Alternative Tax Thinker Trying The Puerto Rico Gambit
“The Insular Cases have no foundation in the Constitution and rest on racist stereotypes. They deserve no place in our law.”
Year 15 Low Income Housing Tax Credit Fight Turns Ugly For CohnReznick
The regulations under 704(b) have a concept called “minimum gain”. Minimum gain places a limit on the amount of losses that can be allocated to a limited partner beyond their contribution, simplistically that is how far negative their capital account can go. If you want to dig into the details and explanations of CohnReznick’s computations they are available here in exhibits in the Mass Superior Court litigation. It is hard to see how liabilities could have been counted as going into minimum gain, but have them still hanging after disposition of the property.
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Over and over again courts have said that there is nothing sinister in so arranging one’s affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant.