Don Leatherman

W. Allen Separk Distinguished Professor of Law
B.A., 1975, Goshen College
J.D., 1981, Dickinson School of Law
L.L.M., 1984, New York University

Fundamental Concepts of Income Taxation, Income Taxation of Business Organizations, Transactional Tax Planning, Economic Principles of Income Taxation, Legal Process I

dleathe1@utk.edu

Professor Leatherman has been a member of the faculty since 1994. He speaks frequently at meetings of tax professionals, including the Tax Section of the American Bar Association (the "ABA") and programs of the Practicing Law Institute. He also publishes regularly. He generally speaks and writes on federal income tax issues relating to consolidated groups.

Before joining the UT faculty, Professor Leatherman worked at the Internal Revenue Service and in private practice.

Prof. Leatherman's personal home page may be viewed here.

Publications

       Books, Chapters & Other Publications :

Four Consolidated Regulations and a Revenue Ruling: § 1.1502-35, § 1.1502-47T, § 1.1502-76T(a), § 1.1502-77T, and Rev. Rul. 2006-11, 25 Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations and Restructuring 2005 875 (Practicing Law Institute 2006)

Fundamental Concepts, the introductory chapter of an e-book on the federal income taxation of consolidated groups published by Commerce Clearing House (2006)

Liquidating into Multiple Distributee Members, 24 Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations and Restructuring 2005 849 (Practicing Law Institute 2005)

Important Developments for Consolidated Groups, 58 Tax Lawyer 975 (2005)

Perfectly Legal (a book review), 41 Tenn. B. J. 23 (June 2005)

Menu of Recent Consolidated Developments, 22 Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations and Restructuring 2004 605 (Practicing Law Institute 2004)

A Primer on § 1.1502-35T, 21 Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations and Restructuring 2003 9 (Practicing Law Institute 2003)

Why Rite Aid is Wrong, 52 American University Law Review 811 (2003)

Current Developments for Consolidated Groups, 15 Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations and Restructuring 389 (Practicing Law Institute 2000)(cited in United Dominion Indus., Inc. v. United States, 121 S.Ct. 1934 (2000)).

Taxable Transactions Involving S Corporations and Their Shareholders, 58 NYU Inst. Tax/n ch. 7 (Matthew Bender 2000).

Musings on Current Consolidated Issues, 14 Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations and Restructuring Ch. 220 (Practicing Law Institute 1999).

Extraordinary Gain and Loss Disallowance – Formulas to Compute the Extraordinary Gain and Disposition Factor, 12 Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations and Restructuring Ch. 182 (Practicing Law Institute 1998).

Shifting of Member Stock Basis under § 1.302-2(c), 13 Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations and Restructuring Ch. 188 (Practicing Law Institute 1998).

Co-author with Terrill Hyde and Bill Wasserman, The Use of Partnerships by Consolidated Groups, 12 Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations and Restructuring 781 (Practicing Law Institute 1997).

     Articles:

Why Rite Aid is Wrong, 52 Amer. Univ. L. Rev. 811 (2003).

Notice 2001-45 and Consolidated Groups, 15 J. of Tax. of Fin. Inst. 9 (Mar./Apr. 2002).

United Dominion and the Consolidated Return Regulations, 91 Tax Notes 1319 (2001).

Recent Professional Presentations and Service

November 2006 -- At the Practicing Law Institute's Los Angeles meeting on Mergers, Acquisitions, and Joint Ventures, spoke on a panel discussing current developments for consolidated groups

October 2006 -- At the tax section October meeting, spoke on a panel discussing current developments for consolidated groups

January 2006 -- At the ABA tax section January meeting, spoke on a panel discussing current developments for consolidated groups

November 2005 -- At the Practicing Law Institute's Los Angeles meeting on Mergers, Acquisitions, and Joint Ventures, spoke on a panel discussing current developments for consolidated groups

September 2005 -- At the ABA tax section September meeting, spoke on a panel discussing how § 362(e)(2) applied to consolidated groups

May 2005 -- At the ABA tax section May meeting, spoke on a panel discussing current developments for consolidated groups

January 2005 -- At the ABA tax section January meeting, spoke a panel discussing current developments for consolidated groups

November 2004 -- At the Practicing Law Institute's Los Angeles meeting on Mergers, Acquisitions, and Joint Ventures, spoke on a panel discussing current developments for consolidated groups

June 2004 -- Participated as a panelist on a teleconference for the ABA tax section; the teleconference was entitled "Applying § 108 to Consolidated Groups"

May 2004 -- At the ABA tax section May meeting, spoke on a panel discussing current developments for consolidated groups

January 2004 -- At the January meeting of the ABA tax section, spoke on two panels discussing planning opportunities presented by § 1.1502-28T

November 2003 -- At the Practicing Law Institute's Los Angeles meeting on Mergers, Acquisitions, and Joint Ventures, spoke on a panel discussing current developments for consolidated groups

May 2003 -- Participated as a panelist on a teleconference for the ABA tax section; the teleconference was entitled "The Consolidated Return Loss Disallowance Rules."

May 2003 -- At the ABA tax section May meeting, spoke a panel discussing regulations under § 1.1502-35T

Works in Progress

Corralling the Single-Entity Theory, (a paper describing a systemic approach to interpreting the consolidated return regulations).

The Proposed Loss Disallowance Regulations (a paper describing extensive, recently proposed regulations that deal with gain or loss recognized on subsidiary stock by a consolidated group).

April 20, 2007