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Unreasonable Compensation to PC Shareholders: The IRS Gains a Victory Image

Unreasonable Compensation to PC Shareholders: The IRS Gains a Victory

James D. Cotterman

The general view has been that unreasonable compensation claims against shareholder employees of professional corporations was not an issue. In <i>Pediatric Surgical Associates P.C. v. Commissioner</i>, the Tax Court determined that compensation paid to the shareholder physicians was unreasonably high because it exceeded the value of the services performed. Many law firm professional corporations could face this same issue.

Partner Care Image

Partner Care

Nancy Regan & Stanley Kolodziejczak

In an ever-increasing competitive environment, it becomes more and more difficult for law firms to distinguish themselves from their competitors. A quick scan of some of the better-known firm Web sites shows that many firms often look and sound alike. However, it is the quality and caliber of the attorneys that set the firms apart. Saying you're distinctive is much easier than proving it to the marketplace, your partners and staff. One area in which your firm can build distinction and establish itself as a leader is Partner Care.

Features

Section 79 Planning Opportunities Image

Section 79 Planning Opportunities

Lawrence L. Bell, Theodore J. Zouzounis & Stephen M. (Pete) Peterson

Closely held businesses produce over 50% of the Gross National Product ("GNP"). Less than 50% of these businesses have a continuation plan and almost one-third of these companies (29%) use a buy-sell arrangement to assist in their planning. Buy-Sell agreements are very simple tools that over the years have grown to meet increasing needs of closely held businesses.

News Briefs Image

News Briefs

ALM Staff & Law Journal Newsletters

The latest news from the franchising world.

Features

Court Watch Image

Court Watch

Darryl A. Hart

CA Supreme Court: No 'Narrow Restraint' Exception to Prohibition on Covenants Not to Compete

Franchisors May Have Standing to Seek to Quash Subpoenas Directed to Third Parties Image

Franchisors May Have Standing to Seek to Quash Subpoenas Directed to Third Parties

ALM Staff & Law Journal Newsletters

What can a franchisor do if some of its franchisees or business partners (who are not parties to the litigation) are slapped with broad and burdensome subpoenas from disgruntled franchisees or potential franchisees in litigation? In many cases, the answer may be nothing. The Federal Rules of Civil Procedure generally do not allow a party to seek to enforce the rights of others (many states have analogous rules, as well).

Canadians Tackle Disclosure Documents and Other Franchise Mysteries Image

Canadians Tackle Disclosure Documents and Other Franchise Mysteries

Paul Jones

In Canada, franchise disclosure documents ('FDDs') are not reviewed by any government agency. It is up to the franchisor to prepare and deliver the document correctly, failing which the franchisee can, for a limited period of time, send in a rescission notice.

Rules of Thumb to Rein in Litigation Costs and Optimize Results Image

Rules of Thumb to Rein in Litigation Costs and Optimize Results

Stewart Weltman

This is the fifth and final entry in a series of articles discussing how in-house counsel can better manage litigation matters.

Canada: What Are the Rules in Ontario's 'Neverland'? Image

Canada: What Are the Rules in Ontario's 'Neverland'?

Markus Cohen

The Canada-based, Louisiana-flavored B'ton Rouge franchise system features ribs, beef, and fish in a casual-dining atmosphere, with about 20 franchised restaurants operating in Qu'bec and Ontario. One of the Ontario locations is the battleground for the case to be outlined in this article: <i>4287975 Canada Inc. v. Imvescor Restaurants Inc. et. al.</i>

Features

Antitrust Limits on Pre-Closing Conduct in Mergers and Acquisitions Image

Antitrust Limits on Pre-Closing Conduct in Mergers and Acquisitions

James T. McKeown

In track, a runner "jumps the gun" when he or she begins running before the gun has sounded. A similar concept occurs when two competing firms that have agreed to merge begin coordinating their activities or combining their distribution networks before the merger closes. Here is what merging firms can and cannot do before the gun sounds.

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