LLCs and LLPs

Topics

May 31, 2026

Sec. 280E bars claim for refundable portion of ERC

The employee retention credit is among those prohibited under the section for taxpayers trafficking in federally controlled substances, the Tax Court held, finding against a marijuana dispensary business.

February 28, 2026

Death of an LLC member: Basic tax considerations

A member’s death will likely require apportioning LLC income and may entail treatment of the interest as a sale or disposition or even terminate the LLC.

January 31, 2026

IRS rules for first time that REIT’s income from markup on electricity from EV charging stations is rents from real property

Payments including for electricity from electric vehicle stations applied toward the real estate investment trust’s qualifying gross-income tests under Sec. 856, the Service ruled.

November 30, 2025

Tax Court applies limited partner functional test for self-employment income

In Soroban Capital Partners, the Tax Court analyzed the roles, responsibilities, and capital contributions of three limited partners in a limited partnership and determined that they were limited partners in name only.