The Archive,
month by month.
Every essay published in The Journal since 2018, grouped by year, then by month. Effective-date stamps tell you which guidance still applies and which has been superseded.
66 ESSAYS4 YEARS24 MONTHS5 AUTHORS5 CATEGORIESSORTED: NEWEST FIRST
2025
43 essays · 10 months5 categoriesThe SECURE 2.0 year.
December 20253 essays
DEC 22
New York's LLC Transparency Act, Narrowed: Foreign LLCs OnlyHochul's December 19 veto leaves the NYLTA aligned with the post-March 2025 federal CTA, applying only to non-U.S. LLCs.
State & Local6 min¶ 6 cit.DEC 15
Donor-Advised Funds: Proposed Regs and Post-SECURE 2.0 StatusTreasury's November 2023 DAF proposed regs are still not final. The OBBBA 0.5% charitable floor and SECURE 2.0 §307's one-time $54K split-interest QCD change the optimization.
Wealth Planning9 min¶ 6 cit.DEC 2
The Premium Tax Credit After OBBBA: Subsidy Cliffs ReturnARPA's enhanced PTC expired. The 400% FPL subsidy cliff returned January 1, 2026. Self-employed and early-retiree clients face material 2026 affordability shock.
Tax Strategy8 min¶ 6 cit.November 20253 essays
NOV 19
The Massachusetts Millionaire Surtax: Year Three DataA 4% surtax on income above $1M (indexed; $1.083M in 2025), so 9% top marginal rate. Year-one collected $2.46B from ~24,000 returns, roughly double the projection. The MFS workaround is now closed.
State & Local9 min¶ 5 cit.NOV 4
§163(j) Returns to EBITDAThree years after the EBIT change made the business-interest limitation more painful, OBBBA puts EBITDA back in the calculation. Real estate and capital-intensive businesses are the obvious winners.
Tax Strategy8 min¶ 6 cit.NOV 4
§163(j) Returns to EBITDA: What It Means for Real EstateEBITDA-based ATI is permanently restored. The unanswered question for many real-estate operators: should we unwind our §163(j)(7)(B) RPTOB elections? The answer is yes, but the election is irrevocable.
Tax Strategy9 min¶ 6 cit.October 20257 essays
OCT 28
Which IRA Energy Credits OBBBA TerminatedTwelve months between July 2025 and June 2026 represent a closing window for energy credits. Residential solar dies 12/31/2025. EV credits die 9/30/2025. §179D / §45L end at 6/30/2026 BoC.
Tax Strategy10 min¶ 5 cit.OCT 22
Section 174 Reversed: Domestic R&D Expensing ReturnsThe One Big Beautiful Bill Act restores immediate expensing for tax years beginning in 2025, and creates a one-time refund window for small businesses.
Tax Strategy11 min¶ 9 cit.OCT 21
The Mega Backdoor Roth After Recent GuidanceAfter-tax 401(k) contributions converted to Roth. SECURE 2.0 §603 Roth catch-up for $150K+ FICA earners now effective January 1, 2026 after two years of transition relief.
Wealth Planning8 min¶ 6 cit.OCT 15
The 1099-K $20,000 Threshold: Restored, PermanentlyOBBBA repealed the ARPA $600 threshold retroactive to 2022. The pre-ARPA standard ($20,000 gross AND 200 transactions) is now permanent.
Compliance6 min¶ 5 cit.OCT 8
The Tip Income Deduction: Who Actually QualifiesOBBBA's tip deduction looks simple in the press release. The actual IRS guidance is anything but. Here is what restaurants, salons, and hospitality clients need to know for 2025.
Tax Strategy6 min¶ 4 cit.OCT 8
OBBBA Enactment: What Happened in July-September 2025OBBBA was signed Independence Day 2025. The 90 days that followed were a sprint to absorb hundreds of new provisions, file urgent amended returns, and start communicating with clients. This is the firm's response.
Tax Strategy10 min¶ 5 cit.OCT 7
Voluntary Disclosure Practice (Domestic): When to Use ItVDP for willful conduct. 75% civil fraud penalty on the highest-tax year. Criminal protection contingent on full, truthful disclosure. Kovel arrangements preserve attorney-client privilege.
Tax Controversy10 min¶ 5 cit.September 20257 essays
SEP 30
All 50 Secretaries of State, Updated: Annual Report Filing CalendarA consolidated reference for every state's annual-report and franchise-tax deadline, organized by month.
State & Local14 min¶ 50 cit.SEP 26
Bonus Depreciation Is Back at 100%OBBBA restored full bonus depreciation for property placed in service after January 19, 2025. Most businesses get back the deduction they lost during the 2023 to 2024 phasedown.
Tax Strategy7 min¶ 5 cit.SEP 23
The New Charitable Deduction AGI FloorA 0.5% AGI floor on itemized charitable contributions. A 1% taxable-income floor for corporations. Plus a permanent $1K/$2K non-itemizer deduction and the 37% bracket 2/37ths haircut.
Wealth Planning9 min¶ 5 cit.SEP 18
The Final SECURE 2.0 RMD Rules: What Wealthy Families Should Do Before 2026Treasury's 260-page final regulations close four years of ambiguity around inherited IRAs, and the 25% penalty for missed RMDs takes effect January 1, 2025.
Wealth Planning9 min¶ 8 cit.SEP 15
The Pre-OBBBA Estate and Income Tax Planning Rush, Q2 2025For three months in spring 2025, our practice executed one of the most intense client-planning campaigns in our history. Much of that work was, in retrospect, unnecessary. The work that mattered most was the work we did anyway.
Wealth Planning11 min¶ 5 cit.SEP 9
Trump Accounts: The New Child Savings VehicleA new IRC §530A tax-favored child savings account with a $1,000 federal seed contribution for children born 2025–2028. Available July 4, 2026.
Wealth Planning8 min¶ 5 cit.SEP 2
Conservation Easements: The Crackdown's Final ChapterSECURE 2.0 §605 codified the 2.5x cap. The Tax Court continues to disallow syndicated deductions with 40–75% penalties. Mill Road 21 and Hewitt extended the precedent. Legitimate easements still work.
Tax Controversy9 min¶ 6 cit.August 20258 essays
AUG 30
The Child Tax Credit at $2,200: What Actually ChangedOBBBA raised the CTC to $2,200 per child and made it permanent, with indexing. The refundable portion changes too. The phaseout did not.
Tax Strategy5 min¶ 3 cit.AUG 26
The Estate Exemption Cliff That Wasn'tOBBBA made the increased estate exemption permanent at $15M/$30M, indexed.
Wealth Planning7 min¶ 5 cit.AUG 26
The IRS Streamlined Filing Compliance ProceduresSFOP for non-residents (0% penalty), SDOP for U.S. residents (5% penalty). Non-willful certification is the determining factor. Form 14653 / Form 14654, false certification is itself a §7206 violation.
Tax Controversy9 min¶ 7 cit.AUG 25
The §174 R&D Capitalization Cliff: How Businesses Coped, 2022-2024For three years before OBBBA's July 2025 restoration, every business with R&E expenditures lived under mandatory capitalization. For startups, the cash-flow shock was brutal. Here is the retrospective.
Tax Strategy10 min¶ 7 cit.AUG 19
The Standard Deduction Made Permanent (and Bumped)$15,750 single / $31,500 joint for 2025, indexed forward. Mortgage interest $750K cap permanent. Miscellaneous itemized deductions terminated. Pease replaced by a 2/37ths haircut.
Tax Strategy7 min¶ 6 cit.AUG 14
The Carolinas, Compared: NC and SC's PTE Elections After Four YearsNC's flat individual rate is dropping. SC's 3% rate is fixed, but only on active business income. The math differs in ways the marketing materials don't say.
State & Local8 min¶ 7 cit.AUG 12
The Overtime Pay Deduction: A Win for Hourly WorkersOnly the premium half of FLSA-mandated overtime qualifies. Cap is $12,500 single / $25,000 joint, with a phaseout above $150K / $300K AGI.
Tax Strategy7 min¶ 6 cit.AUG 5
The $40K SALT Cap: Who It Helps and Who It Doesn'tOBBBA raised the SALT deduction cap to $40,000 for households under $500K AGI, with a phaseout that creates an unusually steep marginal cliff.
Tax Strategy6 min¶ 4 cit.July 20256 essays
JUL 30
The BBA Centralized Partnership Audit: Five Years OnFive filing cycles have tested every BBA procedural concept. The push-out election under §6226, the elect-out under §6221(b), modifications under §6225(c), and the Partnership Representative are all now well-understood.
Tax Controversy10 min¶ 6 cit.JUL 29
The Auto Loan Interest Deduction: A Narrow WinUp to $10,000 of interest on a qualifying new auto loan is now above-the-line deductible. Final assembly must be in the United States. Most retail buyers will not reach the cap.
Tax Strategy6 min¶ 5 cit.JUL 22
§199A Made Permanent: The QBI Deduction After OBBBAThe 20% pass-through deduction was scheduled to sunset on December 31, 2025. OBBBA made it permanent, widened the phase-in ranges, and added a $400 minimum starting 2026.
Tax Strategy7 min¶ 5 cit.JUL 22
The NYC Unincorporated Business Tax: A Field GuideNYC's 4% UBT on unincorporated entities operating in the five boroughs is the most-misunderstood local tax in our practice. Self-employment income, partnerships, and LLCs taxed as partnerships all owe it.
State & Local8 min¶ 6 cit.JUL 15
The $6,000 Senior Bonus DeductionA new temporary deduction for taxpayers age 65 and over, with a steep MAGI phaseout that catches retirees near $175K / $250K. Not the "no tax on Social Security" the politics implied.
Tax Strategy7 min¶ 6 cit.JUL 8
FinCEN Reversed: Domestic Reporting Companies Are Now ExemptThe March 26 interim final rule narrowed the Corporate Transparency Act to foreign-formed entities only, but state-level reporting just got more important.
Compliance7 min¶ 6 cit.June 20253 essays
JUN 25
South Dakota v. Wayfair, Five Years On: Economic Nexus in 2025Five years after the Supreme Court eliminated the physical-presence requirement, every state plus DC has economic nexus rules for sales tax. The $100K threshold is now the common floor, with material variations.
State & Local9 min¶ 6 cit.JUN 17
Texas Franchise Tax: No-Tax-Due Threshold and Calculation MethodsThe no-tax-due threshold is now $2.47M, exempting ~67,000 additional small businesses. Every entity must still file. Combined reporting and the $500K economic-nexus standard catch out-of-state operators.
State & Local8 min¶ 5 cit.JUN 3
529 to Roth IRA Rollovers Under SECURE 2.0 §126Up to $35K lifetime rollover from 529 to Roth IRA for the same beneficiary. 15-year account age and 5-year contribution seasoning rules. State claw-back risks vary.
Wealth Planning7 min¶ 5 cit.May 20253 essays
MAY 19
New York's PTET, Five Years In: The Numbers Behind the ElectionFive filing cycles of New York PTET data, and what it tells us about which clients should still elect.
State & Local8 min¶ 6 cit.MAY 13
Washington Capital Gains Tax: Year Three7% on long-term capital gains above ~$277K (2025). Real estate exempt. Quinn v. State (2023) upheld it as an excise tax. Year-three revenue holding near $800M annually.
State & Local8 min¶ 5 cit.MAY 8
State R&D Credits: A Multistate ComparisonForty states plus DC offer a research and development tax credit. The state credits do not stack neatly with the federal §41 credit, and the most generous state programs are not the ones you'd guess.
State & Local10 min¶ 6 cit.April 20252 essays
APR 22
California's $800 LLC Annual Tax and the 15-Day RuleCalifornia's $800 minimum franchise tax has traps: the expired first-year waiver, the 15-day rule for December formations, the LLC fee in addition to the $800, and a broad doing-business definition.
State & Local8 min¶ 6 cit.APR 11
The IRS After Rescission: What Examination Coverage Looks Like in FY26Congress rescinded $20.2B of the IRA's IRS funding. Here is what audit coverage actually looks like for closely-held businesses now, and how state DORs are picking up the federal slack.
Tax Controversy9 min¶ 7 cit.February 20251 essay
FEB 5
Bonus Depreciation at 60%: The Cost-Segregation Industry Pivots2024 was the third year of TCJA's bonus depreciation phasedown: 60% bonus, between the 80% in 2023 and the OBBBA restoration to 100% in 2025. A one-year valley between two peaks.
Tax Strategy8 min¶ 5 cit.2024
9 essays · 7 months4 categoriesThe transition year.
November 20241 essay
NOV 9
The IRS Audit Coverage Map: What the 2024 Data Book ShowsCutting through the headlines: where exam activity is genuinely up, and where it isn't.
Tax Controversy8 min¶ 5 cit.September 20242 essays
SEP 18
Preparing for the Estate Exemption CliffModeling the projected 2026 reversion across three family-office archetypes.
Wealth Planning10 min¶ 6 cit.SEP 10
Connelly v. United States: Buy-Sell Agreements RestructuredThe Supreme Court unanimously held that corporate-owned life insurance proceeds increase a closely-held corporation's estate-tax value, regardless of a contractual obligation to use them for redemption. Decades of succession planning required restructuring.
Wealth Planning9 min¶ 5 cit.August 20241 essay
AUG 15
Loper Bright and the End of Chevron Deference for Tax RegulationsThe Supreme Court's June 28, 2024 decision overturned 40 years of Chevron deference. Eighteen months on, the practical impact on Treasury regulations is becoming clearer: less than feared, more than hoped.
Tax Controversy9 min¶ 6 cit.July 20242 essays
JUL 22
The Final Crypto Broker Reporting Rules: A Practical ReadTreasury's final regulations (TD 10000) introduce Form 1099-DA for reporting beginning in 2026.
Compliance7 min¶ 4 cit.JUL 12
Moore v. United States: §965 MRT Survives the Constitutional ChallengeThe Supreme Court's 7-2 decision averted what would have been the largest tax-law upheaval since the Sixteenth Amendment. But the constitutional reasoning leaves significant questions about realization and possible future wealth taxes.
Tax Controversy9 min¶ 5 cit.May 20241 essay
MAY 4
Inside the ERC Claim Withdrawal Program: One Year LaterWhat the IRS data, and our caseload, say about second-look exposure for §3134 claims.
Tax Controversy9 min¶ 8 cit.March 20241 essay
MAR 14
The Original FinCEN BOI Rule: A Pre-Reversal Field GuideBefore the March 2025 reversal, the CTA's rollout taught us a lot about what state-level transparency regimes will look like.
Compliance8 min¶ 6 cit.February 20241 essay
FEB 12
The PTE Tax Election: A 36-State Comparison, Three Years InWhich state SALT workarounds are actually working, and which have quietly broken. Thirty-six states plus NYC now have a PTET, the field guide.
State & Local12 min¶ 5 cit.2023
4 essays · 4 months3 categoriesEnergy credits & the IRA.
November 20231 essay
NOV 29
Doubling the Payroll Offset: The IRA's Quiet R&D Credit WinQualified small businesses can now offset up to $500K of payroll tax with the §41 R&D credit.
Tax Strategy6 min¶ 4 cit.September 20231 essay
SEP 8
Modernizing Trust Administration: Three Documents Every Family Should RefreshDecanting, situs changes, and the quiet revolution in state trust statutes.
Wealth Planning8 min¶ 5 cit.June 20231 essay
JUN 15
Energy Credits for Closely-Held Real Estate: A Sober ReadingCutting through the hype on §179D, §45L, and the new transferability regime under IRA.
Tax Strategy9 min¶ 7 cit.March 20231 essay
MAR 2
The Remote Work Nexus Question, Settled (Mostly)Four years after the pandemic shifted workforces, state nexus law has caught up.
State & Local7 min¶ 6 cit.2022
1 essays · 1 months1 categoriesTCJA, five years on.
December 20221 essay
DEC 14
