2011
Showing 49–64 of 649 results
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Why the value of exemption portability is limited
November / December 2011
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 1162
Abstract: One notable change to estate tax law is the “portability” of gift and estate tax exemptions. Now, when one spouse dies, the surviving spouse can take advantage of the deceased spouse’s unused exemption. This means avoiding gift and estate taxes and achieving a stepped-up basis for one’s children with minimal estate planning. But this article shows that, in most instances, portability is no substitute for traditional estate planning. Besides several other reasons discussed, portability doesn’t protect assets from creditors or avoid taxes on appreciation. But a sidebar notes that, if one chooses portability, an executor must make an election on a timely filed estate tax return.
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No prejudice – Eighth Circuit sidesteps quirky aspect of FMLA case
November / December 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 778
Abstract: When an employee misses work for an extended period because of an illness or injury, it can create many uncertainties for his or her employer — especially when questions of allowable leave under the Family and Medical Leave Act (FMLA) come into play. This article looks at one case that illustrates the dangers of an employer mishandling the critical details of FMLA leave. Hearst v. Progressive Foam Technologies, Inc., No. 10-1253, June 8, 2011 (8th Cir.)
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Final EEOC regulations change the meaning of “disability”
November / December 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 745
Abstract: The ADA Amendments Act of 2008 (ADAAA) significantly changed the Americans with Disabilities Act (ADA). This year the U.S. Equal Employment Opportunity Commission (EEOC) amended its regulations to harmonize with the ADAAA. This article shows how the final EEOC regs broaden the legal meaning of the word “disability” in ways every employer should know. Sutton et al. v. United Air Lines, Inc., No. 97-1943, June 22, 1999 (Supreme Court) Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, No. 00-1089, Jan. 8, 2002 (Supreme Court)
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Beware of the cat’s paw – Theory of subordinate bias looms large in ADEA case
November / December 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 882
Abstract: The “cat’s paw” theory holds that an employer can be held liable for the discriminatory conduct of a supervisor who contributes to a termination decision. In a recent case, one discharged employee invoked this theory, but the court rejected his plea because it decided he would have been fired regardless of the claimed animus. Nonetheless, this article highlights the danger of placing too much influence in the hands of lower-level supervisors. A sidebar looks at two additional examples of what could trigger liability under the cat’s paw theory. Simmons v. Sykes Enterprises, Inc., No. 09-1558, June 2, 2011 (10th Cir.) Staub v. Proctor Hospital, No. 09-400, March 1, 2011 (Supreme Court)
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Supreme Court doesn’t buy Wal-Mart workers’ case
November / December 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 589
Abstract: In June 2011, the U.S. Supreme Court issued its decision denying class certification for female Wal-Mart employees alleging gender bias. This was the largest civil rights class action lawsuit in U.S. history and represents a substantial victory for employers. But it hasn’t eliminated employment class action suits. This article examines the Court’s opinion and explains why plaintiff classes still have some options for bringing a class action lawsuit. Wal-Mart Stores v. Dukes, No. 10-277, June 20, 2011 (Supreme Court) United States v. City of New York, 683 F. Supp. 2d 225, 273, Jan. 13, 2010 (Eastern District of New York)
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Dealer Digest – Selling to the “concierge”
November / December 2011
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 422
Abstract: This issue’s “Dealer Digest” examines “concierge” car-buying services, which work to find the car a specific customer wants at the best price. It also discusses a dramatic rise in M&A activity among auto dealerships in the first seven months of 2011.
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A strong offense can ward off an IRS audit
November / December 2011
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 657
Abstract: To avoid an IRS audit, it’s important not to attract unfavorable IRS attention. Reviewers can’t audit every return, so they rely on key indicators to narrow the scope. This article lists a number of those indicators, such as the size of business loss deductions, receipts for meals and entertainment, and documentation for related-party receivables.
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Are your firewalls “up to code”?
November / December 2011
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 544
Abstract: A Dealer Management System (DMS) is a primary tool in the everyday operation of a dealership. But could it also give data thieves access to customers’ personal information? This article discusses how important it is that a dealer evaluate its DMS firewalls — the bundled software designed to prevent Internet intruders from accessing nonpublic information. The article looks at the FTC rule designed to protect customer information on a DMS, and how firewalls accomplish this.
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Revisiting what made CarMax big – Its strategies can work for you, too
November / December 2011
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 906
Abstract: This article examines what vaulted CarMax from start-up to retail giant — and which of its strategies might benefit any dealership. The article offers tips for implementing no-haggle pricing and other customer-centric strategies. A sidebar describes the success of CarMax in pleasing employees, too.
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Construction Success Story – Contractor practices preventive medicine with subs
November / December 2011
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 435
Abstract: This issue’s “Construction Success Story” discusses the case of a contractor who asked his financial advisor for some advice on selecting the right subcontractors for a new, big job. Picking the wrong ones could lead to costly delays — or even termination of the sub in question — which could mean paying attorneys’ fees, scrambling to complete or redo the work, and damaging the contractor’s good standing with the project owner. This article looks at the specific tips the advisor offered to avoid such consequences.
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Whip your WIP report into shape
November / December 2011
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 428
Abstract: If a construction company’s profitability is lagging or its surety seems a bit more hesitant than usual, there may be a number of things in need of doing. But one of the simplest is a reassessment of the business’s work-in-progress (WIP) report. The breadth of detail and accuracy of data in these critical documents can often suffer over time. This article shows how to make sure a WIP report is sufficiently comprehensive and includes all revenues and costs for each current and upcoming contract.
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Could pay-for-performance bonuses give you a boost?
November / December 2011
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 658
Abstract: For contractors who have either stopped offering bonuses to cut costs or no longer wish to hand out bonuses quite so freely, a performance-based bonus plan might be the answer. Such plans can motivate employees and align their efforts more closely with company goals — but they can be a challenge to set up. This article offers tips on tying bonuses to specific activities; how to pay for the program; and timing and quality issues.
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Out on the border – Avoiding multistate taxation missteps
November / December 2011
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 914
Abstract: For construction companies, crossing state lines for a project can boost the bottom line, but it can also mean dealing with new and complex tax issues. When determining a contractor’s tax eligibility, governments consider whether the company has “nexus” in their respective states, meaning that its presence there is significant enough to subject it to taxes. This article explains what activities trigger nexus, how states determine the amount of income tax owed, and what other taxes might be incurred. A sidebar discusses the usefulness of a nexus study to help answer such questions in advance.
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Tax Tips – Return required even for tax-exempt gifts – IRS to eliminate “high-low” method? – Watch out for charities that lose their exemption
November / December 2011
Newsletter: Tax Impact
Price: $225.00, Subscriber Price: $157.50
Word count: 508
Abstract: This issue’s “Tax Tips” explains that a gift tax return must be filed for all gifts that exceed the annual gift tax exclusion, even if no tax is owed. It looks at IRS intentions to discontinue the “high-low” method as an alternative for substantiating business travel expenses. And donors who wish to take advantage of charitable deductions should watch out for charities that lose their exemption.
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Lending to or borrowing from your company the right way
November / December 2011
Newsletter: Tax Impact
Price: $225.00, Subscriber Price: $157.50
Word count: 626
Abstract: It’s not unusual for owners of closely held businesses to move money into and out of the company for various purposes, and there are significant tax advantages to characterizing these transactions as loans. But to enjoy those advantages, it’s necessary to treat advances and withdrawals as bona fide loans and document them as such. This article shows how to do so.
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Why jointly owned property may not be a good idea
November / December 2011
Newsletter: Tax Impact
Price: $225.00, Subscriber Price: $157.50
Word count: 760
Abstract: Many well-meaning parents think they can avoid estate planning by simply jointly owning their property with their children. But this may not be such a good idea. For one thing, the value of the gift will be counted toward the parents’ lifetime gift/estate tax exemption. For another, the heir may owe capital gains tax if the property is sold. The transfer could even lead to a denial of Medicaid benefits down the road. This article explores the pitfalls.