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Showing 1–16 of 31 results
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Beware of the corporate opportunity doctrine
November / December 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 428
Abstract: Under the corporate opportunity doctrine, an agent of a corporation can’t divert or exploit for the agent’s own benefit an opportunity that’s the principal’s opportunity. This article summarizes a recent case in which a New York trial court found the majority owners of a successful sports bar misappropriated a “corporate opportunity” when they used lease buyout proceeds to relocate the bar and start a new corporation to run it. O’Mahony v. Whiston, No. 652621/2014. (N.Y. Cty., Feb. 15, 2023).
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IRS audits may be set to increase
Fall 2021
Newsletter: Management & Tax Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 428
Abstract: The Biden administration’s tax proposals include an additional $80 billion in funding for the IRS. Given the prospect of increased IRS enforcement activity in the future, this short article explains that now’s a good time for businesses to work with their accounting and tax advisors to be sure their books and records are complete and accurate.
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FASB proceeds with guidance on gifts in kind
Fall 2020
Newsletter: Nonprofit Observer
Price: $225.00, Subscriber Price: $157.50
Word count: 428
Abstract: Many nonprofits rely on contributions of nonfinancial assets, such as fixed assets (land, buildings, equipment), services, and materials and supplies. New rules from the FASB are intended to increase transparency around such donations. This article discusses the new standard on handling gifts-in-kind donations, which was released in early 2020 and finalized in June. Key provisions of the standard are highlighted.
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Congress resurrects energy-efficient tax breaks
May / June 2020
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 428
Abstract: The massive federal spending bill enacted in late 2019 renews a potentially valuable energy-efficiency tax credit and a deduction that had expired at the end of 2017. The renewal is retroactive to 2018, so, for real estate professionals who qualified for the credit or deduction for that year, this article looks at whether it’s worthwhile to file an amended tax return.
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Don’t let your tax obligations for statutory employees fall through the cracks
Year End 2019
Newsletter: Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 428
Abstract: Many businesses work with outside contractors. Statutory employees are in a category that falls somewhere between employee and independent contractor. Whether workers are considered statutory employees can have a significant impact on certain tax obligations. This article explains the criteria the IRS uses to classify employees as statutory and discusses the potential tax impact for employers.
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Why a kit bag doesn’t qualify for trade dress protection
August / September 2017
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 428
Abstract: Some product features are ornamental and others are functional. One manufacturer recently learned that the hard way. This short article reviews a decision from the Seventh Circuit Court of Appeals finding that a bag’s design and shape were functional — and therefore not protected as trade dress. Arlington Specialties, Inc. v. Urban Aid, Inc., No. 14-3416, Jan. 27, 2017 (7th Cir.)
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How private foundations can avoid accusations of self-dealing
Summer 2017
Newsletter: Nonprofit Observer
Price: $225.00, Subscriber Price: $157.50
Word count: 428
Abstract: Conflict-of-interest policies are critical for all nonprofits. But private foundations are subject to stricter rules and must go further to avoid anything that might be perceived as self-dealing. This article describes prohibited activities and whom the IRS considers “disqualified” persons.
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Get smart: Relationship intelligence for law firms
Summer 2017
Newsletter: Law Firm Management
Price: $225.00, Subscriber Price: $157.50
Word count: 428
Abstract: New business is the lifeblood of every law firm, but few attorneys enjoy cold-calling. Firms with effective relationship intelligence systems, however, have a leg up on the competition. This article describes some ways law firms can use relationship intelligence to create profitable relationships among colleagues and clients.
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News for Nonprofits – Female execs still earn less than males
April / May 2017
Newsletter: Nonprofit Agendas
Price: $225.00, Subscriber Price: $157.50
Word count: 428
Abstract: This issue’s “News for Nonprofits” reports on study findings that female executives at nonprofits still earn less than their male counterparts and that smartphones are playing a revved-up role in working with refugees. The feature also highlights a report comparing “human services” organizations’ fundraising with other charities’ and how technology-related nonprofits are getting priced out of a key market.
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Beware of the “kiddie tax” trap
February / March 2017
Newsletter: Trendlines
Price: $225.00, Subscriber Price: $157.50
Word count: 428
Abstract: Making gifts to children and grandchildren is a strategy sometimes used to reduce taxes. Doing so may shift a person’s income into a lower tax bracket and remove assets from his or her taxable estate. But those who employ this strategy should beware of a hidden tax sometimes called the “kiddie tax.” This article explains the tax and offers strategies to stay clear of it.
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Beware of the “kiddie tax” trap
Winter 2017
Newsletter: Management & Tax Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 428
Abstract: Making gifts to children and grandchildren is a strategy sometimes used to reduce taxes. Doing so may shift a person’s income into a lower tax bracket and remove assets from his or her taxable estate. But those who employ this strategy should beware of a hidden tax sometimes called the “kiddie tax.” This article explains the tax and offers strategies to stay clear of it.
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How to estimate reasonable owners’ compensation
November / December 2016
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 428
Abstract: The issue of reasonable compensation often comes up in federal tax inquiries. But it may also be an issue in shareholder disputes and divorce cases. This article identifies factors to consider and reliable sources of comparable compensation data that valuation professionals consider when estimating reasonable owners’ compensation.
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Stock appreciation: Is it a marital asset?
Summer 2016
Newsletter: Expert / Valuation & Litigation Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 428
Abstract: Recently, a Florida court considered whether the appreciation of stock in a company where a husband worked was a marital asset. The outcome hinged on whether the husband had exerted the active effort that’s required to move appreciation to the marital category. As this article explains, the court decided that he didn’t have the necessary authority to do so.
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Why you need to formalize your retirement plan policy
Winter 2016
Newsletter: Auto Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 428
Abstract: When a dealership offers a retirement plan to employees, it has certain fiduciary responsibilities as the plan’s sponsor. This article explains the benefits of having an investment policy statement in place. It also discusses the advantages of having an additional educational policy statement for the dealership’s retirement plan.
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Blocked! Court finds doggy jerseys obvious
October / November 2014
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 428
Abstract: After a souring of the business relationship between the holder of a patent on a design for a football jersey for dogs and a retailer of licensed pet jerseys, the retailer hired another supplier. The patent holder sued for infringement. The district court dismissed the case before trial, finding that the design patent was invalid as obvious. This article explains how courts analyze the obviousness of a design patent and why the appeals court sided with the retailer. MRC Innovations, Inc. v. Hunter Mfg., No. 2013-1433, April 2, 2014 (Fed Cir.)
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ITT Corp. v. Xylem Group, LLC – When are hypothetical royalty damages reasonable?
July / August 2014
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 428
Abstract: This brief case study focuses on a recent decision in ITT Corp. v. Xylem Group, LLC, where the court concluded that reasonable royalty damages are available to plaintiffs in trademark infringement cases. It rejected the argument that these damages are available only to plaintiffs that can show an established royalty rate based on an actual license agreement. ITT Corp. v. Xylem Group, LLC, No. 1:11-cv-03669-WSD (N.D. Ga. 08/05/2013)