
Martin J. McMahon Jr.
Stephen C. O'Connell Professor of Law
Mailing Address: Box #117625 Gainesville, FL 32611
Email: mcmahon@law.ufl.edu
Phone: 352.273.0931
Fax: 352.392.7647
SSRN Vita [PDF]
Education
LL.M. Taxation, Boston University
J.D., Boston College (cum laude)
B.A., Rutgers University (cum laude)
Professional Activities
- University of Florida: Joined College of Law faculty in 1997. Named Clarence J. TeSelle Professor of Law in 1998. Visiting Hugh F. Culverhouse Eminent Scholar in Taxation, 1991.
- Previous Academic:
University of Kentucky College of Law – Faculty 1979-97, Laramie L. Leatherman Professor of Law 1991-97, Michael R. and Joanne Duncan Outstanding Teaching Award 1993, UK Alumni Association ‘Great Teacher Award’ 1996.
University of Virginia School of Law – Visiting Faculty 1982-83.
New York University – Internal Revenue Service CPE Program (Washington, D.C.) 1996. - Private Practice: Professor-in-Residence, Office of Chief Counsel, Internal Revenue Service, Washington, D.C., 1986-87; Hamblett & Kerrigan, Nashua, N.H., 1974-79.
- Organizations: American College of Tax Counsel, American Law Institute, American Bar Association Section on Taxation (Committee on Teaching Taxation (Chair 2000-02)), Association of American Law Schools (Tax Section Chair 1996), National Tax Association, Theodore Tannenwald Jr. Foundation for Excellence in Tax Scholarship (Academic Advisory Board).
Income Taxation (3 or 4 credits) – LAW 6600
- NOTE: Students who wish to take additional taxation courses should consider taking this course in second year because it is a prerequisite to all other income tax courses.��Designed to teach fundamentals of federal income taxation to prepare students, as lawyers, to recognize and appreciate income tax consequences of transactions and events they encounter in general practice of law. Students learn to read and understand the language of statutes (the Internal Revenue Code), of an administrative agency (the Internal Revenue Service), and judicial interpretations of the statutes and agency pronouncements.
Corporate Taxation (3 credits) – LAW 6610
- Addresses income tax topics which might be encountered by a general practitioner advising a closely held corporation and its investors. Explores income tax consequences of transfers of property and services to a corporation, distributions to investors, and corporate liquidations and mergers. Coverage given to tax treatment of “S Corporations.”
Prerequisites:Income Taxation (LAW 6600).
Partnership Taxation (2 or 3 credits) – LAW 6616
- A general practitioner is likely to encounter many business enterprises (including law firms) engaging in business in the form of a partnership. This course addresses taxation of and tax consequences of partnership formation or termination, distributions of money or property to partners, and consequences of sale or exchange of a partnership interest and of a partner’s death.
Prerequisites:Income Taxation (LAW 6600).
Corporate Taxation I (3 credits) – LAW 7611
- Tax considerations in corporate formations, distributions, redemptions and liquidations, including Subchapter C and Subchapter S corporations. Consideration of alternatives relating to the sales of corporate businesses.
Corporate Taxation II (3 credits) – LAW 7613
- Corporate reorganizations; corporate acquisitions and divisions, including transfer or inheritance of losses and other tax attributes; corporate penalty taxes; consolidated returns provisions.
Prerequisites:Corporate Taxation I or Instructor’s consent.
Note: Complete detailed list in vita.
Current Books
- FEDERAL INCOME TAXATION, CASES AND MATERIALS, SIXTH EDITION and accompanying CLASS DISCUSSION PROBLEMS and TEACHER’S MANUAL (with P. McDaniel, D. Simmons & G. Polsky) (Foundation Press, 2008), annual supplements since 2009.
- FEDERAL INCOME TAXATION OF BUSINESS ORGANIZATIONS, FOURTH EDITION, and accompanying STUDY PROBLEMS and TEACHER=S MANUAL (with P. McDaniel & D. Simmons) (Foundation Press, 2006), annual supplements since 2007.
- FEDERAL INCOME TAXATION OF PARTNERSHIPS AND S CORPORATIONS, FOURTH EDITION, and accompanying STUDY PROBLEMS (with P. McDaniel & D. Simmons) (Foundation Press, 2006), annual supplements since 2007.
- FEDERAL INCOME TAXATION OF CORPORATIONS, THIRD EDITION, and accompanying STUDY PROBLEMS (with P. McDaniel & D. Simmons) (Foundation Press, 2006), annual supplements since 2007.
- FEDERAL INCOME TAXATION, CASES AND MATERIALS, FIFTH EDITION and accompanying CLASS DISCUSSION PROBLEMS and TEACHER’S MANUAL (with P. McDaniel, D. Simmons & A. Abreu) (Foundation Press, 2004), annual supplements since 2005.
- FEDERAL INCOME TAXATION OF INDIVIDUALS, THIRD EDITION (Warren, Gorham & Lamont, 2002) (with Boris I. Bittker & Lawrence A. Zelenak); Semi-annual cumulative supplements since 2003.
Representative Law Reviews / Journals
- A Field Guide to Cancellation of Debt Income, 62 The Tax Lawyer ___ (Spring 2010) (with Daniel L. Simmons) [in press].
- Recent Developments in Federal Income Taxation: The Year 2008, 9 Florida Tax Review 275 (2009) (with Ira B. Shepard & Daniel L. Simmons).
- Recent Developments in Federal Income Taxation: The Year 2007, 8 Florida Tax Review 715 (2008) (with Ira B. Shepard & Daniel L. Simmons).
- Recent Developments in Federal Income Taxation: The Year 2006, 8 Florida Tax Review 433 (2007) (with Ira B. Shepard).
- Recent Developments in Federal Income Taxation: The Year 2005, 8 Florida Tax Review 5 (2007) (with Ira B. Shepard).
- Recognition of Gain by a Partnership Issuing an Equity Interest for Services: The Proposed Regulations Get It Wrong, 109 Tax Notes 1161 (November 28, 2005).
- Recent Developments in Federal Income Taxation: The Year 2004, 7 Florida Tax Review 47 (2005) (with Ira B. Shepard).
Recent CLE Presentations
- 44th Annual Southern Federal Tax Institute, October 19, 2009, Atlanta, Georgia; Topic: “Recent Developments in Federal Income Taxation.” (jointly with Prof. Ira Shepard).
- University of Montana School of Law, 57th Annual Tax Institute, Missoula, Montana, October, 16, 2009; Topic: “A Filed Guide to Cancellation of Debt Income”(jointly with Prof. Daniel l. Simmons).
- Universidad Diego Portales, M�todos Alternativos de Soluci�n de Conflictos Tributarios, Santiago, Chile, October 6, 2009; Topic: “Administrative Settlements of Tax Controversies in the United States.”
- Ninth Annual Oregon Tax Institute, Portland, Oregon, June 4, 2009; Topic: “Recent Income Tax Developments.”
- University of North Carolina School of Law, Twenty-Fourth Annual Tax Institute, Chapel Hill, N.C., April 30, 2009; Topic: “Recent Developments in Federal Income Taxation” (jointly with Prof. Ira Shepard).
- American Bar Association, Tax Section, Midyear Meeting, New Orleans, Louisiana, January 10, 2009; Topic: “Recent Income Tax Developments” (jointly with Prof. Daniel Simmons).
- University of Montana School of Law, 56th Annual Tax Institute, Missoula, Montana, October, 31, 2008; Topic: “Distributions From Partnerships and LLCs: What You Know About Distributions From Corporations Is Irrelevant.”
- 43rd Annual Southern Federal Tax Institute, September 22, 2008, Atlanta, Georgia; Topic: “Recent Developments in Federal Income Taxation.@ (jointly with Prof. Ira Shepard).