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Monte A Jackel
Monte A Jackel

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Published in Jackeltaxlaw

·Mar 20

TAX NOTES FEDERAL AND TAX NOTES TODAY FEDERAL : COLLECTION OF LETTERS TO THE EDITOR

Tax Notes Federal and Tax Notes Federal Today Federal: Compendium of Letters to the Editor This is a collection of links to letters to the editor of Tax Notes Federal that I have written over the past decade and a half. They cover all sorts of issues involving many different…

3 min read

3 min read


Published in Jackeltaxlaw

·Mar 18

Statutory Conflicts, Interpretation Animate Recent IRS Guidance

(For a parallel analysis of these issues in my latest letter to the editor of Tax Notes Federal, see my letter to the editor, here). I write today about two items of interest. The first item is an ILM (the “Section 741 ILM”) that holds that section 1221 can override…

10 min read

10 min read


Published in Jackeltaxlaw

·Feb 26

SSRN Publication of My Combined Partnership Tax Reform Articles and Letters

I was granted permission from Tax Analysts to republish a compilation of my articles and letters to the editor that I have written in Tax Notes Federal on partnership tax law reform. Here is the link to the SSRN publication of the combined article, along with a link to my author page on SSRN. The download is free. But for this republication, my articles and letters on this subject are behind the Tax Analysts’ paywall.

1 min read

1 min read


Published in Jackeltaxlaw

·Feb 26

Revise IRS-Treasury Business Plan Process

In connection with the latest update to the IRS-Treasury Priority Guidance Plan, I wanted to make the following points generally about the concept and process of the IRS-Treasury priority guidance plan (business plan). 1. The business plan is not required by statute, regulation, or other authoritative public guidance. (For a…

3 min read

3 min read


Published in Jackeltaxlaw

·Feb 11

Federal Income Tax Treatment of The Sale of A Partnership Interest By A Nonresident Of the U.S.

In Rawat (Rawat v. Commissioner, T.C. Memo 2023–14, Tax Court Judge David Gustafson, who also authored the opinion in Grecian Magnesite (Grecian Magnesite Mining, Industrial & Shipping Co. SA v. Commissioner, 926 F. 3d 819(D.C. Cir. 2019), aff’g 149 T.C. 63 (2017), held that a sale of a 30 percent…

8 min read

8 min read


Published in Jackeltaxlaw

·Feb 6

Auditing and Tax Do Not Play Well Together

Updated Feb. 8, 2023 Recent news reports have disclosed the accounting firm Ernst & Young’s (EY) purported plan to separate its consulting business from its global audit practice. (Mark Maurer and Jean Eaglesham, “Accounting Firm EY Considers Split of Audit, Advisory Business,” The Wall Street Journal, May 26, 2022.) …

13 min read

13 min read


Published in Jackeltaxlaw

·Jan 31

Partnership Aggregate-Entity Summary of Authorities

Updated Feb. 8, 2023 1. General Principle of Law The general principle of law underlying aggregate or entity treatment of a partnership is set forth in the 1954 Conference Report on Section 707: H.R. Conf. Rep. No. 2543, 83d Cong., 2d Sess. …

54 min read

54 min read


Published in Jackeltaxlaw

·Jan 23

The Partnership Anti-abuse Rule and UpReit Structures Revisited

Taxpayers are straying outside the lines when it comes to so-called UP structures, whose name derives from the umbrella partnership real estate investment trust (UpReit), but can also involve C corporations (Up-Cs) and publicly traded partnerships (Up-PTPs). These structures have arguably been allowed to prosper and grow because of the…

5 min read

5 min read


Published in Jackeltaxlaw

·Jan 16

Regulation Examples Not Supported By Text: A Partnership Response

In his interesting recent Tax Notes article on regulation examples being promulgated without supporting regulatory text (Jasper L. Cummings, “Regulation Examples Are Not Guidance”, Tax Notes Federal, Jan. 16, 2023, p.391, https://www.taxnotes.com/tax-notes-federal/code-and-regulations/regulation-examples-are-not-guidance/2023/01/16/7fj19), Jack Cummings of the law firm of Alston & Bird makes a compelling case that supports the title…

4 min read

4 min read


Published in Jackeltaxlaw

·Jan 12

It Is Time To First Reconsider And Then Enact Into Law Senator Wyden’s Partnership Tax Reforms

(Updated January 14, 2023) The taxation of partnerships and partners, or more appropriately, the lack thereof, has been in the news lately. (See “Wyden Statement on Ways & Means Investigation of Presidential Audit Program,” Dec. 21, 2022.) (See, also, Tax Notes Letter to the Editor.) …

4 min read

4 min read

Monte A Jackel

Monte A Jackel

5 Followers

https://www.linkedin.com/in/monte-jackel-18921024/

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