Scholarly Articles
Partners' Interests in a Partnership, ExpressO (2010)
Entities taxed as partnerships (e.g., partnerships, limited liability companies, and limited partnerships) have management flexibility...
Residual-Risk Model for Classifying Business Arrangements, Florida State University Law Review (2010)
Tax law classifies business arrangements as one of three general structures: (1) disregarded arrangements, (2)...
Aggregate-Plus Theory of Partnership Taxation, Georgia Law Review (2009)
This Article presents a theory of partnership taxation. To provide context for the presentation, the...
Open Tenancies-in-Common, Seton Hall Law Review (2009)
Tax law (section 1031 in particular) has spawned a new investment vehicle—open tenancies in common....
Profits-Only Partnership Interests, Brooklyn Law Review (2009)
Profits-only partnership interests grant service-providing partners an interest in the profits of a partnership but...
Taxing Shared Economies of Scale, Baylor Law Review (2009)
Economies of scale exist if long-run average costs decline as output rises. All else being...
The Like-Kind Exchange Equity Conundrum, Florida Law Review (2008)
The tax-free treatment of like-kind exchanges presents one of tax law’s most compelling equity conundrums....
Policy and Theoretical Dimensions of Qualified Tax Partnerships, Kansas Law Review (2008)
Qualified tax partnerships are arrangements that come within the definition of tax partnership but elect...
Partnership Tax Allocations and the Internalization of Tax-Item Transactions, South Carolina Law Review (2008)
Studies in the theory of the firm help explain partnership attributes and the relationships partners...
The Federal Definition of Tax Partnership, Houston Law Review (2006)
The federal definition of tax partnership determines who will be subject to partnership tax law...
Reverse Like-Kind Exchanges: A Principled Approach, Virginia Tax Review (2001)
Even with the Internal Revenue Service's publishing Rev. Proc. 2000-37, there is no authoritative guidance...
Books
Tax-Free Like-Kind Exchanges (2008)
This is a comprehensive treatise on section 1031 like-kind exchanges.
Tax-Free Swaps: Using Section 1031 Like-Kind Exchanges to Preserve Investment Net Worth (2007)
Property owners of all sizes realize that exchanging property under section 1031 presents tax-saving possibilities....
Doctrinal Articles
Section 1031 Qualified Intermediaries and the New Economy, Journal of Taxation of Investments (2009)
Industry estimates indicate that, over the past several years, section 1031 qualified intermediaries have lost...
Like-Kind Exchanges and Qualified Intermediaries (with Paul L.B. McKenney and David Shechtman), Tax Notes (2009)
The economic downturn has depressed the real estate market, a significant component of the section...
Workout-Driven Exchanges (with Todd D. Keator), Real Estate Taxation (2009)
Market forces in a depressed real estate market often lead to foreclosures, which may generate...
A Win-Win Proposal for Analyzing Profits-Only Partnership Interests, Tax Notes (2008)
The proper tax treatment of profits-only partnership interests is an unsolved aspect of tax law....
Financing Reverse Exchanges and Safeguarding Exchange Proceeds, Journal of Taxation and Regulation of Financial Institutions (2008)
Over the last several years, reverse exchanges have become a fixture of section 1031. A...
Like-Kind Exchanges of Personal-Use Residences (with Alex Hamrick), Tax Notes (2008)
The law governing section 1031 exchanges of personal-use residences ranges from very explicit, in the...
Safe Harbors and Careful Planning Make Deferred Exchanges a Valuable Tool, Journal of Taxation of Investments (2008)
This Article describes the section 1031 deferred exchange safe harbors. It describes how property owners...
Related-Party Like-Kind Exchanges (with Kelly Alton and Alan Lederman), Tax Notes (2007)
Related-party exchanges under section 1031 raise many technical, theoretical, and policy issues. Unfortunately, this topic...
Tax Opinions in TIC Offerings and Reverse TIC Exchanges (with Todd D. Keator), Tax Management Real Estate Journal (2007)
Property owners often acquire tenancy-in-common (TIC) interests as replacement property in section 1031 exchanges. Generally,...
Section 1031 Alchemy: Transforming Personal Tangible and Intangible Property Into Real Property (with Kelly E. Alton), Real Estate Taxation (2007)
Section 1031 nonrecognition applies only to exchanges of like-kind properties. Although real property generally is...
Rev. Proc. 2004-51: The IRS Strikes Back (with Kelly E. Alton and Alan S. Lederman), Taxes: The Tax Magazine (2005)
Perhaps the most controversial income tax question in the real estate industry in 2004 was...
Section 1031 and Proximate and Midstream Business Transactions, Tax Management Real Estate Journal (2003)
Section 1031 exchanges frequently occur in proximity to business transactions (i.e., entity formations, mergers, divisions,...
The Whole Truth About Using Partial Real Estate Interests in Section 1031 Exchanges, Real Estate Taxation (2003)
A myth persists. Many believe that section 1031 treats all real property as like kind...
What You Should Know About Mergers and Divisions of Partnerships, The Practical Tax Lawyer (2003)
This article explains the tax consquences of partnership mergers and divisions and describes planning opportunities...