Brant J. Hellwig

Professor of Law

Contact Information Room 426 USC School of Law 701 Main Street Columbia, South Carolina 29208 v 803-777-7229 f 803-777-2368 Email

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Scholarship

Primary Publications

Estate and Gift Taxation (LexisNexis 2011) (with Robert T. Danforth)

Textbook published as part of the LexisNexis Graduate Tax Series

Taxing Structured Settlements

51 B.C. Law Rev. 39 (2010) (with Gregg D. Polsky)

Highlights the tax benefit of yield exemption statutorily provided to physical injury plaintiffs who structure payment of damage recoveries, and explains how this tax benefit has been claimed by parties outside the physical injury setting.

On Discounted Partnership Interests and Adequate Consideration

28 Va. Tax Rev. 531 (2009)

Traces and critiques the evolving application of the statutory exception to § 2036(a) for transfers made for adequate and full consideration in context of transfers to family limited partnerships.

Nonqualified Deferred Compensation and the Pre-Statutory Limits on Deferral

Book chapter in Federal Income Taxation Of Retirement Plans (Alvin D. Lurie, ed. 2008)

Explains judicial doctrines employed to determine when a contractual right to a future payment is included in gross income prior to enactment of IRC § 409A; explores deferred income recognition from standpoint of tax policy.

Questioning the Wisdom of Patent Protection for Tax Planning

26 Va. Tax Rev. 1005 (2007)

Presented at University of Minnesota Law School Symposium on The Future of Tax Shelters Outlines policy arguments against patent protection for tax planning strategies.

The Supreme Court’s Casual Use of the Assignment of Income Doctrine

2006 U. Ill. L. Rev. 751 (2006)

Reprinted in The Monthly Digest of Tax Articles (Dec. 2007)

Critiques the Supreme Court’s analysis in Commissioner v. Banks on basis that the Court inappropriately applied the assignment-of-income doctrine outside the context of gratuitous assignments.

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Taxing the Promise to Pay

89 Minn. L. Rev. 1092 (2005) (with Gregg D. Polsky)

Reprinted in the Journal of Deferred Compensation (Summer 2006)

Explains that compensatory payment obligations entitled to deferred income tax treatment do not include obligations issued by a third party to the service transaction, both as a matter of statutory construction and tax policy.

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Litigation Expenses and the Alternative Minimum Tax

6 Fla. Tax Rev. 899 (2004) (with Gregg D. Polsky)

Details the implications of treating litigation expenses as miscellaneous itemized deductions subject to disallowance under the alternative minimum tax, and proposes statutory change.

Revisiting Byrum

23 Va. Tax Rev. 275 (2003)

Reviews the analytical basis for the Supreme Court’s decision in United States v. Byrum and contends that the decision does not serve as meaningful impediment to the application of § 2036(a)(2) in the family limited partnership context.

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Estate Tax Exposure of Family Limited Partnerships Under Section 2036

38 Real Prop. Prob. & Tr. J. 169 (2003)

Proposes an expanded interpretation of § 2036 that would apply to family limited partnerships employed as trust substitutes for estate planning purposes.

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Additional Publications

The Holding Intent Requirement for Property Transferred in a Section 1031 Exchange

45 Real Prop. Tr. & Est. J. 635 (2011)

Close the Yield Exemption Loophole Created by Childs

123 Tax Notes 1141 (June 1, 2009) (with Gregg D. Polsky)

Taxpayer’s Family Limited Partnership in Estate of Mirowski v. Commissioner

LexisNexis Expert Commentary (June 2008)

U.S. Tax Court’s Treatment of Formula Disclaimers in Estate of Christiansen v. Commissioner

LexisNexis Expert Commentary (June 2008)

The Eleventh Circuit’s Acceptance of a Full Discount for the Lurking Capital Gain Liability in Estate of Jelke v. Commissioner

LexisNexis Expert Commentary (May 2008)

The Ninth Circuit’s Interpretation of the Bona Fide Sale Exception to § 2036(a) in Estate of Bigelow v. Commissioner

LexisNexis Expert Commentary (May 2008)

Trust Investment Advisory Fees and the Two Percent Floor: The Supreme Court Decision in Knight

Probate Practice Reporter, vol. 20 no. 2 (February 2008)

The Employment Tax Challenge to the Check the Box Regulations

111 Tax Notes 1039 (May 29, 2006) (with Gregg D. Polsky)

Evaluating the Estate Tax Exposure of the SCTC Trust Termination Provisions

Book chapter in The South Carolina Trust Code (James C. Hardin, III and S. Alan Medlin, 2006)

Choice of Business Entity: Weighing the LLC Against the Alternatives

Book chapter in South Carolina Corporate Practice Manual (2d ed. 2005)

Kimbell v. United States: The Rise and Apparent Fall of the Section 2036 Argument Against FLPs

104 Tax Notes 517 (Aug. 2, 2004)

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Brief as Amici Curiae filed with the United States Supreme Court

Filed in Commissioner v. Banks (June 11, 2004) (with Gregg D. Polsky)

Kimbell: Is the Party Over for Family Limited Partnerships?

98 Tax Notes 1871 (Mar. 24, 2003)

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Judicial Activism Is Not the Solution to the Attorney’s Fee Problem

97 Tax Notes 693 (Nov. 4, 2002)

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Estate of Strangi, Section 2036, and the Continuing Relevance of Byrum

96 Tax Notes 1259 (Aug. 26, 2002)

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