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Showing all 14 results
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Independent contractor or employee: What’s the current test?
Winter 2022
Newsletter: Nonprofit Observer
Price: $225.00, Subscriber Price: $157.50
Word count: 752
Abstract: With a labor shortage and COVID-19-related budget crunches, some nonprofits have turned to freelancers and contractors to fill staffing gaps. But are those individuals actually employees? Employers that misclassify workers can face harsh consequences, so it’s important to know the proper standard. This article reviews the status of the rule after a Trump administration revision failed to take effect, and the test as it currently exists under U.S. Supreme Court and Department of Labor rules. A short sidebar looks at the IRS approach to worker classification.
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Independent contractor or employee: What’s the current test?
Year End 2021
Newsletter: Nonprofit Agendas
Price: $225.00, Subscriber Price: $157.50
Word count: 752
Abstract: With a labor shortage and COVID-19-related budget crunches, some nonprofits have turned to freelancers and contractors to fill staffing gaps. But are those individuals actually employees? Employers that misclassify workers can face harsh consequences, so it’s important to know the proper standard. This article reviews the status of the rule after a Trump administration revision failed to take effect, and the test as it currently exists under U.S. Supreme Court and Department of Labor rules. A short sidebar looks at the IRS approach to worker classification.
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The art of estate planning – An art collection is a special asset to account for in an estate plan
February / March 2021
Newsletter: Insight on Estate Planning
Price: $225.00, Subscriber Price: $157.50
Word count: 752
Abstract: It goes without saying that an art collection, including paintings, sculptures and other pieces of art, can represent a significant portion of a person’s estate. Thus, it’s critical to account for these assets in their estate plan. This article stresses the importance of having one’s art collection valued by a professional valuator and lists three options available for incorporating art into an estate plan.
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Social media risks shouldn’t be ignored
Fall 2013
Newsletter: Community Banking Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 752
Abstract: In recent years, many banks have begun to use Facebook, Twitter, LinkedIn and other social media platforms to interact with customers and prospects and to market their products and services. But the opportunities these platforms provide also come with significant risks. So it’s critical to develop a plan for managing these risks. This article discusses the operational, reputational, and compliance and legal risks and lists steps for mitigating them. A sidebar notes the danger posed by file-sharing apps.
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Murky waters – Distinguishing between an investor and a dealer for tax purposes
March / April 2013
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 752
Abstract: Someone who deals with real estate transactions on a regular basis may wonder why it’s necessary to make the distinction between being an “investor” as opposed to a “dealer.” But that distinction is key in the eyes of the IRS and can have a significant impact on one’s tax bill. This article discusses why, and explains how the IRS and the courts distinguish between an investor and a dealer for tax purposes.
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Pension planning — Start thinking about payouts now
Year End 2012
Newsletter: Trendlines
Price: $225.00, Subscriber Price: $157.50
Word count: 752
Abstract: The traditional pension may seem like a thing of the past, but one survey indicates that more than half of workers are still counting on payouts from one of these “defined benefit” plans in retirement. But should one take a lump sum payout or an annuity? If the latter, should it be a single-life or joint-life annuity? This article describes these options and the factors to consider when choosing one.
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Drawing the line on customer abuse of employees
September / October 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 752
Abstract: There’s a saying: “The customer is always right.” But, when it comes to employee discrimination and harassment at the hands of customers, this isn’t true. This article looks at a case in which an aide at a care center was repeatedly harassed by a resident. But, when she called him a profanity, she was fired by an administrator who was unaware of her complaints about the resident. Aguiar v. Bartlesville Care Center, No. 10-5002, April 18, 2011 (10th Cir.)
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Are you savvy about F&I employee fraud?
January / February 2011
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 752
Abstract: Many crimes can originate in the finance and insurance (F&I) department if owners aren’t aware of the possible F&I schemes. This article shows how to be on guard against employee cost-padding scams, illegitimate financing approval ploys, and ruses that take advantage of customers with low credit scores. A brief sidebar emphasizes the importance of training employees to know what constitutes unethical practices and that transgressors will face serious consequences.
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The nuts and bolts of impairment testing
November / December 2010
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 752
Abstract: In today’s tumultuous economy, many companies have been forced to report impairment losses in accordance with Generally Accepted Accounting Principles. This article explains how valuators test for impairment, briefly describing several Financial Accounting Standards Board (FASB) statements and their implications for reporting both tangible and intangible asset impairment. The article notes that impairment testing is designed to give investors, lenders and other stakeholders fair warning of impending financial troubles and other problems as well as to fairly state balance sheet values.
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Single price quote supports $10 million lost profits award
July / August 2010
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 752
Abstract: A U.S. Court of Appeals affirmed a jury award of nearly $10 million in lost profits. Notably, the plaintiff’s damages expert based his calculation on a single price quote by the plaintiff that had never been accepted by the defendant. This case confirms that companies are entitled to compensatory damages not only for designs and other confidential information they develop, but also for the profits their intellectual property is expected to generate.
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Claims settlement – You can’t win if you’re not in the game
November / December 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 752
Abstract: Failing to take part in the legal process can leave a party bereft of any potential recourse. In one recent case, a financially strapped subcontractor, being sued for expenses related to poor work, stopped paying its lawyers and failed to participate any further in the case. A settlement had already been paid to the owner by the general contractor — and the subcontractor might normally have been allowed to set this amount off against any recovery against it. But because the subcontractor was in default — and offered no evidence or argument regarding the comparative degree of fault of itself vs. the general contractor — it wasn’t allowed any setoff.
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What you can do when participants really need their money
June / July 2009
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 752
Abstract: Money isn’t locked away as tightly within their retirement accounts as plan participants think it is. They can take a few different routes to gain access to the money in their account before the age of 59½, while still actively participating in the plan. This article examines two of the most convenient: participant loans and hardship withdrawals.
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Perils and pitfalls abound – Selling investment property to your offspring
March / April 2009
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 752
Abstract: A perennial challenge for real estate investors is how to transfer property to their heirs in the most tax-advantaged way while also maintaining control of the property and its income stream. The IRS pays special attention to transactions among family members and generally assumes that any transfer among them is really a gift. Whether a transfer is considered a gift or a sale can have significant tax consequences for both parties involved. This article explains how to structure the transaction in a manner that suits the IRS.
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Saving for college: Study your options and plan ahead
October / November 2008
Newsletter: Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 752
Abstract: Costs for college tuition and related expenses continue to soar. In fact, tuition and fees rose an average 2.9% after inflation for private four-year colleges, and 4.4% for public four-year institutions annually during the past decade, according to a 2007 College Board report. Such reports should light a fire under parents who are dragging their feet when it comes to saving for college. This article looks at some options that may help you reach your goals — financially and academically.