Tag Archives: tax consequences

Final §385 Regulations Apply to CFC Loans to Domestic Corporations

The Treasury and IRS recently issued final regulations under §385 that reclassify certain indebtedness as equity. While the final regulations have limited application to U.S.-based multinationals, they do apply to obligations of domestic corporations to related controlled foreign corporations (‘‘CFCs’’). It is critical to avoid such debt being reclassified as stock under the regulations because … Continue Reading

IRS Loses Summary Judgment In Mylan Case

On March 10, 2016, Tax Court Judge Laro denied the Internal Revenue Service’s (IRS) motion for summary judgment in Mylan’s challenge of the IRS’s determination that approximately $372 million should be treated as ordinary income.  See Mylan Inc. and Subsidiaries v. Commissioner of Internal Revenue, T.C.M. 2016-45.  In its Tax Court petition, Mylan seeks a … Continue Reading
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