CUMULATIVE INDEX scribed. But consider the following would not make your distribution as a condition to consent by the gen- hypothetical. subject to withholding for my tax li- eral partner or manager, that the Assume | am the partner for the ability. Does the entity have merely transferee assumes all of the obliga- first six months of the year. On July an unsecured promise from me, the tions of the transferor with respect 1, | assign my Illinois partnership nonresident, to reimburse it for the to the assigned interest. In the hypo- interest to you. A single distribution withholding on my behalf? I also as- thetical, have you agreed to be pri- attributable to the interest is made to sume that the entity’s withholding marily responsible to the entity for you on December 31. For income tax obligation with respect to me is not my share? purposes, one half of the income at- eliminated merely because I am no tributable to that partnership inter- longer a member. Readers, have any of you encoun- est for that year is allocable to me I have seen some entities that pre- tered a situation similar to that and the other half to you. I assume scribe the permitted form of interest posed by Mr. Donn? What solutions that the partnership agreement assignment and include a provision, have you come up with? CUMULATIVE INDEX This index covers material in THE JOURNAL OF TAXATION, Volume 112, January --June 2010. Indexes are published twice annually, in June and December. ACCOUNTING Regulations shift burden of uncertain and contested Despite foreign-bought components, biodiesel Consolidated Edison—a LILO transaction succeeds 2053 claims and expenses to taxpayers, by Charles processed in U.S. was domestic for credit purposes on the facts, by Richard M. Lipton, 112 JTAX 109, D. Rubin, 3139, Mar10 112 JTAX 315, May10 Feb10 Tax Court allows valuation discount for membership Effective tax rate for contract manufacturing branch Credit card pools and accrual of OID under Section interest in disregarded entity, by Blaise M. Sonnier rules, 112 JTAX 53, Janl0 1272: An analysis of the Capital One case, by and Sharon S. Lassar, 112 JTAX 45, Jan10 Elective cash/stock dividends paid by a nonpublicly Richard N. Bush, 112 JTAX 340, June10 FRAUD & NEGLIGENCE traded REIT, 112 JTAX 57, Jan10 Defining a “security” for purposes of Sections 165 Foreign tax credits: Can a deficiency be retroactively Estate tax situs depended on U.S. tax classification, and 166, by Michael J. Kliegman and Anna wiped out for criminal tax evasion purposes?, by 112 JTAX 250, Apr10 Turkenich, 112 JTAX 42, Jan10 Jeffrey L. Rubinger and Andrew H. Weinstein, 112 Facility was real property for REIT and PTP rules, Going to trial is no guarantee of success in a SILO JTAX 166, Mar10 making rents qualifying PTP income, 112 JTAX case if non-tax business purpose is lacking, by Increased disclosure, penalties, and audit periods 313, May10 Richard M. Lipton, 112 JTAX 205, Apr10 courtesy of the Foreign Account Tax Compliance Favorable transaction cost ruling provides little as Grants in lieu of tax credits under the Recovery Act, by Kevin E. Packman and Mauricio D. Rivero, surance to taxpayer, 112 JTAX 248, Apr1l0 Act—a square peg in a round hole, by Neil D. Kim- 112 JTAX 266, May10 Forgiven amount that was COD income also was melfield, 112 JTAX 21, Janl0 Reporting foreign accounts: Treasury applies the treated as investment income for purposes of de Guidance on the qualifying therapeutic discovery carrot and the stick, by Kevin E. Packman, 112 ducting interest, 112 JTAX 185, Marl0 project credit, 112 JTAX 324, June 10 JTAX 334, Junel0 Hostile economic action by foreign government en- IRS guidance on new small business healthcare cred- Updated list of frivolous positions, 112 JTAX 259, it, 112 JTAX 323, Junel0 May 10 tity deemed not a seizure—loss was capital, 112 JTAX 184, Marl0 Tax accounting for coupons under the speci«l rules INTERNATIONAL Insurance company serving exempt schools did not in the Regulations, by W. Eugene Seago and Udward Guarantee fees not U.S. source income, 112 JTAX qualify as tax-exempt under 501(c)(3), 112 JTAX J. Schnee, 112 JTAX 295, May10 131, Marl0 54, Janl0 COMPENSATION & BENEFITS IRS provides some guidance on the new expatriation Interplay of EXP and dividends-received deduction Gross income included bargain element of life insur- exit tax, by Kevin E. Packman and Summer A. Le- rules for a CFC, 112 JTAX 181, Mar10 ance policy, 112 JTAX 132, Marl0 Pree, 112 JTAX 145, Mar10 IRS finds no gain, loss, or change in basis from busi- IRS provides 2010 covered compensation tables, 112 The Service’s approach to transfer pricing takes a ness split, 112 JTAX 59, Jan10 JTAX 3, Janl0 dryr uJb. bBiinrngk rafnrto,m th1e12 JTaTxA XC ou1r9t7, inA prV1E0R ITAS, by Hen- License of right to make product was intangible Standard mileage rates decreased for 2010, 112 JTAX Some relief and more guidance on FBAR filing re- property for Section 199, 112 JTAX 377, Junel0 3, JanloO quirements, 112 JTAX 131, Mar1l0 Occasional leasing of aircraft does not outweigh per- Temp. Regs. explain expansion of health plan depen- Will guarantee fees be the new management fees af- sonal use, 112 JTAX 185, Mar10 dent coverage to children under 26, 112 JTAX 324, ter Container Corp.?, by Jeffrey L. Rubinger and Parent entitled to claim worthless stock deduction June 10 SummerA . LePree, 112 JTAX 365, June10 for subsidiary, 112 JTAX 312, Mayl0 Understanding the Service's new Section 409A plan Post-spinoff payments for employees were includ- document correction program, by JeffreyA .M artin LEGISLATION able in income by Distributing, 112 JTAX 251, and G. Edgar Adkins, Jr., 112 JTAX 274, May10 Many tax changes in healthcare reform, 112 JTAX Aprl0 195, Aprl0 CORPORATIONS, SHAREHOLDERS Pro bono client did not have income from attorney’s Constructive dividends from related entities: The LETTER RULINGS fees awarded to counsel, 112 JTAX 380, June10 distributing corporation’s issues, by Edward J. Additional guidance defining “foreign use” in the Rescission of incorporation approved despite use of Schnee and W. Eugene Seago, 112 JTAX 174, Marl0 dual consolidated loss rules, 112 JTAX 55, Janl0 LLC rather than limited partnership, 112 JTAX 183, The stockless D reorganization Regulations, by Application of Notice 2008-91 to exclude obligations Mar10 Jasper L. Cummings, Jr., 112 JTAX 96, Feb10 held by CFCs, 112 JTAX 125, Feb10 Second project of benefit to a particular consumer ESTATES, TRUSTS, & GIFTS Asusseet, cl1a1s2 sJ ToAf Xl e2a5s2e,d Avepsrsle0l s determined by primary did not taint first project under Section 118(a), 112 Estate of Black: When is it “necessary” to pay estate Certain grant payments to post-doctoral fellows JTAX 182, Marl0 taxes with borrowed funds?, by Stephen Liss, 112 were subject to FICA, 112 JTAX 186, Mar10 Section 199 allocation of post-production costs in- JTAX 373, Junel0 Corporation’s conversion into LLC, followed by cluded in COGS, 112 JTAX 123, Feb10 The impossible has happened: No federal estate tax, LLC’s sale for cash, was a C reorganization when Section 332 treatment avoided by transferring suffi- no GST tax, and carryover basis for 2010, by sale later rescinded, 112 JTAX 315, May10 cient sub stock prior to the subsidiary’s liquidation, Jonathan G. Blattmachr, Mitchell M. Gans, Howard Cost allocation spreadsheets may qualify as “other 112 JTAX 379, Junel0 M. Zaritsky, and Diana S.C. Zeydel, 112 JTAX 68, records” in determining deductible contingent fees, Taxpayer could use deferral method of acocunting Feb10 112 JTAX 249, Apr10 for advance settlement payments, 112 JTAX 314, IRS letter ruling approves estate tax planning using Defective merchandise allowances were trade dis- May10 domestic asset protection trusts, by DavidG . Shaf- counts that reduced cost of inventory, 112 JTAX Taxpayer was not in constructive receipt of condem- tel, 112 JTAX 213, Aprl0 124, Feb10 nation proceeds, 112 JTAX 58, Jan10 JOURNAL OF TAXATION § JUNE 2010 383 CUMULATIVE INDEX PARTNERSHIPS, S CORPORATIONS, & LLCs Tax Court decisions on Section 6707A penalty deny AUTHOR INDEX Castle Harbour III: A taxpayer victory as the district prepayment forum and extend S/L, by Elliot Pisem, G. Edgar Adkins, Jr. court refuses to surrender, by Richard M. Lipton, 112 JTAX 133, Marl0 Jason K. Binder 112 JTAX 4, Janlo SHOP TALK Henry J. Birnkrant Structuring hedge fund manager compensation: Tax California will pay you to fight abusive tax-avoid- Jonathan G. Blattmachr and economic considerations, by Seth H. Poloner, ance transactions, 112 JTAX 191, Marl0 Richard N. Bush 112 JTAX 304, May10 Delaware court upholds poison pill to preserve Jasper L. Cummings, Jr. A totrailce oTfa x twCor edciatse s:F unGd-/— cHaon ldthieyn gabsont dh Vbier griingihat ?,H isb y NOLs, 112 JTAX 254, Apr10 Mitchell M. Gans RMiccDhoanradl d,M. 1L1i2p toJnT,A X Tod15d4 , D.M aGro1l0ub , and Patricia W DiSretryv icDeo, zen1,12 20J1T0AX: 3T18w,o Mnaeyw 10s cams targeted by the NTeoidld D.D . KimGomleulbf ield First there is a partnership, then there is no partner- fax planning issues for hedge fund partnership ship, then there is, 112 JTAX 256, Apr10 Michael J. Kliegman mergers, by Michael P. Spiro, 112 JTAX 239, Apr10 Sharon S. Lassar First you die, then your marriage is “revoked”: PERSONAL What's the tax impact?, 112 JTAX 61, Jan10 Summer A. LePree 145, 3 Scope of the medical expense deduction clarified Is Google good authority to avoid penalties?, 112 Richard M. Lipton 4,109, 154, 205, 260, : and broadened by new Tax Court decision, by Su JTAX 127, Feb10 Stephen Liss san L. Megaard, 112 JTAX 353, Junel0 It’s getting expensive to file partnership returns late, Jeffrey A. Martin fax relief related to Haiti earthquake, 112 JTAX 67, 112 JTAX 255, Aprl0 Patricia W. McDonald Feb10 Measuring a partner’s ownership interest is still a Susan L. Megaard PROCEDURE question, 112 JTAX 381, Junel0 Kevin E, Packman BLAK affirms the necessity of raising S/L defense More on filing Form 8082: Invitation to disaster?, Elliot Pisem EFRA partnership proceedings, by 112 JTAX 64, Jan10 Seth H. Poloner More on partner liability for partnership-level state ] 1 and Jason K. Binder, 112 JTAX 222, Mauricio D. Rivero taxes, 112 JTAX 382, June 10 Apri0 Charles D. Rubin More on tax deductions for clunker homes, 112 lification” of the economic substance doc JTAX 189, Marl0 Jeffrey L. Rubinger 166, much ado about nothing?, by Richard M No economic substance? No valuation understate- Edward J. Schnee 1, 112 JTAX 325, Junel0 ment penalty, 112 JTAX 317, May10 W. Eugene Seago ency barred by S/L precluded credit carry Tax deductions for clunker homes, without congres- David G. Shaftel back, 112 JTAX 132, Marl0 sional bailouts, 112 JTAX 63, Jan10 Blaise M. Sonnier IRS to require reporting of uncertain tax positions with returns, 112 JTAX 67, Feb10 Vested and nonvested partners with 0% current Michael P. Spiro es for change of address, 112 JTAX profits interests, 112 JTAX 188, Mar10 Robert A. Swiech 259, May10 p SPECIAL INDUSTRIES Anna Turkenich Reporting “uncertain tax positions” under Ann. Hedging transactions for mineral product prices ex- Andrew H. Weinstein 2010-9: Transparency or overkiil?, by Richard M cluded from percentage depletion computations, Howard M. Zaritsky Lipton, ] 112 JTAX 260, Mav10 by Robert A. Swiech, 112 JTAX 118, Feb10 Diana S.C. Zeydel