American Bar Association Tax Section Midyear Conference

January 29, 2016
Los Angeles, California

On January 29, Mr. Hochberg participated in two panels at the American Bar Association Tax Section Midyear Conference, which was held in Los Angeles.

Mr. Hochberg moderated a panel titled “All Things Bright and Beautiful: Applying the Final Section 871(m) Regulations Beyond Single Name NPCs.” The panel discussed the final Section 871(m) regulations with a particular emphasis on the practical application of the regulations to common financial instruments, including structured notes, listed options, index derivatives and derivatives on partnership interests.

Mr. Hochberg also participated in a panel titled ”Current Issues for Funds Investing in Index-Linked Financial Transactions.” The panel explored a variety of tax issues that arise when investment funds enter into financial transactions relating to indices, with a particular emphasis on the tax treatment of derivatives with respect to an index. The panel addressed, among other issues, the application of section 1260, section 871(m), FIRPTA, the wash-sale rules, Section 1256, and the regulated investment company rules to these types of transactions. The discussion was based on a paper on this topic that Mr. Hochberg and co-author Mr. Apostolopolous published in the journal The Tax Lawyer.