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Stipulation That Resolves Entire Amount Must Reflect Intent of Parties Image

Stipulation That Resolves Entire Amount Must Reflect Intent of Parties

Francis J. Lawall & Kenneth A. Listwak

The Ninth Circuit recently affirmed a lower courts' rulings that a stipulation between the IRS and a bankruptcy trustee, which allowed the IRS's priority tax claim, did not prevent the IRS from collecting nondischargeable tax debt above the agreed amount in that stipulation.

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7 Post-Pandemic Commercial Property Tax Tips Image

7 Post-Pandemic Commercial Property Tax Tips

Cris K. O'Neall

As post-pandemic market values fluctuate due to higher prices, property owners need to adopt strategies to keep their assessed property values down. As we emerge from COVID-19 here are seven key considerations to minimize property tax assessments even as prices increase.

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Tax Implications of Budget Reconciliation Bill Image

Tax Implications of Budget Reconciliation Bill

Lawrence L. Bell

Part Two of a Two-Part Article This installment discusses how to use benefit laws that have been on the books for over 30 years to fund not only death benefits but also alternatives to deferred compensation for business and estate planning purposes for pass-through entities.

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Will Supreme Court Settle Sale of Tax Liens Issue? Image

Will Supreme Court Settle Sale of Tax Liens Issue?

Kenneth L. Baum

There's a split among circuit courts on whether tax foreclosure sales may be avoidable as preferential and fraudulent transfers by property owners who subsequently seek relief under the Bankruptcy Code. If the Supreme Court eventually weighs in to resolve this circuit split, property owners, municipalities, and potential bidders for tax liens across the country will receive greater clarity on this critical issue.

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Remote Work Yields Savings, But Watch for Tax and Jurisdiction Issues Image

Remote Work Yields Savings, But Watch for Tax and Jurisdiction Issues

Troy Ayala

While the rapid ascent of home offices may have initially come as a shock to more than a few corporate cultures, the truth is that business leaders who embrace long-term remote working can yield significant cost savings and boost employee morale.

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Tax Implications of Budget Reconciliation Bill Image

Tax Implications of Budget Reconciliation Bill

Lawrence L. Bell

In this two-part article, we look at the proposed tax law changes in the budget reconciliation bill — the major legislation in 2021.

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Build Back Better: Considerations for Tax Advisers & Planners Image

Build Back Better: Considerations for Tax Advisers & Planners

Lawrence L. Bell

The Infrastructure Investment and Jobs Act, signed by the President on Nov. 15, 2021, presents a number of issues for advisers, planners and taxpayers to consider.

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Biden's Economic Road Map Includes Benefits for Government Contractors Image

Biden's Economic Road Map Includes Benefits for Government Contractors

Lawrence L. Bell

The Biden Administration and the Democratic controlled Congress is rolling out a robust spending plan that will provide benefits and burdens for the defense and government contract community. This article provides a road map that will assist in providing permissibly selective benefits for the qualifying government contractors and employees.

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Selective Reassessment of Only Commercial Properties Violates the Uniformity Clause Image

Selective Reassessment of Only Commercial Properties Violates the Uniformity Clause

Alan Nochumson & Clementa Amazan

The Commonwealth Court of Pennsylvania recently analyzed whether the City of Philadelphia's selective reassessment in tax year 2018 of only commercial properties at current market value violated the Uniformity Clause and the Assessment Law's requirement that the City assess all properties annually at actual market value.

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Registered Nurses In a Top Hat Plan Image

Registered Nurses In a Top Hat Plan

Lawrence L. Bell

As the healthcare industry is emerging from the pandemic they are looking for ways to reward, retain and recruit a very important segment of its people — Registered Nurses. Employers are looking for ways to provide benefits in an economically efficient fashion that does not create an immediate and punitive tax on the participant.

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    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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