Publications

Section Newsletter Articles on Taxation

Proving undocumented expenses, shifting burdens and avoiding penalties: A look at audit issues By Gregory A. Zbylut Federal Taxation, April 2011 In general, once the IRS issues a notice of deficiency, that notice is presumed correct, and you’re on the hook to prove that it’s not.
Recent changes to the omitted assessment tax law By William Seitz State and Local Taxation, April 2011 A look at the amendments to Public Act 96-1553, which attempt to give taxpayers more meaningful appeal opportunities, and an opportunity to put the Cook County Assessor on notice of omitted assessments.
Tax “holiday”—Emancipation Day By Nancy Franks-Straus Federal Taxation, April 2011 Find out the reason for this year's tax deadline extension.
Wirtz et al. v. Quinn et al. By David P. Dorner State and Local Taxation, April 2011 A summary of the case, currently on appeal to the Illinois Supreme Court.
Written policies required for non-profits By Donna F. Hartl Federal Taxation, April 2011 A list of written policies that the IRS is asking each tax-exempt organization to disclose this year.
2011 Illinois income tax increase—An overview of the provisions of Public Act 96-1496 (SB 2505) By David J. Kupiec and Natalie M. Martin State and Local Taxation, March 2011 A look at some of the new provisions, which took effect on January 13th of this year.
Illinois completes 2010 tax amnesty period By Kathleen M. Lach State and Local Taxation, March 2011 An overview of the most recent tax amnesty period.
IDOR Practitioners Meeting, January 28, 2011: Questions submitted for response By Stanley R. Kaminski and David I. Curkovic State and Local Taxation, February 2011 Questions and answers from the Illinois Department of Revenue's recent meeting.
A note from the Co-Editors By Mary Ann Connelly and Stanley R. Kaminski State and Local Taxation, February 2011 An introduction to the issue from Co-Editors Mary Ann Connelly and Stanley Kaminski.
Straight from the horse’s mouth: IRS Meeting Summary with Attorney Liaison By Robert Weber Trusts and Estates, February 2011 A summary from the December meeting between IRS representatives and members of the Practitioners Liaison.
Content-based tax exemptions and the First Amendment By Stanley R. Kaminski and David I. Curkovic State and Local Taxation, January 2011 The Illinois Supreme Court recently issued their opinion in Pooh-Bah Enterprises, Inc. v. County of Cook.
The 30TH Annual State & Local Taxation Conference By Hon. Alexander P. White State and Local Taxation, December 2010 A recap of the 30th Annual National Conference of State Tax Judges.
Is there a new tax imposed on the sale of real estate under the 2010 Health Care Reconciliation Act? Not directly. By Emily R. Vivian Real Estate Law, December 2010 The Health Care and Education Reconciliation Act of 2010 does not directly impose a new tax on real estate sales. However, for certain individuals, it imposes a new 3.8 percent Medicare tax on “net investment income,” which might result from a real estate sale.
Recent laws that impact state & local tax By William Seitz State and Local Taxation, December 2010 A list of legislation passed by the 96th General Assembly.
Will the passage of health care insurance reform in combination with the Provena decision dramatically limit the availability of not-for-profit hospitals to claim the property tax charitable exemption in Illinois? By Stanley R. Kaminski and William Seitz State and Local Taxation, November 2010 Unless something is done, with higher taxes and less revenues, many hospitals necessary to the health of Illinois will have a more difficult time surviving while providing the same quality of care that patients are used to in Illinois.
4-1-1: PTIN Registration By Michelle L. Heller Federal Taxation, October 2010 As of September 28, 2010, online registration is available for obtaining a Preparer Tax Identification Number. If you already have a PTIN, you are still required to complete the application/registration.
Administrative problems with the increased Form 1099 reporting requirements By Eric Blackledge Federal Taxation, October 2010 A look at the burdens to businesses and to the IRS imposed by the new 1099 requirements of the Health Care Reform legislation.
Case summaries By Tara H. Ori State and Local Taxation, October 2010 Two recent cases affecting state & local tax practitioners.
Chair’s corner By Michelle L. Heller Federal Taxation, October 2010 A note from Chair Michelle Heller.
The Cook County Board of Review v. The Property Tax Appeals Board, et al. By William Seitz State and Local Taxation, October 2010 Condominium Association proved with clear and convincing evidence that a violation of uniform assessment occurred.
Estate tax issues By Thomas F. Arends Federal Taxation, October 2010 The debate surrounding the estate tax centers on the amount of the exemption and the rate. As to the particular exemption levels and the tax rate, the ISBA's Federal Taxation Section supports a permanent exemption level of at least $3.5 million, provided it is indexed for inflation. The Section does not support any rate in excess of 45 percent.
Irwin Industrial Tool Co. v. Department of Revenue, Docket No. 109300 (Ill Sup Ct. 9/23/2010) By William Seitz State and Local Taxation, October 2010 Can the Illinois Department of Revenue impose a use tax on the full value of an aircraft even though it is hangared outside of the state of Illinois?
Offers in Compromise By William M. Gasa Federal Taxation, October 2010 These comments are a follow-up and expansion of the Federal Taxation Section's 2007, 2008 and 2009 Offers in Compromise reports.
Proposed technical correction to Section 7430 By George E. Marifian Federal Taxation, October 2010 This article addresses the need to harmonize Section 7430(c)(7)(B) with Section 7430(c)(2)(B) of the Internal Revenue Code.
3 ways your business can run afoul of tax authorities By Gregory A. Zbylut Corporate Law Departments, September 2010 Steer clear of these minefields and you may have fewer tax-related headaches.
Capital loss carry forwards: Valuation and equitable distribution By Michael DiDomenico Family Law, September 2010 In the current market, divorce practitioners must increasingly consider capital loss carry forwards and the question of whether they constitute marital property.
Illinois tax amnesty enacted—Interest and penalties abated or doubled By David J. Kupiec and Natalie M. Martin State and Local Taxation, September 2010 The amnesty program provides that, upon payment by a taxpayer of all taxes due to the State of Illinois for any taxable period ending after June 30, 2002 and prior to July 1, 2009, the Department shall abate and not seek to collect any interest or penalties that may be applicable and the Department shall not seek civil or criminal prosecution for any taxpayer for the period of time for which amnesty has been granted to the taxpayer.
Recent decisions in real estate tax cases By Timothy E. Moran State and Local Taxation, September 2010 Recently decided cases affecting real estate tax practitioners.
TIF 101 By David J. Silverman Local Government Law, September 2010 An explanation of Tax Increment Allocation Financing, arguably the most powerful economic redevelopment tool available to municipalities in Illinois.