David P. Hariton

Withholding Tax on Dividend Equivalent Payments: IRS and Treasury Issue Temporary and Proposed Regulations on “Dividend Equivalents” on “Specified Notional Principal Contracts”
Judith R. Fiorini,David P. Hariton,Jeffrey D. Hochberg,Andrew D. Moin,Michael Orchowski,S. Eric Wang, January 26, 2012
Section 871(m) of the Code requires taxpayers to treat certain “dividend equivalent” payments on “specified notional principal contracts” (“specified NPCs”), among other types of transactions, as U.S.- source dividends, thereby subjecting them to the withholding...

Poposed Regulations Regarding the Scope of Swap Exclusion for Contracts Marked to Market and Expanded Definition of Notional Principal Contract: IRS and Treasury Department Issue Proposed Regulations on Swap Exclusion for Section 1256 Contracts and on Definition of Notional Principal Contract
David P. Hariton,Jeffrey D. Hochberg,Theodore D. Holt,Andrew P. Solomon,S. Eric Wang, September 26, 2011
On September 16, 2011, the Internal Revenue Service (the “IRS”) and Treasury Department proposed regulations (the “Proposed Regulations”) that would (1) clarify and expand a Dodd-Frank Act exclusion from the definition of contracts that are marked to market under Section...

Economic Substance Doctrine: New Directive for IRS Examiners and Managers: LB&I Directive Sets Out Detailed Substantive and Procedural Standards for IRS Examiners to Follow - This Provides Valuable Information to Taxpayers and Their Advisors
David P. Hariton,Eliyahu D. Jacobson,Donald L. Korb,Andrew S. Mason,S. Eric Wang,Diana L. Wollman, July 28, 2011
The Commissioner of the Large Business and International Division of the IRS (“LB&I”) recently issued a directive (the “Directive”) to LB&I examiners and managers setting out specific analytical steps that the examiners must complete before asserting the newly codified...