hree IRS letter rulings offer joint inventors reassurance they will not lose IRC section 1235’s benefits (allowing long-term capital gain treatment on a subsequent transfer, rather than ordinary income treatment) if they transfer their patent rights to a limited liability company (LLC). BACKGROUND A patent is the grant of a
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TOPICS
Tax
Related Parties and NOLs
IRC section 382 limits the use of NOL carryforwards following an ownership change. Recently the Tax Court, in a case of first impression, had to decide how the family attribution rules applied in a section 382 context. When they formed Garber Industries Holding Co. Inc., Charles M. Garber Sr. owned
Guarding Marital Deductions
Property passing from a decedent to the surviving spouse generally qualifies for the marital deduction under IRC section 2056. But a terminable interest, such as a life estate in a trust created by someone other than the person receiving it, generally does not qualify. IRC sections 2056(b)(5) and (b)(7) allow
Financial Reporting
The SEC launched a program that enables registered securities issuers to voluntarily furnish XBRL-formatted data as part of filings they are required to make through the SEC’s electronic data-gathering, analysis and retrieval (EDGAR) system. The commission established the program to help itself and issuers determine the extent to which XBRL
Internal Controls
Public Company Accounting Oversight Board (PCAOB) member Daniel L. Goelzer said in a recent speech that Sarbanes-Oxley Act section 404 compliance costs will fall and benefits rise, especially if certain principles become better understood in the marketplace ( www.pcaobus.org/news_and_events/events/2005/speech_text/04-29.asp ). He emphasized that internal control audits require professional judgment and
FYI
The IRS is holding CPE-eligible tax forums to keep tax professionals up to date on its policies and programs ( www.taxforuminfo.com ). Topics to be addressed include like-kind exchanges, estate and trust planning, identity theft, small-business retirement plans, alternative minimum tax and recent tax law changes. Forums will take place
International
The International Federation of Accountants (IFAC) released an exposure draft of proposed International Education Standard (IES), Competence Requirements for Audit Professionals ( www.ifac.org/eds ), to ensure auditors have the knowledge, skills, values, ethics and attitudes to perform competently. The proposed IES will apply not just to audit engagement partners but
Financial Literacy
The AICPA Personal Financial Planning Membership Section, state societies and the U.S. Department of Labor are offering free seminars to educate employers and service providers about their fiduciary responsibilities under the Employee Retirement Income Security Act (ERISA) ( www.dol.gov/opa/media/press/ebsa/ebsa2004898.htm ). Small business owners and CPAs are invited to attend sessions
Redeeming Closely Held Stock
When a corporation redeems its own shares, the selling shareholder must report either capital gains or dividend income; IRC section 302 decides the type of income to report. Under IRC section 318(a) a taxpayer is deemed to own the stock owned by family members. Consequently most redemptions by closely held
Accounting
The SEC released Staff Accounting Bulletin (SAB) no. 107, Share-Based Payment ( www.sec.gov/interps ). Its purpose is to help public companies implement FASB Statement no. 123 (revised 2004), Share-Based Payment ( www.fasb.org/pdf/fas123r.pdf ), which addresses transactions in which entities exchange their equity instruments for goods or services. The SAB does
Assessing Company-Level Controls
EXECUTIVE SUMMARY THE ASSESSMENT OF COMPANY-LEVEL CONTROLS is a critical part of complying with section 404 of Sarbanes-Oxley. The PCAOB says public companies must assess the design and operating effectiveness of these controls in addition to examining detailed process- and transactional-level control activities. COMPANY-LEVEL CONTROLS ARE THOSE THAT PERMEATE an
Give and Take
Source: IRS, www.irs.gov .
Retirement
The AICPA augmented its CPA Marketing Tool Kit with a free brochure, How to Afford a Long, Happy Retirement, that practitioners can share with clients. Members can go to www.aicpa.org/cpamarketing/ and print color or black-and-white versions that leave space for a CPA firm’s name and contact information. The tool kit
Government Accounting
The Governmental Accounting Standards Board (GASB) issued Concepts Statement no. 3, Communication Methods in General Purpose External Financial Reports That Contain Basic Financial Statements, which defines various means of conveying information and provides criteria for effectively using them. The statement (# GC03) is available from GASB at http://store.yahoo.com/gasbpubs/gc03.html or at
Tax Time Total
Source: www.irs.gov , April 2005.
Professional Issues
The AICPA augmented its CPA Marketing Tool Kit with a free brochure, How to Afford a Long, Happy Retirement, that practitioners can share with clients. Members can go to www.aicpa.org/cpamarketing/ and print color or black-and-white versions that leave space for a CPA firm’s name and contact information. The tool kit
Forensic And Litigation Services
The Institute’s Forensic & Litigation Services Committee released Practice Aid 05-1, A CPA’s Guide to Family Law Services (# 055299JA), which provides practical guidance for practitioners providing services involving domestic relations, divorce relations and litigation and matrimonial disputes. This product is available from the AICPA online at www.cpa2biz.com or by
Ethics
PEEC issued an exposure draft of a new ethics interpretation under Rule 101, Independence (AICPA, Professional Standards, volume 2, ET section 101.01) ( www.aicpa.org/members/div/ethics/ethics ). The proposed interpretation defines the terms financial interest , direct financial interest and indirect financial interest and provides guidance on their practical application. Comments are
A Winning Tax Shelter Case
In another loss for the IRS in its fight against tax shelters, a district court sustained allocations of income to a foreign partner that did not pay U.S. taxes, thereby allowing the partnership to avoid an enormous amount of U.S. income tax. The General Electric Capital Corporation (GECC), a subsidiary
Expanded E-Services Access
RS news release IR-2005-33 explains that the service has eased the qualifications for tax advisers to use its suite of e-services incentive products, meeting their demands to access these valuable online tools. WHAT ARE THEY? According to the IRS Web site, “e-services” is a suite of Web-based products that allows
Features
FROM THIS MONTH'S ISSUE
4 ways solo practitioners can stand out
Five years ago, a grieving Angel Zhen started his own CPA firm with no clients and no revenue. Today, he has 300 clients, $600,000 in revenue and 12 weeks of annual vacation. In this JofA article, he shares how he set up his firm and how you could do the same.
From The Tax Adviser
April 30, 2026
Current developments in taxation of individuals: Part 2
April 30, 2026
