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Kostelanetz & Fink Attorneys Recognized By New York Metro Area Super Lawyers

NEW YORK CITY, NY (September 12, 2019) – Kostelanetz & Fink is pleased to announce that nine attorneys at the firm, including seven partners, have been selected for inclusion in the 2019 New York Metro “Super Lawyers” list, recognizing the firm’s experience and skill in the areas of Tax, Criminal Defense: White Collar, and Business Litigation.

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Claude Millman was Quoted in a Politico Pro Article Entitled “State: City Did Not Break Laws by Denying Admission at Specialized High Schools,” on August 30, 2019

Politico Pro turned to Kostelanetz & Fink partner Claude Millman for comment on an appeal by seven students who said the recent expansion of Discovery had unfairly denied them seats in the specialized schools. 

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The Death Knell for SALT Cap Workarounds? Treasury's Final Regulations Uphold the $10,000 Cap

By Kevin M. Flynn
The CPA Journal
September 2019 Edition

The itemized deduction for state and local taxes (SALT) under Internal Revenue Code (IRC) section 164 had long provided relief to taxpayers residing in high income and property tax states such as New York, New Jersey, and Connecticut. It assured these taxpayers that their federal tax obligation would only be computed after a reduction for the state and local taxes that they paid, subject to the application of the alternative minimum tax and the itemized deduction limitation. The SALT deduction meant that the IRS could not impose a double tax on that portion of a taxpayer’s income that had been paid in taxes to state and local taxing authorities.

On December 22, 2017, President Donald J. Trump signed the Tax Cuts and Jobs Act (TCJA), which represents the most significant overhaul of the country’s tax laws since the Tax Reform Act of 1986. A major component of the TCJA was a $10,000 per calendar year cap on an individual’s aggregate deduction for state and local income, property, and sales taxes [IRC section 164(b)(6)]. This limitation applies to tax years beginning after December 31, 2017, and ending before January 1, 2026.

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Claude Millman was quoted in an article entitled “’Definitely Not a MeToo Thing’: Chair to CEO Accused of Sexual Misconduct,” Agenda on August 30, 2019

Agenda, the magazine for board directors about corporate board news, turned to Kostelanetz & Fink partner Claude Millman for comments about how members of a corporate board should handle an investigation of #MeToo allegations.

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Bryan C. Skarlatos quoted in "Amid Cryptocurrency Tax Questions, IRS Signals Enforcement", Law360

Law360 quoted Kostelanetz & Fink LLP partner Bryan Skarlatos in their recent article on the Internal Revenue Service’s major initiative to ensure that cryptocurrency users pay their fair share of tax.

Mr. Skarlatos told Law360 that "...the 2014 guidance, though incomplete, combined with the assumption that cryptocurrency users would comply with generally accepted tax principles, is likely sufficient for the vast majority of cryptocurrency users to at least make a good-faith effort when filing. I think that for 95% of the transactions out there, you have enough guidance to know what you should do” under the current regulatory framework, Skarlatos said.

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Caroline D. Ciraolo presented "Preserving Confidentiality in Cross Border Investigations," at the 37th Annual Cambridge International Symposium on Economic Crime

The focus for the 37th symposium was the shared responsibility borne by public and private bodies, across international borders, to fight economic crime. In particular, it looked at the flow of information between agencies and the business world, and how to tackle the issues that this presents. In addition to its keynote speeches and focal discussions each day, there were a host of alternative programmes, plenary sessions and workshops that enabled attendees to share their knowledge, garner new skills, and build new connections.

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Caroline D. Ciraolo participated in the panel “Cooperation or Compulsion: The Emerging U.S. Experience with Voluntary and Involuntary Disclosures of Foreign Transactions,” at the 37th Annual Cambridge International Symposium on Economic Crime

In considering how to better discourage and control economic crime we examined the real threats facing our economies and, in particular, those who look after other people’s wealth not just from criminals and terrorists, but also indirectly as a result of law enforcement and regulatory intervention. We also contexted these risks and the responses not only in terms of the law, but also regulation and especially compliance practice. 

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The Real Estate Trade or Business Exception from IRC Section 163(j)

By Yoram Keinan
The CPA Journal
August 2019 Edition

The scope of the exception for taxpayers engaged in a real estate trade or business from the harsh consequences of Internal Revenue Code (IRC) section 163(j) remains uncertain, even in the aftermath of the issuance of proposed regulations under that section. In particular, the scope and definition of what constitutes “real estate trade or business” remains unclear, and the reference to the same definition under IRC section 469 [which is unrelated to section 163(j)] is equally unhelpful. This article lists several activities that have been previously treated by courts and the IRS as “real estate trade or business” under section 469, and thus should equally apply to section 163(j).

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Bryan C. Skarlatos quoted in "IRS to Cryptocurrency Owners: Come Clean, or Else!", The Wall Street Journal

The Wall Street Journal quoted Kostelanetz & Fink LLP partner Bryan Skarlatos in their recent article on the Internal Revenue Service’s crackdown on Americans who have not reported income from cryptocurrencies. On his advice to clients who may have made money from crypto, Mr. Skarlatos said, “I tell them, ‘It’s time to put your running shoes on.’ You must get to the IRS before they find you, especially if you got a letter.”

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Six Kostelanetz & Fink Attorneys Recognized in 26th Edition of The Best Lawyers in America©

NEW YORK (August 15, 2019) — Kostelanetz & Fink is pleased to announce that The Best Lawyers in America has recognized six of its attorneys in its 2020 edition. The Best Lawyers in America (2020 edition), released August 15, 2019, recognizes the firm’s attorneys in the areas of Litigation and Controversy – Tax, Tax Law, Commercial Litigation, and Criminal Defense: White Collar. The annual list is based on a peer review process and reflects the consensus opinion of leading lawyers about the professional abilities of their peers within the same geographical regions and practice areas, according to the Best Lawyers website.  

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