To successfully litigate a case before the U.S. Tax Court, mastery of the applicable substantive tax rules is crucial. However, the importance of the Tax Court’s unique Rules of Practice and Procedure (Rules) should not be overlooked. As one...
CAN A LANDLORD’S BANKRUPTCY DESTROY A LEASE? A THIRD LOOK AT THE QUALITECH CASE
A lien on nothing. That is exactly what a leasehold mortgagee fears it will get when it accepts a ground lease as collateral for a commercial mortgage loan. The lease might terminate prematurely and destroy all of leasehold mortgagee’s collateral,...
A CORPORATE GOVERNANCE ANOMALY:
REQUIRING OUTSIDE AUDITORS TO DISCLOSE CAMS MAY HAVE UNINTENDED CONSEQUENCES Generally accepted audit standards (GAAS) require an auditor to communicate significant findings from the audit to those charged with governance in the entity being...
LIFE, LIBERTY, AND THE PURSUIT OF EQUITY — RETURN TO WHAT?
After a year and a half of hunkering down, carefully quarantining, social bubbling, and generally acting like hermit crabs, the world—and the workforce—is slowly getting back on track. Just as the start of the pandemic was traumatic, reentry into...
FARM LEASES: TWELVE IMPORTANT THINGS TO CONSIDER
The following checklist is meant to act as a guide to various lease terms and provisions specific to farm leases. However, each lease is specific to the parties involved; accordingly, some of the items addressed below may not be relevant to a given...
MODEL INSURANCE REQUIREMENTS FOR A GROUND LEASE
These Model Insurance Requirements for a Ground Lease (the “Model Insurance Requirements”) consist of an extensive and detailed set of up-to-date insurance requirements suitable for use in a ground lease (a “Lease”). The Model Insurance...
USE OF JOINT SPOUSAL TRUSTS IN COMMUNITY PROPERTY STATES: STILL THE GOLD STANDARD OF ESTATE PLANNING?
Unlike common law states that have not historically favored the use of a single joint revocable trust for spouses (hereafter referred to as the Joint Spousal Trust or JST), the JST has long been the gold standard estate planning tool of choice in...
THE FIRST QUARTER OF 2021 IS OVER: WHERE ARE WE IN NEW YORK?
Like every other aspect of life in New York over the past year, real property leasing, lending, and sales have been turned upside-down by the Covid-19 pandemic. Countless tenants and property owners have failed to pay full rent or mortgage...
FIVE FEDERAL TAX ISSUES TO CONSIDER WHEN SERVING ON THE BOARD OF A PUBLIC CHARITY
Being invited to serve on the board of a charity you care about is often a wonderful honor and an exciting opportunity. Nonprofit organizations are well served to include an attorney on the board who can help identify, among other legal threats,...