It is increasingly common for the older generation to form family limited liability entities (FLLEs), which are usually either limited partnerships or limited liability companies. The older generation then gifts the FLLE interests to the younger generation and/or leaves them to the younger...

As the name suggests, “Consignment Taxes” imply taxes on consignment. In India these are also colloquially understood as taxes on ‘stock-transfer' of goods which is how most consignment of goods are effected in the country. These essentially relate to movement of goods from one territory...

This article discusses the task of identifying controlled transactions under review by the Commissioner of the Internal Revenue Service. In particular, it aims to alert courts as to the necessary role of contractual interpretation law in determining the true nature of such controlled transactions

GlaxoSmithKline Inc. v. The Queen is a seminal Canadian transfer pricing case. On final appeal to the Supreme Court of Canada, the Minister of National Revenue asked the Court to determine whether the Court of Appeal erred in applying the reasonable business person test. The author critically...

This article traverses the provisions relating to the appellate remedies against orders passed by the Appellate Tribunal under the principle indirect-tax legislations in India i.e. the Customs Act, 1962, the Central Excise Act, 1944 and the Finance Act, 1994 which deal with levy and collection...

The Tax Court of Canada's recent analysis, in Henco Industries Limited v. Her Majesty the Queen, raises several important questions that relate to contractual interpretation in tax disputes. Firstly, what is the proper objective of contractual interpretation in tax disputes? Is the courts'...

When searching for an arm's length comparable in the transfer pricing analysis, does the analysis require (or allow) searching for a transaction that actually took place in the market, or can/should the internal data of the controlled transaction simply be imputed to form a hypothetical...

When examining a corporate taxpayer, the IRS often seeks special accounting documents called tax accrual workpapers. These workpapers often contain privileged documents, but the IRS does not care. It believes it is entitled to the documents despite that the work product doctrine protects the...

Stephanie Hoffer and Christopher Walker's excellent Minnesota Law Review article, The Death of Tax Court Exceptionalism, 'http://ssrn.com/abstract= 2393412' http://ssrn.com/abstract= 2393412, analyzes the topical and important question of whether the Administrative Procedure Act (APA) governs...