If a given year's contribution exceeds the deductible amount for that year, the excess can be carried over to and deducted in the following year, to the extent that the limits for that year are not exceeded, according to Sec. 419(d).
The employer's deduction limit is reduced under Sec. 419(c)(2) by the WBP trust's after-tax income.
Is a single-employer welfare benefit plan appropriate for a small business?
Under Sec. 6231 (a) (2) (B), the parent would be treated as a partner for TEFRA partnership procedures purposes.
It was determined that the parent's payment was not a partnership item and that its status as a partner for Sec. 6231(a) (2) (B) purposes did not make it a partner for subchapter K purposes.
Current developments: this article reviews and analyzes recent rulings and decisions involving partnerships. The discussion covers developments in partnership formation, foreign-source income, debt and income allocations, partnership continuation and basis adjustments
The proposed regulations to Sec. 645 also provided that a trust that was treated as owned by the decedent under Sec.
If an executor is appointed for the decedent's estate, the executor and trustee of the QRT jointly make the Sec. 645 election by filing Form 8855, Election to Treat a Qualified Revocable Trust as Part of an Estate [Treas.
Trust treatment: final regs issued on election to treat revocable trusts as part of estate
Under the TIPRA, new Sec. 355(b)(3) amends the active-trade-or-business requirement, while new Sec.
Under Sec. 355(b)(2)(A), a corporation is treated as engaged in the active conduct of a trade or business only if it is directly engaged in the active conduct of a trade or business, or "substantially all" (2) of its assets consist of stock and securities of a corporation controlled by it that is so engaged.
Significant recent developments
The election to roll over under IRC
Sec. 1045 and R&TC
Sec.
Paving the Way
Final regulations (2) provide that the COI and COBE requirements need not be met for
Sec. 368(a)(1)(E) and (F) reorganizations.
Significant recent developments
It relied on
Sec. 701 and the substance-over-form doctrine to rule that these taxpayers never became partners, but instead, sold the assets to the LLC.
Current developments
The Tax Court held that TLC, the PEO, is subject to the
Sec. 274(n) limit, because it was the driver's common-law employer.
Lessor of truck driver employees avoids 50% limit on per diems
Sec. 1.861-8(f)(1) already contains an extensive list of the operative sections which require the determination of taxable income from specific sources or activities.
Allocation and apportionment of expenses for Sec. 199 purposes: for many taxpayers, calculation of the Sec. 199 deduction will require an enormous amount of work. This article focuses on one aspect of the deduction, the allocation and apportionment of expenses under the Sec. 861 regulations and the proposed Sec. 199 regulations
To qualify for
Sec. 66 relief, spouses must meet several specific criteria, one of which, not surprisingly, is that the earned income could not have been transferred directly or indirectly to the nonearning spouse.
Treatment of community income for spouses living apart: Sec. 66 may relieve a separated spouse of the duty to report a portion of the other spouse's community property income. Part I of this two-part article discusses the requirements for relief under sec. 66(a) and denial of community property benefits under sec. 66(b)
Prior to the ETA, the
Sec. 1245 recapture provisions applied to gains on dispositions of amortizable
Sec.
Intangibles - amortization recapture and allocation of sales price