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Showing 1–16 of 20 results
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Estate of MacElhenny v. Commissioner – Claims against decedent didn’t reduce the estate’s value
November / December 2023
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 862
Abstract: The U.S. Tax Court recently ruled that an estate couldn’t deduct the value of two consent judgments entered against the decedent. This article explains why the U.S. Tax Court sided with the IRS, ruling that the judgments didn’t qualify as “bona fide” claims against the estate. A sidebar highlights the Tax Court’s rejection of the estate’s argument that entry by a state court makes judgments bona fide claims. Estate of MacElhenny v. Commissioner, Nos. 12981-19, 12982-19 (Tax Ct. March 15, 2023).
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SCOTUS rejects fair use defense in Warhol copyright case
October / November 2023
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 862
Abstract: The U.S. Supreme Court has issued its much-anticipated ruling in a case that drew attention partly because it involved two widely renowned artists: the musician Prince and the visual artist Andy Warhol. More importantly, though, the high court weighed in on some of the limits of the fair use defense to copyright infringement. This article covers the fair use doctrine and its application in the case, notably that the original photo and the copying use shared substantially the same purpose. A short sidebar discusses other Warhol works that make an artistic commentary on consumerism, and thus had a different purpose from the original image. Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869 (U.S. May 18, 2023).
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Typo spells the end of patent challenge
Year End 2022
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 862
Abstract: What happens when a patent is challenged as being obvious based on a previous patent, but the earlier patent contains a typographical error? It depends on how obvious the error is. The U.S. Court of Appeals for the Federal Circuit recently found such a patent error obvious — even though the error wasn’t discovered until an expert conducted extensive analysis 20 years after the error was first published. The result: The earlier patent didn’t disclose the subsequent invention, and the later patent wasn’t invalidated in view of the prior, errant disclosure. This article discusses the law governing typographical errors in patents. A brief sidebar highlights the dissenting judge’s opinion that, while agreeing that the majority applied the proper standard, the error at issue was not only typographical. LG Electronics Inc. v. ImmerVision, No. 21-2037, -2038 (Fed. Cir. July 11, 2022).
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Screenwriter’s copyright returns from the dead – Labor law doesn’t control work-for-hire determination
April / May 2022
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 862
Abstract: Employee or independent contractor? The answer is critical for a variety of rights, and multiple tests have been developed under employment law. But, in Horror, Inc. v. Miller, the U.S. Court of Appeals for the Second Circuit found those tests aren’t determinative when it comes to copyright issues. This article reviews the employment status — and thus copyright ownership — of a screenwriter for the successful “Friday the 13th” movies. Horror, Inc. v. Miller, No. 18-3123 (2d Cir. Sept. 30, 2021).
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Four strategies for closing the skills gap
Spring 2020
Newsletter: Manufacturer
Price: $225.00, Subscriber Price: $157.50
Word count: 862
Abstract: As technology continues to advance at a dizzying pace, manufacturers are facing a growing skills gap. The increasing role of automation, robotics, machine learning, artificial intelligence and other innovations is rendering many traditional manufacturing jobs obsolete. At the same time, manufacturers are finding that the skilled workers they need to operate a modern facility are in short supply. The situation is exacerbated by a tight labor market and millions of retiring Baby Boomers. This article examines four strategies for manufacturers who are faced with a skills gap. A brief sidebar discusses the deferral of Accounting Standards Update No. 2016-02, Leases (Topic 842), from 2020 to 2021 for certain companies.
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When a surname can be registered as a trademark
June / July 2019
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 862
Abstract: Family businesses often like to use their surname as a mark for their products and services, whether as a point of pride or simply because they feel the name is memorable. These businesses can run into obstacles, though, when it comes time to register trademarks with the surname. This article summarizes a prolonged court battle over one such mark showing how problems can arise — and how businesses can overcome them. A short sidebar discusses why the opposers’ First and Fifth Amendment claims also failed. Schlafly v. St. Louis Brewery, LLC, No. 17-1468, Nov. 26, 2018, Fed. Cir.
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3 questions to ask about tax reform when valuing a business
May / June 2018
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 862
Abstract: The Tax Cuts and Jobs Act (TCJA) is the biggest change to the tax law in over 30 years. This article explains why it’s important to consider 1) how tax reform will specifically affect the subject company’s cash flow, 2) how management plans to use any tax savings, and 3) whether management’s projections seem reasonable. A sidebar explains how the new law could also affect a company’s tax base (the amount to which new, lower tax rates will be applied).
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Focus on valuation – Valuation issues are at the forefront in dissenting shareholder cases
March / April 2018
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 862
Abstract: Attorneys involved in dissenting shareholder cases quickly learn that business valuation plays an important role in determining damages. This article discusses three critical valuation matters to consider in shareholder disputes: the appropriate standard of value, effective date, and valuation methods. A sidebar summarizes a recent case in which the Arizona Court of Appeals upheld the valuation of a dissenter’s interest based on a failed IPO. Kottayil v. Insys Therapeutics, Inc., No. 15-0765, Ariz. Ct. App., August 29, 2017
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Discounted cash flow vs. capitalization of earnings – How two methods measure up
March / April 2017
Newsletter: Viewpoint on Value
Price: $225.00, Subscriber Price: $157.50
Word count: 862
Abstract: Future earnings drive value under the income approach. This article compares and contrasts two methods that fall under this approach: the discounted cash flow and capitalization of earnings methods. A sidebar explains what terminal value is — and how to calculate it.
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How to shift income to family members and save money
January / February 2017
Newsletter: Planning for Prosperity / Wealth Management Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 862
Abstract: This article talks about transferring income-producing or capital assets to family members — a key strategy for easing the tax burden of high-income earners. Topics include working around the kiddie tax and transferring securities to retired parents. A sidebar discusses the problem of capital gains trapped in nongrantor trusts and possible solutions for liberating them.
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Postdeal M&A issues: Ensuring a smooth transition
April / May 2016
Newsletter: Commercial Lending Report
Price: $225.00, Subscriber Price: $157.50
Word count: 862
Abstract: Mergers and acquisitions take months (or even years) of work to conduct due diligence, negotiate the terms and obtain financing. But the hardest work comes after closing, when management is tasked with integrating two corporate cultures. This article explains how lenders can do more than watch from the sidelines: They can review interim performance, encourage swift and decisive change, and ask a lot of questions. A sidebar highlights simplified accounting alternatives that private companies may now elect after combining with another entity to minimize postdeal accounting costs.
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Tax break: Activated – Don’t overlook the Section 199 deduction
March / April 2016
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 862
Abstract: Many contractors may not fully realize that their companies could qualify for the Section 199 tax deduction. They should, because it could allow a construction business to deduct from its taxable income as much as 9% of taxable income derived from certain qualifying activities. This article identifies some of the activities that may be eligible and describes the calculations involved. A sidebar looks into recently proposed IRS regulations related to the Sec. 199 deduction.
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The PAL rules and estate planning – Can you reduce your trust’s tax bill?
September / October 2015
Newsletter: Tax Impact
Price: $225.00, Subscriber Price: $157.50
Word count: 862
Abstract: Trusts can accomplish a variety of estate planning goals, including wealth distribution, asset protection, estate and gift tax reduction, and probate avoidance. But taxpayers should not overlook their income tax treatment. By reducing a trust’s income tax bill, they can preserve more wealth for their heirs. This article covers a U.S. Tax Court ruling addressing material participation in regard to passive activity loss (PAL) rules, and how the court’s decision created new tax-saving opportunities for many trusts. A sidebar defines a “real estate professional.”
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Could you fall over the edge? Reviewing your workforce in a post-ACA world
September / October 2014
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 862
Abstract: There was a time when contractors could generally maintain relatively streamlined workforces and then expand them as necessary when work picked up. But, with the passage of the Affordable Care Act (ACA), “large employers” are at risk for penalties if they don’t offer “minimum essential” health care coverage or coverage that isn’t “affordable” or of “minimum value” as defined by the ACA. This article describes what constitutes a “large employer” and the penalties they face, along with IRS final regulations that delay penalties for smaller “large employers.” A sidebar adds that the final regulations for the ACA’s “play or pay” provisions also affect independent contractors and staffing agencies.
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Is your bank on top of cybersecurity? 2 severe threats loom over financial institutions
Summer 2014
Newsletter: Community Banking Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 862
Abstract: Increasing use of online and mobile banking technologies has made banks and their customers more vulnerable to cyberattacks than ever before. Most recently, the Federal Financial Institutions Examination Council outlined the steps banks should take to address two severe threats: 1) distributed denial-of-service (DDoS) attacks and 2) cyberattacks on ATM and card authorization systems. This article takes a look at these threats, and a sidebar examines the appropriate level of disclosure to shareholders regarding cybersecurity risks and incidents.
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When it’s time to re-evaluate investments, get a valuation
November / December 2011
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 862
Abstract: Commercial property values are down for many reasons. But choosing the right path forward — with possibilities ranging from staying the course to teardowns to surrendering to the bank — may require more than just a general sense of decreased value. A formal valuation can help chart the best course of action. This article discusses the critical factors involved in a valuation. And, as a sidebar explains, even a decreased value can offer a silver lining: reduced expenses for property insurance and taxes.