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  • Is a leave of absence a “reasonable accommodation”?

    May / June 2010
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 770

    Abstract: The “reasonable accommodation” clause of the Americans with Disabilities Act (ADA) is the crux of many a legal argument. Such was the case involving a paper inspector who had developed a bone spur. After lengthy periods of time off and light-duty work, he accepted disability retirement — and then sued, alleging disability discrimination.

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  • Age discrimination case involves stolen property

    May / June 2010
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 889

    Abstract: A company fired a tool crib attendant after an internal investigation produced evidence that he’d stolen company property for his own financial gain. The 56-year-old plaintiff commenced an age-discrimination lawsuit. He established that the company had made the charge over a year after the firing, and that a number of younger employees weren’t fired — despite their alleged complicity in the theft. The court permitted a trial on the age discrimination claim. A sidebar discusses another age-discrimination case involving an employee who’d complained about a salary freeze.

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  • Before and after: Employee commute drives FLSA case

    May / June 2010
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 711

    Abstract: A technician filed a lawsuit seeking compensation for time spent commuting to job sites in company vehicles and for time spent on preliminary and follow-up activities performed at home. In the first instance, he claimed that the commute amounted to a condition of his employment and he was required to use the company vehicle, which he couldn’t use for personal pursuits. The court disagreed, and also rejected his claim regarding his preliminary off-the-clock activities. But his follow-up activity — sending a transmission to his superiors concerning all the jobs he’d performed that day — was another matter.

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  • Dealer Digest

    May / June 2010
    Newsletter: Dealer Insights

    Price: $225.00, Subscriber Price: $157.50

    Word count: 404

    Abstract: This issue’s “Dealer Digest” offers suggestions for moving used-car inventory; looks at truck donations to Haiti; shows trends in leasing and repossessions; and illustrates negative tax consequences of early retirement distributions.

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  • Dealerships in distress – Out-of-court workouts are among their options

    May / June 2010
    Newsletter: Dealer Insights

    Price: $225.00, Subscriber Price: $157.50

    Word count: 706

    Abstract: While the worst ramifications of the recession may be over, many dealerships continue to fight for their survival in a frail economy. There are telltale signs that a dealership may be headed toward bankruptcy — but there are several relief methods available to distressed dealerships. An out-of-court turnaround may involve renegotiating debt terms, cutting service hours or combining administrative positions. In a Chapter 11 “reorganization” bankruptcy, the dealership retains its assets as a “debtor in possession” and remains open. As a last resort, there’s Chapter 7 bankruptcy, involving voluntary or involuntary liquidation.

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  • LIFO lessons learned

    May / June 2010
    Newsletter: Dealer Insights

    Price: $225.00, Subscriber Price: $157.50

    Word count: 643

    Abstract: Many auto dealerships use the last-in, first-out (LIFO) method of valuing their inventories of new and used vehicles, parts, and accessories. Typically, this costing method can save on tax bills. But, for dealers who end the year with inventories far below their normal levels (as was common in 2009), LIFO can be costly. To avoid a tax hit, it’s important to understand when to use LIFO and when to forgo it. This article looks at LIFO’s quirks and examines other common inventory accounting methods.

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  • Drawing an effective budget

    May / June 2010
    Newsletter: Dealer Insights

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1021

    Abstract: Some dealers may live without a budget, putting all their emphasis on sales goals and projections. But setting one’s sights on sales alone is wearing blinders. Realistic budgeting allows a dealer to pay bills, fund commitments and invest in new opportunities when the timing is right. A budget should reflect the business plan, and should include realistic projections of all expenses and revenue. A sidebar briefly discusses the importance of comparing the store’s actual income and expenses to its budgeted projections on a monthly basis.

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  • Construction Success Story – Contractor reaches for his slice of Recovery Act pie

    May / June 2010
    Newsletter: Contractor

    Price: $225.00, Subscriber Price: $157.50

    Word count: 436

    Abstract: A soft economy, as well as the prospect of snagging a piece of the American Recovery and Reinvestment Act (ARRA) pie, prompted a small midwestern contractor with little experience in government jobs to consider expanding into the public sector. While the lure of ARRA dollars was strong, he met with his financial advisor to determine whether an investment in government bidding could yield an appropriate return. Together, they developed a targeted approach.

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  • More and more contractors turn to lead services

    May / June 2010
    Newsletter: Contractor

    Price: $225.00, Subscriber Price: $157.50

    Word count: 444

    Abstract: In this tough economy, more and more contractors are turning to lead services to get the jump on competitors. There are three primary choices: a subscription-based service, a pay-per-lead service, or a database service. The first two are more economical. Yet those who are serious about using a lead service, and can afford to do so, might want to take a calculated risk and sign up for a database in order to quickly achieve more precise results. But due diligence is important.

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  • Don’t wait to get paid – How to build a good collection process from the ground up

    May / June 2010
    Newsletter: Contractor

    Price: $225.00, Subscriber Price: $157.50

    Word count: 693

    Abstract: Building a good collection process begins with developing a realistic payment plan and then including it in the job contract. Contractors must employ prompt and frequent follow-up to avoid giving the impression their bills can be given lower priority. This is not just an issue for accounts receivable staff; collections should be a companywide concern. As a last resort, it may be necessary to resort to a collection agency. But this might mean burning a bridge one may need to cross in the future, so the pros and cons of this harsh measure must be weighed carefully.

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  • Keeping your wheels on the road – Key aspects of fleet management

    May / June 2010
    Newsletter: Contractor

    Price: $225.00, Subscriber Price: $157.50

    Word count: 949

    Abstract: There’s no doubt that fleet management requires an investment of time and finances. But the long-term savings, decreased equipment downtime and better efficiency gleaned from the effort can be significant. One must begin by comparing savings and tax considerations in regard to buying equipment vs. renting it. Maintenance and antitheft issues must then be addressed. A contractor might also need to hire a dedicated fleet manager or outsource the duties to a fleet management company. A sidebar to this article shows how to prepare for the next tier of Environmental Protection Agency engine emissions regulations.

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  • Tax Tips – Have you reviewed your estate plan? – Courts give LLCs a boost – Now’s the time to restructure loans

    May / June 2010
    Newsletter: Tax Impact

    Price: $225.00, Subscriber Price: $157.50

    Word count: 473

    Abstract: This issue’s “Tax Tips” briefly discusses the importance of reviewing one’s estate plan in view of present uncertainty regarding estate tax law; recent court rulings in regard to whether limited liability companies (LLCs) can offset business losses against active income; and why now may be a good time to restructure a loan.

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  • Making sense of multistate taxation

    May / June 2010
    Newsletter: Tax Impact

    Price: $225.00, Subscriber Price: $157.50

    Word count: 545

    Abstract: To trigger a state’s income or sales and use taxes, a business must have a substantial connection — or nexus — with that state. Historically, that meant a physical presence in the state. But, in today’s digital age, most companies — even small ones — do business beyond their state’s borders, and cash-starved states are eyeing out-of-state businesses as potential revenue sources. Ever-changing rules regarding what constitutes nexus increase the risk that multiple states will attempt to tax the same income. Congress might act to establish uniform standards, but, in the meantime, it’s important that businesses review their activities in each state for potential tax liability.

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  • Cause and effect – The estate tax repeal also modifies carryover basis rules

    May / June 2010
    Newsletter: Tax Impact

    Price: $225.00, Subscriber Price: $157.50

    Word count: 799

    Abstract: How a person transfers assets can affect the recipient’s income tax liability because of the basis he or she receives. Basis is the cost associated with an asset — and, from an estate planning perspective, it’s important because it affects the amount of taxable gain or loss a beneficiary will realize should he or she sell the asset. But the 2010 estate tax repeal has temporarily modified the carryover basis rules. So is this the best time to transfer appreciated assets? The answer is that every person’s situation is unique.

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  • The Roth IRA: Should you convert?

    May / June 2010
    Newsletter: Tax Impact

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1119

    Abstract: Starting in 2010 anyone, regardless of income, can convert a traditional IRA to a Roth IRA. But even though this may present a golden opportunity for many taxpayers, it’s not right for everyone. From an income tax perspective, whether it makes sense to convert to a Roth IRA depends on whether the taxpayer is better off paying the tax now or later. It also depends on whether one needs to tap their IRA funds during retirement for living expenses; if not, Roth IRAs can make ideal estate planning vehicles. A sidebar lists several specific factors that may indicate whether one should or should not make the conversion.

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  • Guidance issued on valuation of partial interests

    May / June 2010
    Newsletter: Viewpoint on Value

    Price: $225.00, Subscriber Price: $157.50

    Word count: 524

    Abstract: After a six-year development period, the American Society of Appraisers (ASA) recently added a new procedural guideline to its Business Valuation Standards: PG-2 — Valuation of Partial Ownership Interests. Although not a binding standard, PG-2 offers valuable guidance to ASA members and other business valuators on this difficult and often controversial subject. This article looks at some of the highlights.

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