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Showing 1–16 of 22 results
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Avoiding excess benefit transactions – The pitfalls of dealing with disqualified persons
Year End 2023
Newsletter: Nonprofit Agendas
Price: $225.00, Subscriber Price: $157.50
Word count: 843
Abstract: The IRS has released new guidance on excess benefit transactions (EBTs). So-called disqualified persons and organization managers who engage in such transactions with nonprofits face stiff excise taxes — also known as intermediate sanctions — under the Internal Revenue Code. But not every transaction between disqualified persons and nonprofits is prohibited. This article reviews what nonprofit organizations need to know.
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Court schools trademark holder – Nearly identical trademark doesn’t infringe
Year End 2023
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 843
Abstract: Judicial findings regarding trademark infringement tend to turn largely on the similarity — or dissimilarity — of the two marks at issue. But significant similarity is no guarantee that a trademark holder will prevail in court. This article looks at a decision from the U.S. Court of Appeals for the Tenth Circuit that upheld a lower court’s noninfringement judgment in a dispute involving two almost identical education-related marks. A short sidebar covers why the court rejected a proposed presumption of confusion. Source: M Welles & Assocs., Inc. v. Edwell, Inc., No. 22-1248 (10th Cir. May 31, 2023).
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Can beneficiaries borrow from a trust?
March / April 2021
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 843
Abstract: Interest rates remain extremely low, enhancing the benefits of intrafamily loans. These loans allow a person to provide financial assistance to loved ones while potentially reducing gift and estate taxes. But what about families that lack the liquid assets to make such loans? One lesser-known possibility is for trust beneficiaries to borrow money from a trust. This article explains the benefits of intrafamily loans and details why a trust loan may be more advantageous. A sidebar provides a scenario where an intrafamily loan can result in reduced taxes.
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R.D. Clark & Sons – Tax-affecting debate continues
July / August 2020
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 843
Abstract: For decades, business valuation experts and the IRS have been at odds regarding the practice of “tax affecting” the earnings of pass-through entities. This article summarizes a recent Connecticut appellate court decision on this issue, which highlights both sides of the debate — and the importance of considering the facts of the specific case. A sidebar discusses an apparent softening of the U.S. Tax Court’s stance on this matter. R.D. Clark & Sons, 194 Conn. App. 690 (2019) Estate of Jones, TC Memo 2019-101, August 19, 2019 Gross v. Commissioner, T.C. Memo. 1999-254, aff’d. 272 F. 3d 333 (6th Cir. 2001), cert. denied, 537 U.S. 827 (2002)
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R.D. Clark & Sons – Tax-affecting debate continues
July / August 2020
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 843
Abstract: For decades, business valuation experts and the IRS have been at odds regarding the practice of “tax affecting” the earnings of pass-through entities. This article summarizes a recent Connecticut appellate court decision on this issue, which highlights both sides of the debate — and the importance of considering the facts of the specific case. A sidebar discusses an apparent softening of the U.S. Tax Court’s stance on this matter. R.D. Clark & Sons, 194 Conn. App. 690 (2019) Estate of Jones, TC Memo 2019-101, August 19, 2019 Gross v. Commissioner, T.C. Memo. 1999-254, aff’d. 272 F. 3d 333 (6th Cir. 2001), cert. denied, 537 U.S. 827 (2002)
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Kiddie tax: New hazards, new opportunities
July / August 2018
Newsletter: Planning for Prosperity / Wealth Management Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 843
Abstract: Under the new tax law, children with unearned income may find themselves in a higher tax bracket than their parents. At the same time, the law creates new opportunities for family income shifting. This article outlines one strategy for higher-income families. A sidebar explains that, starting in 2018, 529 plan funds can be used to pay elementary and secondary school as well as college expenses.
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Insurance: Do you have adequate coverage?
July / August 2018
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 843
Abstract: Auto dealerships are legally required to carry certain types of insurance to operate in most states. This article can help a dealership sort through the three main types of insurance for them: garage liability, physical damage and workers’ compensation. A sidebar on the co-insurance penalty provides some insight into that punitive measure.
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Insurance: Do you have adequate coverage?
Summer 2018
Newsletter: Auto Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 843
Abstract: Auto dealerships are legally required to carry certain types of insurance to operate in most states. This article can help a dealership sort through the three main types of insurance for them: garage liability, physical damage and workers’ compensation. A sidebar on the co-insurance penalty provides some insight into that punitive measure.
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REIT this way – New landscape for real estate investment trusts (REITs)
March / April 2017
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 843
Abstract: The PATH Act was signed into law in late 2015, so most investors have had time to review how it will affect their portfolios. This article offers a summary of several provisions that provide tax benefits for REITs. A sidebar looks at PATH Act changes to FIRPTA that could make REITs more appealing to foreign investors.
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Determining your life insurance needs
Year End 2015
Newsletter: Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 843
Abstract: When it comes to life insurance, it’s critical that the buyer know how it works and what it really accomplishes. This article offers tips on how to calculate the coverage and determine whether it requires term vs. permanent insurance. A sidebar offers tips on the tax impact of life insurance.
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Year end notices: Staying on top of the requirements
October / November 2015
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 843
Abstract: As the turn of the calendar year nears, annual notices should be on the minds of most plan sponsors. For plans using the calendar year, numerous notices are due to be given in the next few months. This article highlights some of the notices that must be sent to either participants, the IRS or the DOL in the next three months.
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Why retirement plan committees are a best practice
June / July 2015
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 843
Abstract: Having a retirement plan committee isn’t a legal requirement for plan sponsors. However, it’s considered a best practice. In the absence of a committee, by default the corporation itself becomes a fiduciary — an amorphous proposition. This article discusses when to consider forming a committee.
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Playing it safe – Are there holes in your online-banking security controls?
Winter 2015
Newsletter: Community Banking Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 843
Abstract: While most banks have taken steps to secure their systems against hackers and other external threats, many remain vulnerable to one of the most common fraud techniques: compromising customers’ login credentials to obtain unauthorized access to their online accounts. This article notes that many traditional protections have lost effectiveness, but describes some extra precautions banks can take to protect themselves and their customers. In emphasizing the importance of this matter, a sidebar notes two recent studies that attempt to quantify the potential losses stemming from data breaches.
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How a trust qualified for an exception to PAL rules
November / December 2014
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 843
Abstract: In a favorable decision for trusts that hold real estate assets, the U.S. Tax Court has held that such a trust qualified for the real estate professional exception and was therefore exempt from the limitations on passive activity losses (PALs). The court’s holding also means the trust can avoid the new 3.8% net investment income tax (NIIT) that applies to passive activity income. This article discusses how the Tax Court held that the activities of the trustee employees should be considered, noting that trustees aren’t relieved of their duties of loyalty to beneficiaries just because they conduct activities through a corporation wholly owned by the trust. A sidebar explains why two trustees’ minority interests didn’t undermine the trust’s material participation in the real estate operations.
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Prepare now for ACA play-or-pay compliance
Spring 2014
Newsletter: Profitable Solutions for Nonprofits
Price: $225.00, Subscriber Price: $157.50
Word count: 843
Abstract: The Affordable Care Act’s (ACA’s) shared-responsibility provision, commonly referred to as “play or pay” — requiring that “large” employers offer their employees affordable health insurance or pay a penalty — has been delayed until 2015. But that means that now is the time for nonprofits to determine what it will mean for their bottom line. This article explains who qualifies as a large employer and how “affordable” is defined. A sidebar discusses how smaller nonprofits can qualify for the Small Business Health Care Tax Credit.
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Taking command of your internal controls
Summer 2013
Newsletter: Auto Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 843
Abstract: Every dealership is at risk for theft and financial misstatement. These threats are especially high if a store lacks formal, regularly reviewed internal controls. This article offers some ways to take command of them. It discusses conventional safeguards, such as passwords, alarms and locks, and operational controls, such as checks and balances, segregation of duties and background checks. A sidebar offers five easy fraud prevention tips.