The definition of a limited partner under section 1402(a)(13) has become a focal point as courts grapple with how a long-standing statutory provision applies to modern business entities. In Sirius LLLP, the Fifth Circuit recently weighed in, adopting an expansive view of the self-employment tax exception for active limited partners but not addressing the status of LLC members. With the First and Second circuits expected to address similar issues soon, the potential for a more unified or, conversely, an increasingly fragmented judicial framework is coming into view. Will these decisions bring greater clarity to partner classifications, or will they further complicate the application of section 1402(a)(13) in today’s evolving partnerships? 

Tax Analysts is offering this episode of Taxing Issues as a free service to the public, and all attendees can receive CPE credits. To do so, you must register for the webcast before it starts and log in no later than the scheduled start time. You also must request CPE credits before each webcast, and you must answer the polling questions that will be asked throughout the event. 

Sponsorship opportunities for Taxing Issues events and webinars are available.  Please click here for more information.

Cara Griffith
President and CEO, Tax Analysts

As the moderator for our Taxing Issues webinars, Cara objectively analyzes issues and asks probing questions that challenge panelists to explain and defend their positions.

When she’s not moderating Taxing Issues webinars, Cara provides strategic oversight for Tax Analysts. She has led efforts to improve the Tax Notes suite of products and to aggressively pursue transparency in the administration of tax systems. Previously, Cara managed the editorial department, including the flagship daily news publications and weekly magazines. She has written for a broad range of tax policy publications, including Tax Notes State, The Tax Adviser, The Hedge Fund Law Report, and The Hill. She regularly speaks at tax conferences and other events, discussing a variety of technical tax issues as well as the need for transparency in tax administration.

Cara has a BA in political science and a BA in international studies from the University of Evansville and a JD from the George Washington University Law School.

Karen Burke
Professor of law and Richard B. Stephens Eminent Scholar at the University of Florida Levin College of Law

Karen Burke is a professor of law and Richard B. Stephens Eminent Scholar at the University of Florida Levin College of Law. She is the author or co-author of numerous articles and books, including Partnership Taxation (with George Yin) and Federal Income Taxation of Partners and Partnerships in a Nutshell. Her recent articles include “The Original Meaning of ‘Limited Partner’,” 104 Taxes  (forthcoming 2026), and “Active Limited Partners Flunk Functional Test,” 78 Tax Lawyer 405 (2025). 

Walter D. Schwidetzky
Professor of law at the University of Baltimore School of Law

Walter D. Schwidetzky is a professor of law at the University of Baltimore School of Law, where he teaches tax courses at the law school and Graduate Tax Program levels.  He is a former director of the Graduate Tax Program.  

A specialist in partnership taxation, professor Schwidetzky has coauthored three books—including a partnership taxation textbook—and published more than 40 articles, with frequent contributions to Tax Notes. A sought-after speaker, he regularly presents to prestigious organizations such as the Max Planck Institute in Munich, the American Bar Association Section of Taxation, and the LLC Institute. He has been active in the ABA tax section and is the former co-chair of the Partnership Taxation Committee’s LLC Subcommittee.  His expertise is widely recognized and cited by national media outlets, including The New York Times and Bloomberg News. 

Jim Sowell
Principal at KPMG LLP

Jim Sowell is a principal at KPMG LLP. He formerly led the real estate practice in KPMG’s National Tax Office. Jim’s practice is focused primarily on tax issues related to partnerships, REITs, and debt workouts regarding such entities. Jim previously was an associate tax legislative counsel in the Treasury Office of Tax Policy, where he was responsible for legislation and guidance related to partnerships, REITs, and like-kind exchanges.

Jim is a former chair of the American Bar Association Section of Taxation Real Estate Committee and a former vice chair of the Real Estate Roundtable’s Tax Policy Advisory Committee. Jim is a member and former president of the board of trustees for the Southern Federal Tax Institute and participates on NAREIT’s Government Relations Committee. Jim has written numerous articles and speaks extensively on partnerships and REITs.

Jim has his undergraduate and law degrees (both with high honors) from the University of Florida and has an LLM in taxation from New York University, where he served as an editor on the Tax Law Review.