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Tax Court warns 70/30 basket swaps may not protect tax benefits

The Tax Court has cautioned that swaps structured around the 70/30 basket may not succeed in preserving claimed tax benefits, signaling closer scrutiny of such arrangements. The warning suggests that taxpayers relying on these structures to shield deductions or credits could face challenges, and advisers are expected to review existing transactions and reassess the strength of their positions.

Why now: The court's warning creates uncertainty for taxpayers and advisers using 70/30 basket structures to secure tax advantages.

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