Illinois Bar Journal

Articles on Taxation

Park Before You Reverse: A Short Tour of the Reverse-Exchange Process

By Scott Nathanson
August
2001
Article
Page 427
Reverse exchanges allow real estate buyers to enjoy tax advantages even if they buy their new property before they sell.

Plain view doctrine does not justify seizure of property unnamed in warrant issued for back taxes

May
2001
Illinois Law Update
Page 230
On March 15, 2001, the seventh circuit held that plaintiff's Fourth Amendment rights were violated when officials of the Illinois Department of Revenue seized property belonging to the plaintiff but not named in a search warrant, and held that the plain view doctrine did not protect defendants' actions.

Supporting Organizations: The Less Expensive Alternative to Private Foundations

By Fredrick B. Weber
March
2001
Article
Page 128
Find out how IRC section 509(a)(3) supporting organizations can be an attractive alternative to traditional foundations.

Property tax relief and pharmaceutical assistance

February
2001
Illinois Law Update
Page 60
On November 20, 2000, the Illinois Department of Revenue (department) adopted amendments to section 530 of the Illinois Administrative Code. 86 Ill Adm Code 530.

Local Government Taxpayers’ Bill of Rights created—P.A. 91-920

December
2000
Illinois Law Update
Page 690
Gov. George H. Ryan signed the Local Government Taxpayers' Bill of Rights Act on July 7, 2000.

Taxes levied under the Tort Immunity Act cannot be used to fund school district’s attempt to remedy desegregation

December
2000
Illinois Law Update
Page 690
On October 26, 2000, the Supreme Court of Illinois affirmed the judgment of the appellate court which held that article IX of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/9-101, et seq.) did not authorize the use of real estate taxes to fund equitable remedies ordered by the court.

UPL and Property Tax Assessment Appeals in Illinois

By Thomas J. McNulty
December
2000
Article
Page 710
Make no mistake about it—representing taxpayers before Illinois assessment officials constitutes the practice of law, this author says.

Uniform Penalty and Interest Act amended to create new penalty structure; P.A. 91-803

November
2000
Illinois Law Update
Page 624
Illinois taxpayers will pay less in penalties and interest as a result of amendments to the Uniform Penalty and Interest Act.

Education expense credit

October
2000
Illinois Law Update
Page 563
On July 26, 2000, the Illinois Department of Revenue adopted a new section to section 100 of the Illinois Administrative Code. 86 Ill Adm Code 100.

EDGE tax credits to attract firms

August
2000
Illinois Law Update
Page 438
On April 19, 2000, the Illinois Department of Commerce and Community Affairs (department) adopted new rules to section 527 of the Illinois Administrative Code. 14 Ill Adm Code 527.

91st General Assembly provides tax relief To Illinoisians

July
2000
Illinois Law Update
Page 380
During one of the shortest sessions in recent history, the General Assembly answered Gov. George H. Ryan's call for tax cuts during a year in which most legislators find themselves on the election ballot in November.

College Savings Pool

July
2000
Illinois Law Update
Page 380
On March 24, 2000, the Illinois Treasurer's Office adopted emergency rules to section 2500 of the Illinois Administrative Code. 23 Ill Adm Code 2500.

Earned income tax credit bill signed into law; P.A. 91-700

July
2000
Illinois Law Update
Page 380
Calling the bill "one of the most important measures we have ever passed in Springfield," Gov. Ryan signed Public Act 91-700, which amends the Illinois Income Tax Act to establish the first state income tax credit for Illinois taxpayers.

The Lawyer’s Journal

By Bonnie C. McGrath
July
2000
Column
Page 378
Grandparents lose at High Court—but how much? HMOs lose in one high court, win in another; and more.

More than two million Illinois homeowners share tax relief ; P.A. 91-703

July
2000
Illinois Law Update
Page 380
In mid-May, Gov. Ryan signed the third and final piece of tax relief legislation enacted by the General Assembly during the spring session.

Electronic income tax returns

April
2000
Illinois Law Update
Page 196
On January 14, 2000, the Illinois Department of Revenue adopted amendments to section 106 of the Illinois Administrative Code. 86 Ill Adm Code 106.

Correspondence from Our Readers

March
2000
Column
Page 118
Avoiding SSA withholding

Despite gubernatorial veto, General Assembly permissively approves sales taxes for all nonhome rule municipalities; P.A. 91-649

March
2000
Illinois Law Update
Page 128
Public Act 91-649 permissively approves sales taxes for all nonhome rule municipalities. Previously, a nonhome rule municipality needed at least 130,000 inhabitants to pursue a sales tax, which effectively precluded most proposals.

Motor Fuel Tax Law

March
2000
Illinois Law Update
Page 128
On December 20, 1999, the Illinois Department of Revenue adopted emergency amendments and added new sections to section 500 of the Illinois Administrative Code. 86 Ill Adm Code 500.

Registration for real estate transfer taxes

March
2000
Illinois Law Update
Page 128
On December 9, 1999, the Illinois Department of Revenue adopted a new section to section 120.5 of the Illinois Administrative Code. 86 Ill Adm Code 120.

Gifts and POAs: Authorizing an Agent to Give Your Money Away

By Wendy M. Goode
February
2000
Article
Page 100
A power of attorney without express language doesn’t allow for gifts, this author argues.

The Lawyer’s Journal

By Bonnie McGrath
January
2000
Column
Page 10
Losing the right to a jury trial — is it malpractice?

State treasurer may create a college savings pool that involves financial institutions ; P.A. 91-607

January
2000
Illinois Law Update
Page 16
Public Act 91-607 creates a state-administered “College Savings Pool” that provides federal tax benefits to participants.

The Environmental Remediation Tax Credit: A Primer

By Kathleen M. Hennessey
December
1999
Article
Page 666
This new -- and underused -- state program helps developers finance brownfield cleanups.

Church property leased to entity for the sale and distribution of goods to the needy falls within tax exemption for property used for exclusively religious purposes.

October
1999
Illinois Law Update
Page 521
On August 17, 1999, the Second District of the Illinois Appellate Court affirmed the trial court's decision to grant the plaintiff, First Presbyterian Church, an exemption from real property taxes for 1992 on a piece of property owned by the plain plaintiff.

The Lawyer’s Journal

By Bonnie McGrath
July
1999
Column
Page 348
Different rulings on the same-part-of-the-body rule.

Internet Filing for Illinois Income Tax Returns

May
1999
Illinois Law Update
Page 244
On March 8, 1999, the Illinois Department of Revenue adopted several new subsections to section 106. 86 Ill Adm Code 106.

The Lawyer’s Journal

By Bonnie McGrath
March
1999
Column
Page 126
The "Frye plus reliability'' standard.

New Tax Regulations

March
1999
Illinois Law Update
Page 130
On December 21, 1998, the Department of Insurance enacted various new regulations specifying the calculation and applicability of certain taxes to insurance companies in Illinois.

An Illinois Lawyer’s Guide to Important Tax Aspects of Limited Liability Companies

By James A. Nepple
February
1999
Article
Page 96
A review of state and federal tax consequences of LLC formation, operation, and termination.

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