|
|
|||||||||||||||
|
|
STEWART S. KARLINSKY Stewart S. Karlinsky, Ph.D., MBA, CPA, was a Professor of Taxation and Graduate Tax Director at San Jose State University who retired from the University on July 25, 2007. Stewart received his Ph.D. and MBA from New York University. Dr. Karlinsky teaches, writes, and speaks in the international tax, corporate, individual, real estate, alternative minimum tax, S corporation, reorganizations, tax policy, and closely held business tax areas. He has lectured extensively to various professional accounting organizations (AICPA, TEI, California CPA), accounting firms (Ernst & Young, PWC, Deloitte, KPMG, BDO, and McGladrey Pullen), and commercial and investment bankers (Bear Stearns, Bank of America, City National Bank, Harris Bank & Bank of Hawaii). He has been an expert witness for both prosecution and defense, and testified before Congress on AMT. In December 2003 he was designated a Fulbright Senior Specialist candidate and served as such in September 2005 in Ireland. Stewart has published over 80 articles in both professional and academic journals including, Tax Adviser, USC Tax Institute's Major Tax Planning, International Tax Journal, American Journal of Tax Policy, Journal of S Corporation Taxation, Tax Notes, Tax Notes International, Journal of Derivative Accounting, Loyola Law Review, S Corporation Journal, CPA Journal, Management Accounting, Practical Accountant, as well as The Journal of the American Taxation Association, Advances in Taxation, Journal of Legal Tax Research, Journal of Accounting, Auditing and Finance, Advances in Accounting, Private Banking, Banker Magazine, Australian Tax Forum, ATAX E-Tax Journal, Journal of Business Communication, Written Communications, Journal of Australian Taxation, and Expert Systems Review. He is the former Executive Director of the SJSU Tax Policy Institute, the SJSU/TEI sponsored High Technology Tax Institute, as well as the immediately past co-director of Joint JD/MST program with Santa Clara Law School. He was the Editor-in-Chief of WGL's High Tech Industry: Tax, Law, Business Planning. He is on the editorial board of the AICPA's Tax Adviser and ATA's Journal of Legal Tax Research. Stu has been cited in the New York Times, Wall Street Journal, Business Week, Tax Notes, Bear Stearns Accounting Issues, and has been interviewed on both radio and television in the U.S. and Australia. He is the author of "The Complete Guide to ALTERNATIVE MINIMUM TAX: 2000-1" He has taught international tax, tax policy and comparative tax systems
in United Kingdom, France, Austria, Portugal, Australia, and Ireland and
is a Senior Fellow at Monash University's Taxation Law and Policy Research
Institute.
HOME OFFICE
55 Hallmark Circle San Jose State University Menlo Park, CA 94025 College of Business (650) 561-0087 Area of Accounting and Finance (650) 561-0097 (FAX) One Washington Square Married San Jose, CA 95192-0066 Born: January 25, 1949 (408) 924-3482 karlin_s@cob.sjsu.edu
C.P.A. New York - November 1973 California - March 1982
Ph.D. New York University, New York, New York September 1977 - August 1981
M.B.A. New York University, New York, New York September 1975 - August 1976
B.B.A. Bernard M. Baruch College, New York, New York September 1966 - May 1970
San
Jose State University - June 1988 to July 2007 University of Ireland-Limerick and National University Ireland-Galway Fulbright Senior Specialist September/October 2005 (3 weeks) University of New South Wales ATAX Program (Sydney Australia) International
Taxation from the U.S. Perspective Coimbra University, Coimbra Portugal Visiting Scholar and Key Note Speaker Curtin University Perth Australia, Visiting Scholar (3 weeks) ATAX- Univ. of New South Wales, Sydney Australia, Research Fellow (one month) August 2003 Santa Clara University Law School - Spring 2000 Monash University's Taxation Law & Policy Research Institute- April
2005 on New York University - September 1978 to May 1981
Board of Directors Foremost Home Care of New York 1979 - Present Foremost Home Care of California 1987 - 1994
Consultant - July 1975 to present Tax Consultant to Bear Stearns & Co. Inc., American Stock Exchange, National & Regional CPA Firms and other companies
Expert Witness - May 1982 to present Expert witness for U.S. Attorney, NYSE & NASDAQ company, and other parties
Arthur Andersen & Co. - August 1972 - June 1975 Tax Senior
Karlinsky and Sholinsky CPA, PC - September 1970 to July 1972 Staff Accountant
RESEARCH AND PUBLICATIONS (REFEREED ARTICLES)
"S Corporation Current Developments", Tax Adviser with Hughlene Burton, October & November Issues of 2007 "Taxes vs Fees: Lead Paint and LLCs" Journal of Legal Tax Research, Issue 5, 2007 with Kitty Wright. "Mixed Blessing of Being Designated a Small Business: A Four Country Comparison" Journal of Legal Tax Research, Issue 5, 2007 with Sheila Killian, Garry Payne and Jackie Arendse. "Making Progress in Tax Simplification: A Comparison of the United States, Australia, New Zealand and United Kingdom", Further Global Challenges in Tax Administration, Fiscal Publications, 2006 with Margaret McKerchar and Kristen Meyer " S Corporations Current Developments- Eligibility, Elections and Terminations", Tax Adviser October 2006 with Hughlene Burton " S Corporations Current Developments- Operations, Tax Adviser
November 2006, with Hughlene Burton and Kathleen Wright. "Top Ten Consumption Tax Myths" Tax Notes, July 25, 2005 with Dale Pinto and Jeff Pope "Top Ten Consumption Tax Myths" Re-Printed in Tax Notes International, August 15, 2005 with Dale Pinto and Jeff Pope "Perceptions of a White Collar Crime: Tax Evasion" American Taxation Association's Journal of Legal Tax Research Volume 3 2005, with Hughlene Burton and Cindy Blanthorne "Tax Professionals' Perceptions of Small Business Tax Law Complexity" Tax Notes, April 4, 2005 with Laura Ingraham "The AJCA's Domestic Business Provisions" Tax Adviser, March 2005 with Ken Orbach "Characterising Derivative-Based Loan Arrangements", Australian
Tax Forum with Rick Krever, 2004 "Perceptions of Tax Evasion as a Crime" ATAX's E-Tax Journal, with Hughlene Burton and Cindy Blanthorne Volume 2, #2 2004 "An Introduction to US Tax Aspects of Executive/Employee Compensation
with a Stock Option Focus," "Defining Small Business: Let me Count the Ways- the U.S. Income Tax Experience", Australian Tax Research Foundation's Conference Series #23, October 2004 and Fiscal Publications UK "S Corporation Current Developments", Tax Adviser with Hughlene Burton, October & November Issues of 1998 - 2005 and October 1994-5. "Developing a Theory of Cash Businesses Tax Evasion Behavior and
the Role of Their Tax Preparers'", "Section 338(h)(10) Checklist", Tax Adviser with Kenneth Orbach,
Samuel Starr, et.al, March 2002 "New COSI Rules Eased for S Corporation; Tax Adviser Dec 2000. "Small Business AMT Exception," Tax Adviser, July 1998. "Brand New World of S Corporation Reorganizations," Tax Adviser, March 1998. "S Corporation Current Developments," Tax Adviser, October 1997. "Small Business Job Protection Act of 1996 Gives High Tech Companies a Mixed Bag," High Tech Industry Journal, Nov./ Dec. 1996 "S Corporation Current Developments," Tax Adviser, October 1996 "Interest Paid by an Individual on a Business Tax Deficiency: Can
it be Deducted?" Tax Adviser, "A Report on Reforming the Alternative Minimum Tax System," Journal of American Tax Policy, Spring 1995. "Alternative Minimum Tax Current Developments," Tax Adviser,
with Barry Slivinsky, June 1994. "S Corporation Current Developments," Tax Adviser, October 1993. "Tax Law Complexity: The Impact of Style," Journal of Business Communication, co-authors Bruce Koch and Bobbie Martindale, 1992. "S Corporation Current Development," Tax Adviser, with Annette Nellen, November 1992. "Section 1374 and the S Corporation Partner," Journal of S Corporation Taxation, with Annette Nellen, Fall 1992. "Adjusted Current Earnings (ACE): The Final Regulations," Tax Adviser, June 1991. "Analyzing a Call for Subchapter S Simplification," S Corporations: The Journal of Tax, Legal, and Business Strategies, co-author Annette Bomyea Nellen, Spring 1991. "New Calculation of Corporate AMT Increases its Complexity as Well as its Impact," Journal of Small Business Taxation, Mar./April 1990. "Tax Based Expert System: Identifying Opportunities and Pitfalls," Advances in Taxation, with Daniel O'Leary, 1990 edition. "A Template for Determining a Corporation's PHC Status," Computers in Accounting, with Frank Daroca, October 1989. "Private Banking Cash Flow: Building a Model," Private Banking, with Elizabeth Jenkins, Spring 1989. "S Corporations: Questions TAMRA 88 Did and Did Not Answer," S Corporations: The Journal of Tax, Legal and Business Strategies, Winter 1988/89. "Policy Judgment of Taxpayers: An Analysis of Criteria Employed," Advances in Taxation, co-authors Valerie Milliron and Paul Watkins, Spring 1989. "Corporate Alternative Minimum Tax: Book/Tax Adjustment," Matthew Bender's Major Tax Planning, the 40th USC Tax Institute, with Gregory Hickey, Fall 1988. "A Framework for Taxation-Based Computer Decision Systems," Expert Systems Review, with Daniel O'Leary, Spring 1988. "The Security Market Impact of a Tax Law Change: Possessions Corporations Revisions," The Journal of the American Taxation Association, with James Manegold, Spring 1988. "Impact of Tax Law Complexity on Professionals," The Journal of the American Taxation Association, with Bruce S. Koch, Fall 1987. "Accounting for Deferred Income Taxes: Preparers' Responses to Policy Proposals," Advances in Accounting, co-authors James Manegold and Alan Cherry, Volume 5, 1987. "Corporate Takeovers: Is the IRS a Black or White Knight?" New Management, with Thomas Boyle, Fall 1987. "Individual Tax Planning Software: A Critical Analysis," The Journal of the American Taxation Association, with Blake Pintar, Spring 1987. "An Alternative Approach to Estate Tax Freeze Recapitalization," The Practical Accountant, co-authors Jack Barcal and Joseph Sliskovich, February 1987. "Condominium Conversions: Tax Planning for Producing Capital Gains," Commercial Investment Journal, with John O'Connor, Summer 1986. "Tax Classification of Trusts: The Howard Case and Other Current Developments," Loyola of Los Angeles Law Review, with Joseph Sliskovich, May 1986. "New Tax Strategy for Deferring of Eliminating the Corporate Minimum Tax Liability," International Tax Journal, co-authors Philip McGovern and Gregory Benz, Fall 1986. "Measuring Conceptual Complexity: A Content Analytical Model Using the Federal Income Tax Laws," Written Communications, with J. Douglas Andrews, April 1986. "Small Business Income Tax Incentives in the U.S. and Other Industrial Nations," International Tax Journal, with William Greene, Summer 1985. "Treating the Merger as a Taxable versus Tax-Free Combination," Healthcare Financial Management, with Steven Finkler, April 1985. "Everyone Wants a Home: An After Tax Analysis of Creative Financing," Southwest Journal of Business and Economics, with Paul Kushel, Winter 1983-1984. "The Effect of Federal Income Tax Law Reading Complexity on Students' Task Performance," Issues in Accounting Education, with Bruce S. Koch, 1984. "Readability and the Adult Reader," Teaching English in the Two-Year College - Readability Issue, co- authors Doug Andrews and Bruce S. Koch, Winter 1984. "New Tax Laws Impact on Corporate Financial Reporting," Journal of Accounting, Auditing, and Finance, Fall 1983. "Readability Is in the Mind of the Reader," Journal of Business Communication, with Bruce S. Koch, Fall 1983. "Capital Gains Provisions: Changed by the Tax Act of 1981, But No Less Complex," Journal of Accounting, Auditing, and Finance, Winter 1983. BOOKS Complete Guide to Alternative Minimum Tax: 2000-2001, 1998-1999, 1996-1997. Research Institute of America's Alternative Minimum Tax, 1987-1993 (Annual Edition). "Tax Based Expert Systems, A First Principles Approach," Chapter
in Expert Systems in Finance, 1991, North Holland. Everything You Wanted to Know About Tax Shelters But Were Afraid to Ask, Second Edition, co- author Lee J. Seidler, July 1985, John Wiley & Sons. "How to Stretch Your Tax Dollars by Generating Long-Term Capital Gains," March 1983, Prentice- Hall Tax Ideas.
Board of Trustees - American Taxation Association 2002-4Senior Tax Specialist - Fulbright Co-Editor-in-Chief - WGL's High Tech Industry: Tax, Law, Business Planning (1996 - 1998) Associate Editor - Journal of the American Taxation Association (1986 - 1989) Editorial Board -ATA Journal of Legal Tax Research 2002- Book Reviewer - Journal of the American Taxation Association
PROFESSIONAL PUBLICATIONS AND CITATIONS
"Top Ten Tax Law Changes I'd Like to See" Tax Notes January 8, 2007 "ESOPs and S Corporations", Tax Adviser, August 2004, Principal
Author. "Section 338 and S Corporation Checklist", Tax Adviser, January 2004, Task Force Member. "Alternative to Black-Scholes for Valuing ESOs", Tax Notes, April 28, 2003 "Bush's Dividend Exclusion Proposal will Complicate the Tax System", Tax Notes, February 2003 "Stimulus Bill's Impact on Business", Strategic Finance, May 2002 "Stimulus Bill's Impact on AMT, Depreciation and NOLs", Tax Adviser, Federal Tax Column, 4/02 "Incentive Stock Options and Individual Alternative Minimum Tax", Tax Pros Vol. 19, Nov/Dec 2001 "Recent Capital Gain Legislation: Some Behavioral Research Observations," Tax Notes, March 1, 1999 with Bruce Koch. "Small Is Better: The Corporate AMT," Management Accounting, April 1998. "TRA 1997 - What Hath Congress Wrought?," Management Accounting, January 1998. "Practitioners Welcome New AMT Changes, But Want More," Tax Notes, September 15, 1997. "Deferred Sales Contracts: Is the IRS Making a Sow's Ear out of A Silk Purse?" Tax Notes, July 14, 1997 "Reforming The Alternative Minimum Tax Systems," Tax Notes, June 5, 1995. "Adjusted Current Earnings: The Final Regulations," Tax Notes,
Tax Practice and Accounting News, April 22, 1991, pp. 349-352. "Complexity in the Federal Income Tax Law Attributable to the Capital Gain and Loss Tax Preference," Dissertation Abstract, Journal of the American Taxation Association, Summer 1983. "TEFRA 82's Potential Discrimination Against High State Tax Residents," CPA Journal, March 1983, Contributor, Federal Taxation Section. "TEFRA 82's Impact on State and Local Income Tax Refunds," National Public Accountant, January 1983. Newspaper Citations: Spartan Daily February 9, 2005 quoted in Social Security Plan Draws Criticism, p.3; San Jose Business Journal October 29, 2004 quoted in "CFOs Facing Tough Tax Decision", p. 37; Tax Notes 9/15/97 quoted in "Practitioners Welcome New AMT Changes, but Want More." p. 1384-1386, Wall Street Journal quoted March 8, 1982, "U.S. Steel is Seen Slashing Tax Bill with Yates Field;" Orange County Daily Star Progress Week December 28, 1982, "USC Professor Offers Helpful Tax Saving Tips;" Business Week, quoted August 29, 1983, p. 72, " The Vanishing Guidelines on Debt vs. Equity;" New York Times, quoted November 20, 1983, p. 79, "The Uses and Abuses of Tax Shelters;" Investors Daily, quoted November 29, 1984, p. 1, "The Treasury's Tax Reform Proposals Contain Something to Irk Everyone," "Gimme Shelter: Low Risk Ways to Save Tax Dollars;" Wall Street Journal, quoted January 2, 1986, p. 3, "Texaco, Pennzoil Appear to Move Closer to Settlement of $11.1 Billion Judgment;" Daily Breeze Op/Ed, June 15, 1986, "Senate Tax Proposal Is Not Reform;" Sacramento Union, quoted June 29, 1986, p. F8, "The Real Estate Roller Coaster: Finding Investment Opportunities;" and San Gabriel Valley Daily Tribune/News, quoted March 20, 1988, p. D1, "Tax Law Confusion Keeps Preparers Busy;" San Jose Mercury News quoted p. 8C, "Tax Time Brings Delayed Aftershocked for Some Victims of Earthquake;" Wall Street Journal quoted March 12, 1991, "IRAs Still Offer Some Advantages, but Pitting Pluses vs. Minuses Is Tougher." Bear Stearns' Accounting Issues, August 16, 1983, "McDermott Reorganization: Tax Savings for the Company, But Taxes for the Shareholders;" October 2, 1986, "Individual Tax Rates Under Tax Reform;" October 9, 1986, "Tax Shelter Loss Limits May Also Reduce Margin Interest Deductions;" October 29, 1986, "Capital Gains of Trusts Under Tax Reform;" January 21, 1987, "Master Limited Partnerships; That Glitter Is Not All Gold;" August 11, 1987, "Deducting Margin Interest and Tax Shelter Losses: Technical Correction Bill Eases the Problem;" September 15, 1987, "Everything You Wanted to Know About AMT But Were Afraid to Ask;"December 14, 1987, "Wash Sale Rule May Clean Out Your Losses." TV Interviews: KGO ABC TV 6 O'Clock News January 16, 2006 AMT Impacts Middle Class Taxpayers"; Sky TV Australia 2002; CBS Affiliate KPIX on AMT and ISOs August 10, 2001; CPA Report, Interview on "AMT Tax Law Changes," December 8, 1989; KTTV (Channel 11) News Interview, "Tax Reform Act of 1986," September 25, 1986. Financial News Network (Cable television) Interview, Alternative Minimum Tax, March 30, 1988. Radio Interviews: Australian Broadcasting (National Public Radio) Life
Matters with Julia Macrossin discussing Tax Evasion as a Crime on April
15, 2004; KNX "Family Tax Planning," June 1985; Bruce Burnhart;
KIEV "Utilize Tax Shelters in Your Home" August 1985, Leon Jank's;
KSCR, Business Talk: TRA 86's Impact on Business, November 19, 1986; KPSI
(Palm Springs) "Year End Tax Planning," December 18, 1986, Sherry
Inglish; KNST (Tuscon, Arizona), "Year End Tax Planning," December
29, 1986, Harry Alexander; KGIL (Los Angeles), "Tax Aspects of Year
End Auto Purchase," December 30, 1986, John Sweeney; KIEV (Los Angeles),
"Impact of New Tax Law," January 26, 1987, Lawrence Kohn; Australian
National Public Radio, "Tax Preparer's Role in Cash Small Business
Tax Evasion" April 5, 2002. Tax Notes' Highlights & Documents, March 15, 1990, "An Adjusted Current Earnings Primer," p. 2385-2389. Tax Notes, March 19, 1990, Tax Accounting News Column, cited in "AICPA
AMT Task Force Chairs Release ACE Primer."
PROFESSIONAL SEMINARS PRESENTED
American
Institute and California Society of Certified Public Accountant Investment Banks, Commercial Banks, and Professional Accounting Seminars High Technology Tax Institute University of Southern California Tax Institute Securities and Exchange Commission and Internal Revenue Service Other Seminars
American
Taxation Association 2006 Outstanding Service Award
American
Accounting Association
American
Institute of Certified Public Accountants Tax Division Certificate of Educational Achievement Task Force, 1990-1. California Society of CPA's Securities and Exchange Commission Government Business Forum American Accounting Association - Western Region 27th Annual Meeting-Executive Planning Committee; FASB Exposure Draft on Safe Harbor Leasing, November 1981. American Taxation Association - American Tax Policy Institute, Task Force Member, AMT Simplification
1994-5
PROFESSIONAL and ACADEMIC SPEAKING ENGAGEMENTS
2006
Tax Research Network, Southampton University, UK September 7 & 8,
2006, Tax Law Complexity: Capital Gains Provisions 2004-5 A/F Chair Review
Committee |