This article appeared in the July 1999 issue of the
© 1999 Massachusetts Bar Association
Douglas A. Fleming is an attorney at Fleming &O'Neill in Boston concentrating in the areas of civil and criminal taxcontroversies, estate planning, and business and corporate law.
The Massachusetts Bar Association Taxation Law SectionCouncil recently voted in favor of submitting a bill to the Massachusetts General Court which would provide for the replacement of the current Limited Liability Corporation Act (G.L. c. 156C) with the Uniform Limited Liability Company Act. The council believes that the ULLCA, in addition to the benefit ofpermitting single member LLCs, would provide uniformity in the Massachusetts LLC law with other state LLC laws. Other states have adopted, and/or areconsidering the adoption of, UCCLA. The council has been privileged to have the assistance of Carter Bishop, a professor at Suffolk Law School, in thisprocess. Bishop served on the committee that drafted the UCCLA. The ULLCA was presented to the Massachusetts Bar Association Board of Delegates in June forits endorsement. The board voted to postpone approval until comments areobtained from the Property Law and Civil Litigation sections.
On April 27, Massachusetts Commissioner of Revenue FredLaskey addressed the council. In addition to Laskey, Senior Deputy CommissionerBernie Crowley, First Deputy Commissioner and General Counsel Don Evans andAssociate General Counsel Kevin Brown also attended the meeting. Thecommissioner's presentation was excellent. He discussed the DOR'songoing work in developing regulations regarding its new settlement authority.He also reiterated the DOR's support for the "pay to play"legislation. The commissioner stressed that he and his colleagues want to workwith the practitioner community to effect the fair administration of justice atthe DOR.
At our last meeting the council voted to support HouseBill No. 2053, An Act Relative to Taxation of Court Reporting Services. If enacted,this bill would exempt court reporters' services from the imposition ofthe sales tax in the commonwealth.
The DOR Rulings and Regulations Bureau now offers fulltext copies of all new public written statements via e-mail. To get on theDOR's e-mail list simply send an e-mail message to the DOR [e-mail atmassdor_regs-request] and in the body of the e-mail message type"subscribe[your e-mail address]."
The DOR has issued two new directives that should be ofinterest to tax practitioners. In DOR Directive 99-4 the deductibility of Scorporation qualified retirement plan contributions by shareholders-employeesis discussed. DOR Directive 99-5 discusses the deductibility of healthinsurance premiums for S corporation shareholders.
As this year's activities slow down for the summer,I would like to thank all members of the council for their fine work. I wouldalso like to thank MBA General Counsel Marty Healy and Legislative CoordinatorLee Iannachino for their hard work in advancing the council's legislativeagenda. And finally, a special thanks to MBA Section Activities Manager KristenQuinn for all her help in making this year's activities run smoothly.