How Tax Works Archives - Falcon Rappaport & Berkman LLP

Substance v. Form Part III: Project Soy and the Economic Substance Doctrine – How Tax Works

Jun 08, 2026

In episode 54 of How Tax Works, Matt Foreman discusses the wonderfully-named Project Soy (Liberty Global v. U.S., No. 23-1410), the economic substance doctrine, GILTI, and why citing Helvering v. Gregory is rarely a...

Cannabis, 280E, and (sort of) Rescheduling – How Tax Works

May 26, 2026

In episode 53 of How Tax Works, Matt Foreman discusses the state of the taxation of Cannabis, how section 280E works, how to mitigate its effects, and why 471(c) isn’t a panacea. Listen to the episode here:...

QSBS Part VI: Why You Probably Shouldn’t Try to Qualify for the Exclusion Under Section 1202 of the IRC – How Tax Works

May 11, 2026

In episode 52 of How Tax Works, Matt Foreman discusses why too many people are becoming too focused on the exclusion for QSBS, why many businesses shouldn’t bother restructuring to get QSBS, and the proper way to...

Theft, Scam, and Casualty Losses – How Tax Works

Apr 27, 2026

In episode 51 of How Tax Works, Matt Foreman discusses theft losses under section1 165 of the IRC, including pig butchering, rug pulls, and Ponzi schemes, discussing whether the losses are deductible and in what...

Ferraris, Montana LLCs, and Use Taxes – How Tax Works

Apr 13, 2026

In episode 50 of How Tax Works, Matt Foreman discusses Al Capone, bad tax advice from the internet, and a sports car, which is a mixture of that led to the arrest of a youtuber. Listen to the episode here: Follow...

Hobby Losses and How They Are Limited – How Tax Works

Mar 30, 2026

In episode 49 of How Tax Works, Matt Foreman discusses hobby losses, which are a significant and often underappreciated limitation on the ability to deduct losses based on the taxpayer’s profit motive. Listen to the...

Unrelated Business Taxable Income – How Tax Works

Mar 16, 2026

In episode 48 of How Tax Works, Matt Foreman discusses Unrelated Business Taxable Income (UBTI), which is what can happen when nonprofit entities earn income from their operations, investments, and other...

Substance Versus Form, Part II: The Step Transaction Doctrine – How Tax Works

Mar 02, 2026

In episode 47 of How Tax Works, Matt Foreman continues his discussion of substance versus form issues, focusing on the Step Transaction Doctrine, discussing the three tests and how they’re used and misused. Listen to...

Substance Versus Form, Part I: The Economic Substance Doctrine – How Tax Works

Feb 16, 2026

In episode 46 of How Tax Works, Matt Foreman begins his discussion of substance versus form issues, beginning with the Economic Substance Doctrine, from its beginnings in case law to its codification in I.R.C. ?...

Stock Sales Taxed as Asset Sales – How Tax Works

Feb 02, 2026

In episode 45 of How Tax Works, Matt Foreman discusses how to have stock sales taxed as asset sales by using F Reorganizations, selling wholly-owned subsidiaries, and elections under 336(e) and 338(h)(10). Listen to...

Substance v. Form Part III: Project Soy and the Economic Substance Doctrine – How Tax Works

Cannabis, 280E, and (sort of) Rescheduling – How Tax Works

QSBS Part VI: Why You Probably Shouldn’t Try to Qualify for the Exclusion Under Section 1202 of the IRC – How Tax Works

Theft, Scam, and Casualty Losses – How Tax Works

Ferraris, Montana LLCs, and Use Taxes – How Tax Works

Hobby Losses and How They Are Limited – How Tax Works

Unrelated Business Taxable Income – How Tax Works

Substance Versus Form, Part II: The Step Transaction Doctrine – How Tax Works

Substance Versus Form, Part I: The Economic Substance Doctrine – How Tax Works

Stock Sales Taxed as Asset Sales – How Tax Works

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