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Does Giving Tax Advice Make You a 'Preparer'?

Richard H. Stieglitz & Michael G. Freel

Signed by President Bush on May 25, The Small Business and Work Opportunity Tax Act of 2007 ('Small Business Act') includes new preparer penalty provisions that range up to 50% of the fee for preparing the tax return. Lawyers who give tax advice need to know that this legislation had a 'surprise' in it regarding whom the IRS considers a tax return preparer.

Features

Evolution of a Law Firm CFO

Glenn H. Graner

Twenty-two years ago, I received a call from a headhunter looking to hire a Controller for Kirkpatrick, Lockhart, Johnson & Hutchison, a midsize and growing law firm with about 150 lawyers.

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Features

Equipment Finance in Canada: Changes to the Income Tax Act May Have an Impact

Jonathan E. Fleisher & Andrew M. Reback

Canada's conservative minority government recently passed its 2007 Financial Budget (the 'Budget'), which will likely impact the equipment finance industry and particularly cross-border (U.S./Canada) transactions. Central to the Budget was the proposal to eliminate withholding tax on interest payments on loan transactions. As will be discussed below, the likely impact will be that traditional cross-border transactions will be restructured to: 1) provide for quicker repayment of the principal portion of the loan, and 2) provide a means for a greater number of less internationally focused commercial banks and finance companies to undertake cross-border transactions which, prior to the enactment of the new legislation, would have be seen as too complex. This second impact may cause a more competitive environment and further add liquidity to any already liquid market. It is not clear, however, that the proposed legislation will have a significant impact on larger transactions or the activities of internationally focused lenders. While there will likely be enhanced competition for smaller straightforward transactions than currently exists, the market for complex large transactions, while restructured, will have the same level of competition as currently exists.

Negotiating a Medicaid Lien

Jane M. Fearn-Zimmer

Last year, the U.S. Supreme Court limited reimbursement of Medicaid liens to the fraction of the total recovery that corresponds to medical expenses. <i>Arkansas Department of Health and Human Services et al. v. Ahlborn</i>, 547 U.S. 268 (2006). Measures can be taken, however, that dramatically limit government liens, preserving recoveries to enrich the quality of life of a severely disabled individual.

Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of importance to you and your practice.

Features

Med Mal News

ALM Staff & Law Journal Newsletters

What's new and noteworthy.

Features

Drug & Device News

ALM Staff & Law Journal Newsletters

The most recent news you need to know.

Features

'Back Channel Diplomacy' As a Litigation Technique

Michael Brophy

In this writer's experience, the majority of medical malpractice cases involve a primary target defendant, usually a hospital or attending physician, often joined with multiple codefendants with less potential exposure. It is not uncommon to find three or more defense firms playing active roles in the discovery process, and, for purposes of this article, we shall refer to those defendants with lesser potential exposure as 'secondary defendants.'

Suit Charges 'Inhumane' Questions at Med-Mal Deposition

Lisa Brennan

Rough spots are common on the road of civil litigation, but it's not every day that a plaintiff's attorney sues his adversary for asking 'inhumane' questions during a deposition that allegedly inflict 'grievous emotional distress.' That's the thrust of a suit filed July 11 in Essex County, NJ.

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