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	<title>The Korn Law Firm, P.L.</title>
	<link>http://www.korntax.com</link>
	<description>Tax Attorneys</description>
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		<title>When Can Taxpayers Win Litigation Costs (Including Attorneys’ Fees) from the IRS?</title>
		<description><![CDATA[Under Section 7430 of the Internal Revenue Code, the prevailing party in any civil tax proceeding brought by or against the United States is permitted a discretionary award of litigation costs, including attorneys&#8217; fees.  A “prevailing party” is defined as a party that “has substantially prevailed with respect to the amount in controversy” or “with [...]]]></description>
		<link>http://www.korntax.com/articles/when-can-taxpayers-win-litigation-costs-including-attorneys%e2%80%99-fees-from-the-irs</link>
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		<title>The Relationship and Differences Between a Partner’s Outside Basis and Capital Account</title>
		<description><![CDATA[The Korn Law Firm, P.L. / Tel (239) 354-4300 One of the primary reasons why computation of a partner’s interest in a partnership and its assets often confuses partners and their advisers alike is that two different, contemporaneously operating measurements exist to value the interest. Specifically, a partner in a partnership (or a member of [...]]]></description>
		<link>http://www.korntax.com/articles/the-relationship-and-differences-between-a-partner%e2%80%99s-outside-basis-and-capital-account</link>
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		<title>Testing the Limits to the Accountant-Client Confidentiality Privilege</title>
		<description><![CDATA[The Korn Law Firm, P.L. / Tel (239) 354-4300 In handling civil and criminal tax cases, I am often asked whether, and to what extent, an accountant-client confidentiality or work-product privilege exists.  The applicability of such a privilege is often of pivotal importance.  It can determine whether an accountant may lawfully be subpoenaed to testify [...]]]></description>
		<link>http://www.korntax.com/articles/testing-the-limits-to-the-accountant-client-confidentiality-privilege</link>
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		<title>Summons Power of the IRS:  A Frightening but Limited Enforcement Tool</title>
		<description><![CDATA[The Korn Law Firm, P.L. / Tel (239) 354-4300 It is not an uncommon occurrence for taxpayers, even those well-experienced with federal tax audits, to become discomposed upon receipt of an Internal Revenue Service summons.  Understandably, a summons by the IRS tends to cause taxpayers to fear the worst – usually, a criminal tax investigation. [...]]]></description>
		<link>http://www.korntax.com/articles/summons-power-of-the-irs-a-frightening-but-limited-enforcement-tool</link>
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		<title>Once and for All, What is a “Minimum Gain Chargeback?”</title>
		<description><![CDATA[Provision for a &#8220;Minimum Gain Chargeback&#8221; exists in nearly every partnership agreement and limited liability company operating agreement. Few people, however, actually understand the need for such provision or its function, and few attorneys &#8211; even those experienced in basic tax matters &#8211; are capable of explaining it. A Minimum Gain Chargeback provision is required [...]]]></description>
		<link>http://www.korntax.com/articles/once-and-for-all-what-is-a-%e2%80%9cminimum-gain-chargeback%e2%80%9d</link>
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		<title>Tax Assessments Without Notice of Deficiency</title>
		<description><![CDATA[Under normal assessment procedures, the Internal Revenue Service is prohibited from assessing and collecting a tax deficiency from a taxpayer until the taxpayer has been sent a valid, statutory notice of deficiency and has been given a 90-day (or, if applicable, a 150-day) period within which to file a Petition in U.S. Tax Court for [...]]]></description>
		<link>http://www.korntax.com/articles/tax-assessments-without-notice-of-deficiency</link>
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		<title>New Proposed Treasury Regulations for Partnership Varying Interests Rule</title>
		<description><![CDATA[The Korn Law Firm, P.L. / Tel (239) 354-4300 The Internal Revenue Service has issued proposed Treasury Regulations that would provide guidance for determining how a partner&#8217;s distributive share of partnership items should take into account the varying interests of the partners in any year in which there is a change in a partner&#8217;s interest [...]]]></description>
		<link>http://www.korntax.com/articles/new-proposed-treasury-regulations-for-partnership-varying-interests-rule</link>
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		<title>Maximizing Partnership Loss Deductions</title>
		<description><![CDATA[The Korn Law Firm, P.L. / Tel (239) 354-4300 If you are expecting a loss for the tax year from your interest in a partnership, but do not currently have enough basis in your partnership interest to allow a full deduction, several solutions exist. In general, a partner cannot take a loss on his or [...]]]></description>
		<link>http://www.korntax.com/articles/maximizing-partnership-loss-deductions</link>
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		<title>IRS to Require Reporting of &#8220;Uncertain Tax Positions&#8221;</title>
		<description><![CDATA[On January 26, 2010, the Internal Revenue Service announced that it will be requiring certain filers to provide detailed information about their &#8220;uncertain tax positions&#8221; that affect their income tax liability. Initially, this disclosure will be required by corporations, partnerships and other business entities with total assets in excess of $10m. The disclosure to be [...]]]></description>
		<link>http://www.korntax.com/articles/irs-to-require-reporting-of-uncertain-tax-positions</link>
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		<title>Deadline for Refund Claim: Not the Same as a Deadline for an Amended Tax Return</title>
		<description><![CDATA[A common question from our clients &#8211; corporate, partnership and individual alike &#8212; is &#8220;how far back can we go&#8221; in order to amend a return or obtain a refund. This simple question belies a common, and understandable, misunderstanding. Although refunds are often the result of amending a tax return, there exists an important distinction [...]]]></description>
		<link>http://www.korntax.com/articles/deadline-for-refund-claim-not-the-same-as-a-deadline-for-an-amended-tax-return</link>
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		<title>Creating an Ordinary Loss From the Sale of a Partnership Interest</title>
		<description><![CDATA[The Korn Law Firm, P.L. / Tel (239) 354-4300 An interest in a partnership is considered a capital asset. Loss upon sale of a partnership interest is therefore generally treated as a capital loss. But can the sale of a partnership interest be restructured to permit ordinary losses? With inventive planning, it can – particularly [...]]]></description>
		<link>http://www.korntax.com/articles/creating-an-ordinary-loss-from-the-sale-of-a-partnership-interest-2</link>
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		<title>Continuing Levies and Successive Seizures</title>
		<description><![CDATA[Under the Internal Revenue Code and specifically under Treasury Regulations Section 301.6331-1, the Internal Revenue Service has broad authority to make continuing levies and successive seizures on recurring and periodic forms of compensation. A levy on salary or wages has continuous effect from the time that the levy is originally made until the levy is [...]]]></description>
		<link>http://www.korntax.com/articles/continuing-levies-and-successive-seizures</link>
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		<title>Can Mere Basis Overstatement Extend the Statute of Limitations on Assessment to 6 Years?</title>
		<description><![CDATA[Seeking an end-run against its recent losses in court, the Internal Revenue Service has issued temporary Treasury Regulation, Section 301.6229(c)(2)-1T. Under the new temporary Treasury Regulation, an understated amount of gross income that results from an overstatement of un-recovered cost or other basis is deemed to constitute an “omission” of gross income for purposes of [...]]]></description>
		<link>http://www.korntax.com/articles/can-mere-basis-overstatement-extend-the-statute-of-limitations-on-assessment-to-6-years</link>
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		<title>When Partners Leave: Choosing Between a Sale or Liquidation for Tax Purposes</title>
		<description><![CDATA[When a partner withdraws from a partnership, it usually does not matter to the principals whether the withdrawing partner receives compensation for his partnership interest from third parties, from the partnership, or from the remaining partners themselves. After all, there is generally little, if any, actual economic difference between the liquidation of a partner’s interest [...]]]></description>
		<link>http://www.korntax.com/articles/when-partners-leave-choosing-between-a-sale-or-liquidation-for-tax-purposes</link>
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		<title>Treating a Stock Purchase as an Asset Purchase for Tax Purposes: When is a 338(h)(10) Election Appropriate?</title>
		<description><![CDATA[As a matter of non-tax law, it is often preferable and less cumbersome to structure the sale of a business as a stock sale rather than as a sale of assets. Stock sales, however, do not allow purchasers to benefit from a “step up” in the basis of the acquired company’s assets. In such circumstances, [...]]]></description>
		<link>http://www.korntax.com/articles/treating-a-stock-purchase-as-an-asset-purchase-for-tax-purposes-when-is-a-338h10-election-appropriate</link>
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		<title>The 5 Most Common Real Estate Tax Mistakes</title>
		<description><![CDATA[Although real estate can provide powerful tax advantages, it is always disheartening to encounter clients who have fallen into readily avoidable tax traps. In some cases, they must unexpectedly pay tax because they failed to properly structure their affairs, and in other cases they simply pay more tax than is required. The following is an [...]]]></description>
		<link>http://www.korntax.com/articles/the-5-most-common-real-estate-tax-mistakes</link>
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		<title>The 3 Primary Ways to Divide a Corporation Tax-Free: Spin-Offs, Split-Offs, and Split-Ups</title>
		<description><![CDATA[By permitting the division of a corporation through the distribution of stock (in one form or the other) without recognition of gain or loss at either the shareholder or the corporate level, Section 355 is one of the few remaining Internal Revenue Code provisions under which the tax-free movement of corporate assets can be accomplished. [...]]]></description>
		<link>http://www.korntax.com/articles/the-3-primary-ways-to-divide-a-corporation-tax-free-spin-offs-split-offs-and-split-ups</link>
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		<title>Statutes of Limitations for Tax Assessments Are Not What They Seem</title>
		<description><![CDATA[Claims that have slumbered too long are difficult to prosecute, as the passage of time tends to cause evidence and records to be lost, memories to fade, and witnesses to disappear. Statutes of limitation are therefore designed to promote justice by preventing surprises. However, it is all too often that statutes of limitation on the [...]]]></description>
		<link>http://www.korntax.com/articles/statutes-of-limitations-for-tax-assessments-are-not-what-they-seem</link>
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		<title>Do You Qualify for the Real Estate Professionals Exception to the Passive Activity Loss Rules?</title>
		<description><![CDATA[In general, a real estate rental activity is treated as a passive activity under Section 469(c)(2) of the Internal Revenue Code, regardless of the extent to which you materially participate in that activity. This rule of the tax code often poses significant tax difficulties for investors because losses from passive activities may not be deducted [...]]]></description>
		<link>http://www.korntax.com/articles/do-you-qualify-for-the-real-estate-professionals-exception-to-the-passive-activity-loss-rules</link>
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		<title>Creating an Ordinary Loss from the Sale of a Partnership Interest</title>
		<description><![CDATA[An interest in a partnership is considered a capital asset. Loss upon sale of a partnership interest is therefore generally treated as a capital loss. But can the sale of a partnership interest be restructured to permit ordinary losses? With inventive planning, it can – particularly for real estate and other “asset-rich” partnerships. Rather than [...]]]></description>
		<link>http://www.korntax.com/articles/creating-an-ordinary-loss-from-the-sale-of-a-partnership-interest</link>
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