2011
Showing 161–176 of 649 results
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Sec. 179 expensing – You may qualify for extra expense deductions
September / October 2011
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 455
Abstract: Tax law changes passed last year opened the doors for some major tax savings on 2011 business purchases. Under the temporary modifications to Section 179 expensing rules, one might be able to deduct — rather than depreciate over a number of years — costs related to qualified leasehold-improvement, restaurant and retail-improvement property. The article explains what’s included in these three forms of property, along with the deduction amounts that apply.
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A GRAT can be a great way to transfer a business
September / October 2011
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 979
Abstract: A grantor retained annuity trust (GRAT) can help a business owner minimize gift and estate tax liability associated with transferring ownership interests while retaining an income stream for a specified period of time. And it may be particularly powerful in the current economic environment, where the lifetime gift tax exemption is high and the value of a business may be lower than it was a few years ago. This article describes the nuts and bolts of this irrevocable trust, along with IRS rules on the trust instrument used to create a GRAT. A sidebar compares a GRAT with a grantor retained unitrust (GRUT) and grantor retained income trust (GRIT).
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ACFE survey provides insights on fraud prevention and detection
September / October 2011
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 352
Abstract: The Association of Certified Fraud Examiners (ACFE) has expanded its biennial fraud survey to include fraud cases in over 100 nations. This brief article lists a few of its conclusions in regard to who’s committing fraud, how much it’s costing, and how to deter fraud perpetrators.
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How do you value a startup company?
September / October 2011
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 649
Abstract: Established businesses have track records of earnings and cash flow that can be used to predict future financial performance. But, for a business without such a track record, a valuator must look to other factors, many of them subjective, to estimate value. This article discusses some of the most important predictors of future success.
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1 + 1 = 2 – How calculation engagements can provide an indication of value
September / October 2011
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 842
Abstract: Preparing a formal valuation for a client requires much work on the part of the appraiser. It can, therefore, be costly. But in many situations, a full-blown valuation isn’t necessary. That’s when an appraiser might suggest using a calculation of value instead. This article provides an overview of the difference between valuations and calculations and when it’s most advantageous to use a calculation of value.
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Defense damages experts – Developing a winning strategy
September / October 2011
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 1029
Abstract: In cases involving monetary damages, a critical strategic decision for the defense is whether to engage a damages expert. It may seem inadvisable to let the plaintiff’s damages calculations go uncontested, but presenting one’s own damages evidence can send mixed signals to the jury, particularly if liability is being denied. This article lists three options the defense has, and looks at two cases that illustrate the potential risks and rewards of challenging the plaintiff’s damages expert without presenting an alternative damages estimate. Citation: FMS, Inc. v. Volvo Construction Equipment North America, Inc., 2007 U.S. Dist. LEXIS 19517 (N.D. Ill. 2007) [Quoting Empire Gas Corp. v. American Bakeries Co., 840 F.2d 1333, 1242 (7th Cir. 1988)]; FMS, Inc. v. Volvo Construction Equipment North America, Inc., 2009 U.S. App. LEXIS 4938 (7th Cir. 03/04/2009); Sossikian v. Ennis, No. A119693 (Cal. App. Dist. 1 07/16/2009)
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Estate Planning Red Flag – You have an interest in or authority over a trust that holds foreign accounts
September / October 2011
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 277
Abstract: During the last few years, the IRS has stepped up its enforcement of the Report of Foreign Bank and Financial Accounts (FBAR) rules. To discourage taxpayers from hiding foreign accounts, these rules require U.S. citizens, residents and entities to file annual returns disclosing financial interests in, or signature authority over, foreign bank and investment accounts with an aggregate value of more than $10,000. This article explains who is subject to FBAR reporting requirements and the kinds of interests that must be disclosed.
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Take care of a loved one who has special needs with an SNT
September / October 2011
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 739
Abstract: Special needs trusts (SNTs) benefit children or other family members with a disability that requires extended-term care or that prevents them from being able to support themselves. This trust type can provide peace of mind that a loved one’s quality of life will be enhanced while not disqualifying him or her for Medicaid or Supplemental Security Income (SSI) benefits. This article examines what an SNT can and cannot pay for, and explains the language that it should contain to ensure it doesn’t disqualify the beneficiary from government benefits and will protect the assets against creditors’ claims.
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Shopping for tax savings – Relocating a trust to a tax-friendly state
September / October 2011
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 625
Abstract: If a trust is subject to high state income taxes, it may be possible to change its residence — or “situs” — to a state with low or no income taxes. But not all trusts are the same — nor are state laws. This article explains which types of trusts may be good candidates for relocation, along with the factors that states use in determining a trust’s state of “residence” for tax purposes. It also discusses the steps involved in moving a trust.
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Pension payouts: What’s the best option?
September / October 2011
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 929
Abstract: One tough decision that retirees face is choosing the best option for receiving payouts from a pension plan. Would a lump-sum payment be the best option, or would it be better to go with an annuity? If the latter, is it better to go with single life or joint life? What about combining a single-life pension payout with a life insurance policy? As this article explains, the answers depend on such factors as the beneficiary’s and spouse’s actuarial life expectancies, current health conditions and family medical histories, along with current financial needs and the possible desire to provide a spouse with a continuing source of current income. A sidebar shows how a breakeven analysis can assist the decision-making process.
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Employer, pregnant worker clash over frequent absences
September / October 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 592
Abstract: Work/life balance is an important human resources concept. But when an employee tips the scales more toward “life” than “work,” conflicts may arise. This article looks at the case of a newly employed pregnant woman who was not yet eligible for leave under the Family and Medical Leave Act (FMLA), but who took frequent absences. She claimed that her termination was a “constructive discharge” in violation of Title VII of the Civil Rights Act. Trierweiler v. Wells Fargo Bank, No. 10-1343, April 8, 2011 (8th Cir.)
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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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Don’t go easy – ADA case reveals risk of lenient performance evaluations
September / October 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 646
Abstract: Employers that accommodate a worker under the Americans with Disabilities Act (ADA) may feel obliged to “go easy” on that employee during performance evaluations. But, as revealed in one case, failing to exercise objectivity in a job review could leave the employer vulnerable in a lawsuit. A disabled employee with good performance reviews obtained a new position in her agency. She was then judged to be error-prone and was terminated within the probationary period. Was she the victim of discrimination, or had she earlier received lenient evaluations? This article examines the court’s ruling. Whitfield v. State of Tennessee, No. 09-6488, March 25, 2011 (6th Cir.)
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Volunteer or employee? Golf coach looks for overtime green in FLSA case
September / October 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 873
Abstract: Teachers or other staff members will often take on additional leadership duties, but it’s long been a contentious matter as to whether the Fair Labor Standards Act (FLSA) should cover these volunteers. In one case, a school board employee served as the golf coach at a district high school and was paid a stipend. Following a Department of Labor guidance letter, the board decided to continue allowing nonexempt employees to coach but discontinued its policy of paying overtime. The employee sued. This article discusses the court’s ruling, while a sidebar looks at whether for-profit businesses qualify for an FLSA exemption in regard to interns. Purdham v. Fairfax County School Board, No. 10-1048, March 10, 2011 (4th Cir.)
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Dealer Digest – Repeal of the expansion of Form 1099 reporting
September / October 2011
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 422
Abstract: This issue’s “Dealer Digest” looks at the repeal of legislation that would have required significant expansion of Form 1099 reporting; improved opportunities for auto loan financing, although the subprime market is lagging; and some innovative sales techniques Down Under.
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Is it a maintenance expense or a capital improvement?
September / October 2011
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 420
Abstract: If a dealer puts on a new roof, tiles the showroom floor or makes cosmetic changes, is it a maintenance expense that can be fully deducted on the 2011 tax return or a capital improvement that must be depreciated over a longer period? The wrong approach may mean more money now but trouble with the IRS later. This article notes that the IRS is looking at this area with increased scrutiny, and gives examples of projects that the agency regards as capital improvements.