July / August

Showing 481–496 of 560 results

  • Do your dependents qualify you for tax breaks?

    July / August 2009
    Newsletter: Planning for Prosperity / Wealth Management Advisor

    Price: $225.00, Subscriber Price: $157.50

    Word count: 790

    Abstract: When you’re doing your taxes, can you count your unemployed brother-in-law as a dependent? How about your live-in niece? IRS rules say that both of the above could qualify as a dependent, under the right circumstances. For federal tax purposes, it all depends on whether that person is your “qualifying child” or, in some cases, a “qualifying relative.” This article discusses some of the criteria that can help you determine whether a child or relative may give you a tax advantage.

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  • Estate Planning Red Flag – You’re planning required minimum distributions from your retirement accounts

    July / August 2009
    Newsletter: Estate Planner

    Price: $225.00, Subscriber Price: $157.50

    Word count: 410

    Abstract: If you’re planning to take required minimum distributions (RMDs) at the end of this year from your IRA, 401(k) or other tax-deferred retirement-savings account, check with your tax and estate planning advisors first. Under a tax law passed late last year, you may be able to skip RMDs this year. This short article discusses the law’s provisions.

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  • What are these assets worth? Valuation is critical to your estate plan

    July / August 2009
    Newsletter: Estate Planner

    Price: $225.00, Subscriber Price: $157.50

    Word count: 543

    Abstract: If you make substantial noncash gifts or charitable donations, it’s critical to have the property valued by a qualified appraiser to protect you against IRS challenges that could result in some unpleasant tax surprises. This article discusses steps you should take to avoid an IRS challenge that could result in penalties as high as 40% of an asset’s value.

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  • Do-it-yourself estate planning can lead to costly mistakes

    July / August 2009
    Newsletter: Estate Planner

    Price: $225.00, Subscriber Price: $157.50

    Word count: 802

    Abstract: If you’re interested in preparing your own estate plan, there’s no shortage of software, how-to books, preprinted forms and online services to assist you. Do-it-yourself (DIY) estate planning may save you a few hundred dol¬lars, or even a few thousand dollars, up front. But except in the simplest cases, the risk of unintended results or costly disputes is too great to justify the initial savings. This article looks at one hypothetical example, and one real-life court case, to show why.

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  • It’s time to make gifts – The struggling economy may allow you to save gift and estate taxes

    July / August 2009
    Newsletter: Estate Planner

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1052

    Abstract: Estate planning opportunities are a silver lining among today’s dark economic clouds. Depressed asset values and low interest rates may allow you to gift more to your loved ones at a significant gift tax savings, removing substantial wealth from your taxable estate. Some of the most effective gifting strategies involve the use of trusts. Or you might transfer interests in a family business or other closely held company using a family limited partnership (FLP) or a family limited liability company (FLLC). But, as a sidebar explains, Congress is considering new restrictions on FLPs and FLLCs. Also, when gifting property, you will need to consider income taxes as well as gift and estate taxes.

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  • Estate wins the discount war

    July / August 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 623

    Abstract: In Estate of Litchfield v. Commissioner, the Tax Court generally accepted the estate’s proposed valuation discounts because the estate’s expert’s methods were more precise and relied on more recent, company-specific data. The article and an accompanying chart show the differences between the estate’s and the IRS’s discounts and why the court sided mostly with the estate.

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  • In valuation, timing is everything

    July / August 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 476

    Abstract: The valuation date can have an enormous impact on value, particularly for assets such as stock, whose valuations can fluctuate dramatically, literally overnight. Learn how the valuation date is especially important in estate planning, divorce settlements, and shareholder litigation.

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  • Nonqualified deferred compensation – Independent appraisals offer protection against 409A challenge

    July / August 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1174

    Abstract: Businesses that provide employees with stock options, stock appreciation rights (SARs) and other types of nonqualified deferred compensation have been subject to Internal Revenue Code Section 409A for years. As you can imagine, compliance is particularly challenging in the current economic environment. To avoid Sec. 409A problems, options and SARs must be issued at or above fair market value, so accurate valuations are critical. It’s important to know what Sec. 409A requires and how to establish fair market value. Three “presumptive” valuation methods are discussed.

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  • Damage control – Surviving a business interruption

    July / August 2009
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1175

    Abstract: Whether it’s minor, such as a lightning strike that shuts down production for a day, or major, such as a lengthy labor strike, a business interruption not only reduces income, but also simultaneously creates new expenses. The key to surviving a business interruption is to restore normal operations as quickly as possible. Insurance plays a critical role. This article explains business interruption insurance, how to file a claim, what to do to mitigate loss, and how to establish a loss period. A sidebar addresses scope-of-coverage issues.

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  • Acting in good faith at question in FLSA case

    July / August 2009
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 568

    Abstract: A five-restaurant chain failed to pay overtime to employees whose weekly hours totaled more than 40 when working at more than one location. When the case went to court, the owners claimed they weren’t aware that they owed overtime pay. And so arose the case of Chao v. Barbeque Ventures LLC, in which the Eighth Circuit had to decide whether those owners had acted in good faith to meet the requirements of the Fair Labor Standards Act. Chao v. Barbeque Ventures, LLC, 547 F.3d 938 (8th Cir. 2008) Goldberg v. Kickapoo Prairie Broadcasting Co., 288 F.2d 778 (8th Cir. 1961)

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  • The Family and Medical Leave Act – Think twice before firing someone on qualified leave

    July / August 2009
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1113

    Abstract: In Martin v. Brevard County Public Schools, the Eleventh Circuit decided whether a hire was eligible for leave under the Family and Medical Leave Act (FMLA). The employee took the leave as scheduled, but the district notified him that it wouldn’t renew his contract because he hadn’t completed a required performance improvement plan. He sued, alleging interference with his FMLA rights and retaliation for taking leave. In this case, the employee won the right to go to trial. But a sidebar illustrates a different case in which an employee’s argument was rejected. Martin v. Brevard County Pub. Sch., 543 F.3d 1261 (11th Cir. 2008) Bass v. Lockheed Martin Corp., 287 Fed. Appx. 808 (11th Cir. 2008)

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  • Did employee’s cooperation lead to employer’s retaliation?

    July / August 2009
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 554

    Abstract: One of the stated purposes of Title VII is to protect workers from employment retaliation. But does its protection extend to employees who are fired after they cooperate with an employer’s discrimination investigation — even though they themselves didn’t initially complain of the discrimination at issue? This was the question in one case before the U.S. Supreme Court. Crawford v. Metro. Gov’t of Nashville & Davidson County, 129 S. Ct. 846 (U.S. 2009)

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  • New wage bias act reverses Supreme Court’s Ledbetter decision

    July / August 2009
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 797

    Abstract: The new Lilly Ledbetter Fair Pay Act reverses the Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co. The new act permits employees to file charges within 180 or 300 days after each instance of receiving compensation based on discriminatory motives (as opposed to the same period after first discovering they’d been discriminated against). This article discusses the particulars of the case, while a sidebar uses a different case to show that, while the Ledbetter Act may open the door to more lawsuits, it doesn’t ease the actual criteria in proving them. Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (U.S. 2007) Virgona v. Tufenkian Import-Export Ventures, Inc., 2008 U.S. Dist. LEXIS 72139 (S.D.N.Y. 2008)

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  • Construction Law Quickcase – Roofers Edge v. Standard Building – Existential defense costs general contractor dearly

    July / August 2009
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 275

    Abstract: As lines of credit tighten, parties who find themselves unable to fulfill their payment responsibilities may turn to desperate, sometimes even bizarre, measures to escape their obligations. One company that tried to deny that it had even contracted with the plaintiff ended up paying more than twice what the work would have cost in the first place.

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  • Failure to negotiate dooms damage limitation clause

    July / August 2009
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 502

    Abstract: In boilerplate professional service contracts, architects and engineers insert clauses limiting their liability for professional errors and omissions to the amount of their fees under the contract. But the ability to enforce these provisions when a professional error or omission causes losses substantially exceeding that professional fee varies from state to state. A recent California case, Greenwood v. Murphy, illustrates one sticking point regarding this matter — a failure to negotiate.

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  • Fill in the blank: The dangers of preprinted legal docs

    July / August 2009
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 478

    Abstract: Reliance on preprinted legal forms without consulting a knowledgeable construction lawyer can prove costly, as illustrated by the recent Kansas case Buchanan v. Overley.

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