- In a recent case involving securities fraud and breach of contract claims, the U.S. Court of Appeals for the Third Circuit found that the lower court’s standard for reliability on Daubert grounds was too high; a plaintiff need not demonstrate by a preponderance of the evidence that the expert’s opinions are correct — just reliable. This article explains the court’s distinction between “typical” and “nontypical” securities fraud cases and how it made a difference in this case.
- The issue of whether valuators should “tax-affect” an S corporation’s earnings — that is, reduce earnings by an assumed corporate tax rate — continues to be controversial. The U.S. Tax Court rejected the practice in 1999, claiming that tax-affecting was inappropriate in valuing an S corporation. But in recent years several courts have embraced the concept, choosing a middle ground that better reflects an S corporation’s value. This article looks at a couple of recent cases, while a sidebar indicates that the Tax Court might revisit tax-affecting if the right case comes along.
- A recent court case serves as a good reminder of how the passive activity loss (PAL) rules apply to real estate professionals.
- Identifying and mitigating construction project risk is not limited to the quantitative analysis of project cost data.
- Look at every opportunity to finance projects by evaluating their eligibility for tax credit financing through the New Markets Tax Credit (NMTC) and Low-Income Housing Tax Credit (LIHTC) Programs, which are designed to support investment in communities and meet the housing needs of residents.
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