by Tyler B. Korn, Esq. | Jul 27, 2009 | Articles
When a partner withdraws from a partnership, it usually does not matter to the principals whether the withdrawing partner receives compensation for his partnership interest from third parties, from the partnership, or from the remaining partners themselves. After all,...
by Tyler B. Korn, Esq. | Jul 27, 2009 | Articles
As a matter of non-tax law, it is often preferable and less cumbersome to structure the sale of a business as a stock sale rather than as a sale of assets. Stock sales, however, do not allow purchasers to benefit from a “step up” in the basis of the acquired company’s...
by Tyler B. Korn, Esq. | Jul 27, 2009 | Articles
Although real estate can provide powerful tax advantages, it is always disheartening to encounter clients who have fallen into readily avoidable tax traps. In some cases, they must unexpectedly pay tax because they failed to properly structure their affairs, and in...
by Tyler B. Korn, Esq. | Jul 27, 2009 | Articles
By permitting the division of a corporation through the distribution of stock (in one form or the other) without recognition of gain or loss at either the shareholder or the corporate level, Section 355 is one of the few remaining Internal Revenue Code provisions...
by Tyler B. Korn, Esq. | Jul 27, 2009 | Articles
Claims that have slumbered too long are difficult to prosecute, as the passage of time tends to cause evidence and records to be lost, memories to fade, and witnesses to disappear. Statutes of limitation are therefore designed to promote justice by preventing...
by Tyler B. Korn, Esq. | Jul 27, 2009 | Articles
In general, a real estate rental activity is treated as a passive activity under Section 469(c)(2) of the Internal Revenue Code, regardless of the extent to which you materially participate in that activity. This rule of the tax code often poses significant tax...