, 2010
Download the file for Lack of Consistency in S Corporation Reporting -- How Onerous Are the Results?.
Rules Address Reporting of Securities Transactions
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, October 21, 2010
Download the file for Rules Address Reporting of Securities Transactions.
Tax Court Decision Clarifies Treatment of Built-In Gain
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, August 19, 2010
Download the file for Tax Court Decision Clarifies Treatment of Built-In Gain.
Sales-Based Contingent Royalties Are Not a Production Cost Capitalized Under Section 263A
by Elliot Pisem
Published: Journal of Taxation, July 01, 2010
Download the file for Sales-Based Contingent Royalties Are Not a Production Cost Capitalized Under Section 263A.
What is (Not) Income? Nathel v. Commissioner
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, June 17, 2010
Download the file for What is (Not) Income? Nathel v. Commissioner.
Ruling Illustrates Treatment of Payments to Settle Litigation
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, April 15, 2010
Download the file for Ruling Illustrates Treatment of Payments to Settle Litigation.
BLAK Affirms the Necessity of Raising Statute of Limitations Defense Early in TEFRA Partnership Proceedings
by Elliot Pisem
Published: Journal of Taxation, April 01, 2010
Download the file for BLAK Affirms the Necessity of Raising Statute of Limitations Defense Early in TEFRA Partnership Proceedings.
Tax Court Decisions on Section 6707A Penalty Deny Prepayment Forum and Extend Statute of Limitations
by Elliot Pisem
Published: Journal of Taxation, March 01, 2010
Download the file for Tax Court Decisions on Section 6707A Penalty Deny Prepayment Forum and Extend Statute of Limitations.
Drawing a Line -- Information Reporting vs. Malicious Gossip
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, December 17, 2009
Download the file for Drawing a Line -- Information Reporting vs. Malicious Gossip.
Hot Like-Kind Exchange Issues
by Elliot Pisem
Published: NYU 68th Institute on Federal Taxation, October 21, 2009
Download the file for Hot Like-Kind Exchange Issues.
IRAs Barred From Owning Stock in S Corporation
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, October 15, 2009
Download the file for IRAs Barred From Owning Stock in S Corporation.
The Uncertain Boundary Between 'Partner-Level' and 'Partnership-Level' Defenses Under the Partnership Audit Rules
by Elliot Pisem
Published: Journal of Taxation, September 01, 2009
Download the file for The Uncertain Boundary Between 'Partner-Level' and 'Partnership-Level' Defenses Under the Partnership Audit Rules.
Loss Carryovers and Carrybacks When Only Part of a Consolidated Group is Bankrupt: The Garbled Message of PT-1 Communications
by Elliot Pisem
Published: Journal of Taxation, June 01, 2009
Download the file for Loss Carryovers and Carrybacks When Only Part of a Consolidated Group is Bankrupt: The Garbled Message of PT-1 Communications.
Court Addresses 'Reasonableness' of Compensation
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 16, 2009
Download the file for Court Addresses 'Reasonableness' of Compensation.
Allocations of Consideration for a Closely Held Business - Muskat v. United States
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 18, 2009
Download the file for Allocations of Consideration for a Closely Held Business - Muskat v. United States.
Proposed Regulations Clarify Penalty Taxes on Income Inclusions
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, December 18, 2008
Download the file for Proposed Regulations Clarify Penalty Taxes on Income Inclusions.
Ruling Highlights Importance of Drafting to Indemnification
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, October 16, 2008
Download the file for Ruling Highlights Importance of Drafting to Indemnification.
Decisions Underline Scope of IRS Summons Power
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, August 21, 2008
Download the file for Decisions Underline Scope of IRS Summons Power.
Shareholder Disputes Give Rise to Tax Disputes
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, June 19, 2008
Download the file for Shareholder Disputes Give Rise to Tax Disputes.
What Happened to My Prepayment Forum? The Penalty Problem in TEFRA Partnership Audit Cases
by Elliot Pisem
Published: Journal of Taxation, May 01, 2008
Download the file for What Happened to My Prepayment Forum? The Penalty Problem in TEFRA Partnership Audit Cases.
Forfeiture of Deductions for Failure to File Timely Return: (Swallows Holding, Ltd. v. Commissioner)
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, April 17, 2008
Download the file for Forfeiture of Deductions for Failure to File Timely Return: (Swallows Holding, Ltd. v. Commissioner).
Ernst & Young: When Must Stocks Be Taken Into Income?
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 21, 2008
Download the file for Ernst & Young: When Must Stocks Be Taken Into Income?.
Ruling Has Not Resolved Work-Product Privilege Issue
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, October 18, 2007
Download the file for Ruling Has Not Resolved Work-Product Privilege Issue.
Recent Developments Related To Nontaxable Spinoffs
by Elliot Pisem, David E. Kahen
Published: The New York Law Journal, August 16, 2007
Download the file for Recent Developments Related To Nontaxable Spinoffs.
Warrants Not Received 'In Connection With' Performance of Services
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, June 21, 2007
Download the file for Warrants Not Received 'In Connection With' Performance of Services.
The Burden of Persuasion in Tax Litigation
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, December 21, 2006
Download the file for The Burden of Persuasion in Tax Litigation.
Court Addresses Limitations on Pass-Through of Losses
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, August 17, 2006
Download the file for Court Addresses Limitations on Pass-Through of Losses.
Applying Section 162(m) To Partnership Remuneration
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 20, 2006
Download the file for Applying Section 162(m) To Partnership Remuneration.
When Is A Contract An Option?
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, December 15, 2005
Download the file for When Is A Contract An Option?.
Gain Clarified in Shareholder Loans to S Corporations
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 20, 2005
Download the file for Gain Clarified in Shareholder Loans to S Corporations.
Impact of Securities Laws on Taxation of Compensation
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, August 18, 2005
Download the file for Impact of Securities Laws on Taxation of Compensation.
How Many Tax Opinions Will You Need: And Where Will You Get Them?
by Elliot Pisem
Published: The Metropolitan Corporate Counsel, May 01, 2005
Download the file for How Many Tax Opinions Will You Need: And Where Will You Get Them?.
Formation, Reorganization, Liquidation of Insolvent Corporations
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 21, 2005
Download the file for Formation, Reorganization, Liquidation of Insolvent Corporations.
Redemption of Stock in Family-Owned Corporation
by Elliot Pisem, David E. Kahen
Published: The New York Law Journal, February 17, 2005
Download the file for Redemption of Stock in Family-Owned Corporation.
REIT Provisions under American Jobs Creation Act of 2004
by Ezra Dyckman, Elliot Pisem
Published: R&H Letter to Clients and Friends, December 28, 2004
Download the file for REIT Provisions under American Jobs Creation Act of 2004.
Deductibility Limits on Accrued Interest to Related Parties
by Elliot Pisem, David E. Kahen
Published: The New York Law Journal, December 16, 2004
Download the file for Deductibility Limits on Accrued Interest to Related Parties.
Exchanges of Short-Term Debt Instruments in Reorganizations
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, August 19, 2004
Download the file for Exchanges of Short-Term Debt Instruments in Reorganizations.
'Dover' and the Consequences of Check-the-Box Liquidations
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 17, 2004
Download the file for 'Dover' and the Consequences of Check-the-Box Liquidations.
Treatment of Contingent Liabilities Assumed in Purchase of Assets
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 19, 2004
Download the file for Treatment of Contingent Liabilities Assumed in Purchase of Assets.
New Guidance Regarding Tax Treatment of Deemed Liquidations
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, December 18, 2003
Download the file for New Guidance Regarding Tax Treatment of Deemed Liquidations.
Mirror, Mirror on the Wall: When a Liability Is an Asset
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 16, 2003
Download the file for Mirror, Mirror on the Wall: When a Liability Is an Asset.
Reduction of Tax Attributes Following Cancellation of Debt
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, August 21, 2003
Download the file for Reduction of Tax Attributes Following Cancellation of Debt.
Requirements for Spinoff Transactions
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 19, 2003
Download the file for Requirements for Spinoff Transactions.
Transfers to RICs and REITs
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 17, 2003
Download the file for Transfers to RICs and REITs.
New Proposed Rules Will Change Tax Treatment of Acquisition Costs
by Elliot Pisem, David E. Kahen
Published: The Metropolitan Corporate Counsel, March 01, 2003
Download the file for New Proposed Rules Will Change Tax Treatment of Acquisition Costs.
New Regulations Regarding Treatment of Transaction Costs
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 20, 2003
Download the file for New Regulations Regarding Treatment of Transaction Costs.
Disclosures Required on 2002 Tax Returns
by Elliot Pisem
Published: R & H Letter to Clients and Friends, January 10, 2003
Download the file for Disclosures Required on 2002 Tax Returns.
Privilege in Tax Matters: Your Accountant v. Your Lawyer?
by Elliot Pisem
Published: The Metropolitan Corporate Counsel, January 01, 2003
Download the file for Privilege in Tax Matters: Your Accountant v. Your Lawyer?.
Further Liberalization of Requirements for Corporate Reorganization
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, December 19, 2002
Download the file for Further Liberalization of Requirements for Corporate Reorganization.
IRS Settlement Initiatives Relating to Tax Shelters
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 17, 2002
Download the file for IRS Settlement Initiatives Relating to Tax Shelters.
Active Trade or Business Requirements for Nontaxable Spin Offs - Rev. Rul. 2002-49
by Elliot Pisem, David E. Kahen
Published: The New York Journal, August 15, 2002
Download the file for Active Trade or Business Requirements for Nontaxable Spin Offs - Rev. Rul. 2002-49.
When Should a Distribution Be Taxed As an Exchange? -- 'Steel v. Commissioner'
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 20, 2002
Download the file for When Should a Distribution Be Taxed As an Exchange? -- 'Steel v. Commissioner'.
Accounting for Prepaid Items: 'U.S. Freightways v. Commissioner'
by David E. Kahen, Elliot Pisem
Published: New York Law Journal, April 18, 2002
Download the file for Accounting for Prepaid Items: 'U.S. Freightways v. Commissioner'.
New Economic Stimulus Incentives
by Elliot Pisem, Lary S. Wolf
Published: R & H Letter to Clients and Friends, March 20, 2002
The "Device" Test for Spinoffs Under Section 355
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 14, 2002
Download the file for The
The Hazards of (Mis)Allocation of Purchae Price
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, December 20, 2001
Download the file for The Hazards of (Mis)Allocation of Purchae Price.
Step Transactions and Mergers: Rev. Rul. 2001-46
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, October 18, 2001
Download the file for Step Transactions and Mergers: Rev. Rul. 2001-46.
"Rite Aid": Consolidated Return Loss Disallowance Held Invalid
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, August 16, 2001
Download the file for
New Rulings Regarding Corporate Reorganizations
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, June 21, 2001
Download the file for New Rulings Regarding Corporate Reorganizations.
Stock Redemption or Payment of Compensation?
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, April 19, 2001
Download the file for Stock Redemption or Payment of Compensation?.
Supreme Court Addresses Discharge of Debt Income for S Corporation in "Gitlitz"
by Elliot Pisem, David E. Kahen
Published: New York Law Journal, February 15, 2001
Download the file for Supreme Court Addresses Discharge of Debt Income for S Corporation in
New Rules for Construction Allowances Provided to Certain Lessees
by Elliot Pisem, Lary S. Wolf
Published: R & H Letter to Clients & Friends, September 20, 2000
What's the Option Worth?
by Elliot Pisem
Published: New York Law Journal, August 17, 2000
Download the file for What's the Option Worth?.
When Is a Merger Not a Merger?
by Elliot Pisem
Published: New York Law Journal, June 15, 2000
Download the file for When Is a Merger Not a Merger?.
Rules for Product Liability Losses for Consolidated Groups
by Elliot Pisem, Ellen Seiler Brody
Published: New York Law Journal, April 20, 2000
Download the file for Rules for Product Liability Losses for Consolidated Groups.
Important New Rules on QSubs
by Elliot Pisem, Ellen Seiler Brody
Published: R & H Letter to Clients & Friends, February 28, 2000
Conversion of Corporations to RICs and REITs
by Elliot Pisem, Ezra Dyckman
Published: New York Law Journal, February 17, 2000
Download the file for Conversion of Corporations to RICs and REITs.
Ticket to Work and Work Incentives Act of 1999
by Elliot Pisem, Ezra Dyckman
Published: New York Law Journal, December 23, 1999
Download the file for Ticket to Work and Work Incentives Act of 1999.
Tax Law's Insolvency Definition Not the Same as Bankruptcy's
by Elliot Pisem
Published: New York Law Journal, October 12, 1999
Download the file for Tax Law's Insolvency Definition Not the Same as Bankruptcy's.
New Rules for Purchase Price Allocations in Taxable "M&A" Transations
by Elliot Pisem
Published: New York Law Journal, August 19, 1999
Download the file for New Rules for Purchase Price Allocations in Taxable
Treasury Brings "Fast Pay" Arrangements to a Screeching Halt
by Elliot Pisem
Published: New York Law Journal, June 19, 1999
Download the file for Treasury Brings
Administration Proposals: Tax Avoidance and Corporate Tax Shelters
by Elliot Pisem
Published: R & H Newsletter -- Tax Insights, February 28, 1999
Bankruptcy Code Trumps Internal Revenue Code
by Elliot Pisem, Ellen Seiler Brody
Published: New York Law Journal, December 24, 1998
Download the file for Bankruptcy Code Trumps Internal Revenue Code.
Tax Court Decision Limits Ability to Claim Deduction
by Elliot Pisem
Published: National Real Estate Investor, November 01, 1998
Colgate Gets the Brush-off from the Third Circuit: Lack of Economic Substance Found in Tax-motivated Installment
by Elliot Pisem
Published: New York Law Journal, October 22, 1998
Download the file for Colgate Gets the Brush-off from the Third Circuit: Lack of Economic Substance Found in Tax-motivated Installment.
Recent case brings element of rationality to tax laws
by Elliot Pisem
Published: National Real Estate Investor, September 01, 1998
Just When You Thought It Was Safe to Go Back in the Water: Recharacterizing Debt as Equity
by Elliot Pisem
Published: New York Law Journal, August 27, 1998
Download the file for Just When You Thought It Was Safe to Go Back in the Water: Recharacterizing Debt as Equity.
Property valuations: To discount or not to discount?
by Elliot Pisem
Published: National Real Estate Investor, July 01, 1998
Compensatory Stock Options: IRS Provides Some Guidance on Gift and Estate Tax Issues
by Elliot Pisem
Published: New York Law Journal, June 25, 1998
Download the file for Compensatory Stock Options: IRS Provides Some Guidance on Gift and Estate Tax Issues.
Tax Court: We're as confused as you about COD, S Corps.
by Elliot Pisem
Published: National Real Estate Investor, May 01, 1998
Selling Closely-Held Stock to an Employee Stock Ownership Plan -- How Adequate Must the Consideration Be?
by Elliot Pisem, Allen J. Erreich
Published: New York Law Journal, April 23, 1998
Download the file for Selling Closely-Held Stock to an Employee Stock Ownership Plan -- How Adequate Must the Consideration Be?.
Environmental cleanup costs: The price of certainty
by Elliot Pisem
Published: National Real Estate Investor, March 01, 1998
IRS Final Regulations Codifying the Continuity of Interest and Continuity of Business Enterprise Requirements Add Flexibility to Corporate Reorganizations
by Elliot Pisem
Published: New York Law Journal, February 1, 1998
Download the file for IRS Final Regulations Codifying the Continuity of Interest and Continuity of Business Enterprise Requirements Add Flexibility to Corporate Reorganizations.
To Vote or Not to Vote, That Is the Question
by Elliot Pisem, Quincy Cotton
Published: New York Law Journal, October 23, 1997
Download the file for To Vote or Not to Vote, That Is the Question.
Determining taxpayers' 'ownership' of property
by Elliot Pisem
Published: National Real Estate Investor, September 01, 1997
Corporate Provisions of the Taxpayer Relief Act of 1997
by Elliot Pisem
Published: New York Law Journal, August 28, 1997
Download the file for Corporate Provisions of the Taxpayer Relief Act of 1997.
Are asbestos removal costs currently deductible?
by Elliot Pisem
Published: National Real Estate Investor, July 01, 1997
Employee Sells a Home and Employer Gets a Tax Deduction
by Elliot Pisem, Ellen Seiler Brody
Published: New York Law Journal, June 26, 1997
Download the file for Employee Sells a Home and Employer Gets a Tax Deduction.
Some tax issues still tricky under today's system
by Elliot Pisem
Published: National Real Estate Investor, May 01, 1997
Rules on Below-Market and Interest-Free Loans
by Elliot Pisem
Published: New York Law Journal, April 24, 1997
Download the file for Rules on Below-Market and Interest-Free Loans.
Continuity of Interest Rules May Be Liberalized -- But Can Remain a Trap for the Unwary
by Elliot Pisem, Ellen Seiler Brody
Published: New York Law Journal, February 27, 1997
Download the file for Continuity of Interest Rules May Be Liberalized -- But Can Remain a Trap for the Unwary.
'Check-the-Box' Regulations Provide Certainty, Flexibility and New Planning Opportunities
by Elliot Pisem, Lary S. Wolf, Peter A. Glicklich
Published: R & H Newsletter -- Tax Insights, January 01, 1997
Repairs or replacements: Current deductibility of reconstruction costs
by Elliot Pisem
Published: National Real Estate Investor, January 01, 1997

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