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Is a Legislative Crackdown Coming on Third Party Releases in Bankruptcy Plans?

The Restructuring Report

September 24, 2021

Third-party releases headline news stories about major chapter 11 cases, including Purdue Pharma and the Boy Scouts of America. Will Congress consider a bill that would restrict the use of third-party releases?

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Federal District Court of Minnesota Holds that Disgorgement of Chapter 11 Professional Fees Not Allowed

The Restructuring Report

September 24, 2021

When a case is administratively insolvent, can a trustee force estate professionals to disgorge compensation paid pursuant to a court’s order approving such compensation?

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The Importance of State Laws and the Evidentiary Record in Fraudulent Transfer Analysis

The Restructuring Report

September 24, 2021

A recent court decision, Mendelsohn v. Roslyn, provides important lessons for pleading and proving fraudulent transfer claims.

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Are 501(c)(3) Organizations Exempt from Minnesota Property Tax?

Let’s Talk About Tax

September 23, 2021

Many 501(c)(3) organizations receive a property tax statement on a newly acquired property and ask: “As a 501(c)(3) organization, aren’t we exempt from property tax?”

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Tax Issues in the Use or Disposition of International Intangibles: The Good, the Bad, and the Ugly (Part II)

Let’s Talk About Tax

September 16, 2021

This week, we turn to international transactions that involve licenses or the provision or performance of e-commerce services.

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Tax Issues in the Use or Disposition of International Intangibles: The Good, the Bad, and the Ugly (Part I)

Let’s Talk About Tax

September 9, 2021

The transfer or use of intangibles generally is a complicated area of taxation, and one that continues to evolve.

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When It Comes to Software, You Better Watch Your SaaS

Let’s Talk About Tax

September 3, 2021

As I ask organizations, big and small, what sales and use tax issues cause them the biggest headaches, the answers are overwhelmingly the same – taxability and apportionment of both software and direct mail. I’m going to save direct mail for another day. But for those who are unconcerned about your organization’s treatment of software, I’m here today to read you the riot act.

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The Enhanced Child Tax Credit: Can taxpayers opt out, and why might taxpayers want to?

Let’s Talk About Tax

August 26, 2021

Yes, taxpayers can opt out! While the monthly payments of the enhanced child tax credits, passed last spring by Congress as part of the American Rescue Plan, are helpful to many American families, they could actually create issues for others, with some taxpayers actually owing money to the federal government next year if they were to receive such tax credits now.

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Worker Classification: A Rose by Any Other Name Would Smell as Sweet

Let’s Talk About Tax

August 19, 2021

Companies that hire independent contractors are not obligated to withhold income taxes or employment taxes (such as Social Security and Medicare) or pay the employer share of employment taxes and unemployment insurance. But, just because an employer labels its workers “independent contractors,” as opposed to “employees,” doesn’t make it so.

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MTC “Cookie Monster” Seeks to Take a Huge Bite Out of Pub. L. 86-272

Let’s Talk About Tax

August 12, 2021

Since 1959, taxpayers have been relying on a federal law—Public Law 86-272—to protect them from having to file state income tax returns in states where the taxpayers’ in-state activities are limited to just soliciting sales of tangible personal property. On August 4, 2021, the Multistate Tax Commission (MTC) member states voted 20-0 to revise the MTC’s “Statement of Information” regarding Public Law 86-272 in an attempt to eviscerate the federal law’s protections.

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