Hillel Nadler
@hnadler.bsky.social
Law professor, Wayne State University
It looks like it would still be available if they file separately - there's an ambiguous reference to "rules similar to the rules of section 32(d)", which says that for EITC purposes somone is only treated as married if they file jointly.
June 10, 2025 at 4:03 PM
It looks like it would still be available if they file separately - there's an ambiguous reference to "rules similar to the rules of section 32(d)", which says that for EITC purposes somone is only treated as married if they file jointly.
If they were dealers, then their income would all be ordinary, so that can't be the argument.
December 18, 2024 at 7:47 PM
If they were dealers, then their income would all be ordinary, so that can't be the argument.
There's a nice discussion of the difference in this recent TaxNotes piece, in the context of section 864 (dealing is a U.S. trade or business, trading isn't): www.taxnotes.com/tax-notes-fe....
Making Markets, Making Trouble? | Tax Notes
Matthew A. Stevens and Huvie Weinreich consider when a market maker might be treated as a dealer in securities for purposes of section 864(b)(2).
www.taxnotes.com
December 18, 2024 at 4:44 PM
There's a nice discussion of the difference in this recent TaxNotes piece, in the context of section 864 (dealing is a U.S. trade or business, trading isn't): www.taxnotes.com/tax-notes-fe....
That piece is available here: papers.ssrn.com/sol3/papers....
America the Tax Haven and Its Trade Deficits
In this article, Austin and Nadler examine an unintended consequence of tax policies that have made the United States a tax haven — its trade def
papers.ssrn.com
November 21, 2024 at 4:46 PM
That piece is available here: papers.ssrn.com/sol3/papers....